Child Sex Abuse Lawyer
Hiring a Child Sex Abuse Lawyer
Child sexual abuse is a serious social problem affecting our society. In recent years, many investigations have brought to light the extensive abuse spanning decades. The Herman Law team exclusively represents victims of sexual abuse and has many years of experience advocating for survivors.
The dedication of Herman Law’s child sex abuse lawyers and staff members to child sex abuse lawsuits helps victims of these heinous crimes heal. Our unique approach to this sensitive area of law also helps our clients receive the best results. Our processes include spending the first 30 days:
- Proactively focusing on developing your case by discussing a specific strategy
- Ensuring we stay on track and implement that strategy
- Diligently collecting and preserving all necessary evidence to support your case
- Utilizing our own in-house Special Investigative Unit that understands what evidence you need and how to obtain it
These first 30 days are crucial to pursuing your claim successfully. If you experienced sexual abuse as a child, contact us now for a free consultation to learn about your legal rights and how to get the compensation you deserve to support your ongoing recovery financially.
Jump to Section
- Hiring a Child Sex Abuse Lawyer
- Helping Child Abuse Victims
- How Child Sexual assault Lawyers Can Help
- Types of Cases our Child Sexual Abuse Lawyers Handle
- What are my or my child’s rights as a child abuse survivor?
- Child Sex Abuse Laws & Consequences
- Current Legislation Protecting Child Sexual Assault Victims
- Child Sex Abuse State Laws & Statutes of Limitations
- Sexual Child Abuse State Lawsuit Windows
- FAQs About Child Sexual Abuse Lawsuits
- Let our Child Sex Abuse Lawyers at Herman Law Fight for You
“My message to families whose kids were sexually abused is to get help, is to talk, talk to professionals, understand the resources available to you, and even though your instinct is to want to forget it and hope it goes away if you don’t take it head on it won’t go away. Unfortunately, we know that from experience, and we know the most important thing for a victim of sexual abuse is to empower them and to give them a voice.”
Helping Child Abuse Victims
Herman Law comprises child sex abuse lawyers who understand the challenges faced by these brave survivors. Our sole mission is to help child sex abuse victims by giving them a voice and empowering them throughout the legal process and continued healing. Herman Law fights for victims’ rights to recover the maximum compensation available to ease the financial burden of the physical and psychological trauma suffered.
We are a national law firm with a history of being attorneys dedicated to advocating for child sexual abuse survivors. The Herman Law firm is divided into different departments specifically designed to create an advantage for childhood sexual trauma victims who choose to file a civil claim against their perpetrators. Herman Law has an in-house investigative unit made up of former law enforcement officers, allowing us to gather the pertinent facts of your case and substantive evidence before filing a lawsuit. Doing so enables us to move forward with your case expeditiously, eliminating delays.
Child sexual abuse victims filing a civil lawsuit are not always children. Often, victims delay starting a lawsuit because they’re intimidated by their perpetrator, they want to forget about the problem, or they aren’t sure if the harm they experienced was sexual abuse. The time for prosecuting varies state by state. Like California and New York, some states have passed laws for child victims prolonging the time frame to bring a civil lawsuit against their perpetrators.
At Herman Law, we empathize with victims and their families and seek to provide advice that supports everyone through the process. To understand the right time for you to file a lawsuit, it’s crucial to get help and contact a child sexual assault lawyer to understand the resources available to you, even as an adult.
How Child Sexual Assault Lawyers Can Help
Child sexual abuse cases can be mentally tolling for the victims, their caretakers, and their families. Often, victims of child sex abuse are scared to disclose the abuse to anyone because they fear the perpetrator. After coming forward, it can seem like it’s easier and the best option just to move forward, forget about the whole thing, and hope everything goes away.
Herman Law offers counseling and advice to help confront the problem head-on and help you understand and navigate the experience, including getting answers to your questions about the law.
Child sex abuse victims can bring civil lawsuits against an individual and organizations or third-party institutions responsible for enabling or covering up the abuse. Examples of third parties that can share accountability for your abuse include:
- School districts
- Religious organizations
- Summer camps
- Residential care facilities
- Youth organizations
Types of Cases our Child Sexual Abuse Lawyers Handle
Herman Law handles a variety of child sexual abuse cases occurring in both private and public situations, including:
What are my or my Child’s Rights as a Child Abuse Survivor?
A victim of child sexual abuse can file a civil lawsuit. A parent or guardian can represent a child and sue for physical, psychological, and other harm caused due to the abuse. The victim’s parent or guardian can also sue for their own pain and suffering stemming from their child’s abuse. Emotional distress damages compensate the distressed party for the psychological impact of the child’s sexual abuse.
If a victim or a caregiver chooses to file criminal charges and allow the state to prosecute the perpetrator, the rights of a child sexual abuse survivor include the right to appear and be heard at criminal proceedings.
Child Sex Abuse Laws & Consequences
Four federal laws address criminal charges for child sexual abuse: Aggravated sexual abuse (18 U.S.C. §2241), Sexual abuse (18 U.S.C. §2242), Sexual abuse of a minor or ward (18 U.S.C. §2243), and Abusive sexual contact (18 U.S.C. §2244).
Current Legislation Protecting Child Sexual Assault Victims
Congress passed laws requiring states to take preventative steps concerning child sexual abuse, including:
- Rape Survivor Child Custody Act (2015)
- The Wetterling Act (1993)
- The Adam Walsh Child Protection and Safety Act (2006)
- The Kilah Davenport Act (2013)
Congress designed these Acts to deter future instances of child sexual abuse and protect victims and their families. The resulting positive effects of these acts include:
- Sexual offender and crimes against children registry
- Increasing penalties for perpetrators of child sexual abuse
- Increasing penalties for repeat offenders
- State laws terminating parental rights of men who father children through rape
The federal government has passed many laws to deter acts of child sexual abuse and assist victims, but federal laws themselves typically don’t apply to child sexual abuse matters. For federal laws to apply, the crime must occur on federal lands, including military bases and Indian territories. Generally, whenever a child sexual abuse act occurs in a single state, the state’s laws apply, and local and state authorities handle the case.
Criminal penalties for people found guilty of violating child sexual abuse laws, both in federal and state criminal law proceedings, include:
Fines: The amount fined typically ranges depending on the egregiousness of the crime. More significant fines can reach several thousand dollars.
Incarceration: The length of jail time is largely dependent on whether the penalty is a misdemeanor or a felony, but specific state laws also determine a perpetrator’s sentence.
Probation: Probation is considered a weaker penalty that generally applies to less egregious cases lacking a sexual element, such as verbal abuse.
Child Sex Abuse State Laws & Statutes of Limitations
Each state has different laws governing definitions, charging, and penalties related to child sexual abuse. These laws might include differing definitions of sexual abuse, more considerable penalties depending on victims’ ages, affirmative defenses available to the perpetrator, and different standards of proof or mental status requirements. Some state laws also differ regarding reporting requirements, DNA sample handling and application, and limits on rapists’ parental rights.
A primary difference in state laws is the statute of limitations. States generally have a restrictive statute limiting the amount of time a victim has to initiate a lawsuit. Recently, most states have added extensions specifically for cases involving child sexual abuse. Legislators granted these extensions recognizing that victims of child sexual abuse frequently do not discover the relationship between their psychological damage and their abuse until they reach adulthood.
According to the Rape, Abuse, & Incest National Network (RAINN), most states have a statute of limitations that ranges from a ten-year time limit to around 21 years of age or longer to report and prosecute serious felony sex crimes. The statute of limitations for each state is different to report child sexual abuse, but many states enacting look back windows allow for victims of any age to now file claims, regardless of when their abuse happened. These prolonged reporting periods will only last for a designated time, with many deadlines set in 2021 or 2022.
If you’re an adult seeking to file a civil action for child sexual abuse, you must contact an attorney to determine the relevant statute of limitations in your state.
FAQs About Child Sexual Abuse Lawsuits
If you or your child were a victim of child sexual abuse, you likely have many questions about how a child sexual abuse lawyer or lawsuit can help you. We hope to provide answers to your questions and help you continue your healing and journey to recovery.
As the child’s caretaker, am I liable for child sexual abuse that happened to my child?
Some states have laws holding caretakers liable for child sexual abuse if they were aware of the abuse and failed to stop it. Courts commonly refer to this type of liability as an act of omission.
How do I file a child sexual abuse lawsuit?
- If you suspect someone is sexually abusing a child, the first step is to ensure that the child is safe. If someone sexually abused you as a child, the first thing you need to recognize is that it was not your fault.
- No matter the child sexual abuse circumstances, the next step is to file a claim with child protective services or the police. To do this, contact your state’s child protective services officers and provide as much factual information as possible supported by any evidence available to you. For more information on reporting child sexual abuse, you can visit the Stop it Now website.
- Lastly, you need to reach out to a child sexual abuse attorney to schedule a consultation. During this time, a lawyer can help you decide if a personal injury lawsuit is right for you to seek compensation for damages via causes of action, including assault, battery, intentional infliction of emotional distress, or negligent emotional distress.
Who can sue?
A child can sue via a parent or guardian for damages, including psychological harm and physical injury, caused by sexual abuse. Psychological damages can include emotional distress, lost wages, and mental health therapy. Physical damages typically include medical bills, surgeries, or rehabilitation stemming from treatment for physical harm done to the victim. A victim’s parent or caregiver can also recover damages for their emotional distress related to their child’s sexual abuse.
Can I keep my sexual abuse case from becoming public?
Clients can remain confidential, which is an important option for many individuals. If you want to come forward but don’t want your name publicly out there, we will use a pseudonym such as Jane Doe or John Doe to protect your identity.
Steps to Filing a Claim
Criminal and civil lawsuits differ in their purpose. A criminal lawsuit is meant to punish the abuser, while a civil lawsuit is intended to compensate the child sexual abuse victim. If you or your child are victim(s) of child sexual abuse, you can file a claim and potentially receive compensation. Many states extended the time limit when a victim can file a civil suit.
To pursue legal action and ensure you have a valid claim for damages, you must prove:
- The abuse took place when you or your child was under 18
- The abuse happened in the state where you are bringing the lawsuit
- You are currently under 55 years old.
- You have not already received legal compensation for the abuse
Steps for filing your claim include:
1Consultation
You need to consult with a child sexual abuse law firm or attorney who can represent you when filing your lawsuit. A lawyer can help determine if you have a valid case and whether to file in federal or state court. Remember, everything you disclose to a lawyer is confidential, so it’s crucial to include all relevant facts.
2Complaint
After discussing your case with your lawyer, counsel, or associated law firm, they will draft and file a complaint on your behalf. The complaint includes the details of your injury and relevant damages. This document also describes how the perpetrator (the defendant in the case) caused the harm, establishes that the court has the capacity to decide on the case, and asks the court for relief (i.e., compensation or another legal recompense). The complaint is served on the defendant, who then has the opportunity to respond.
3Discovery
After the plaintiff files the complaint and the defendant files an answer or counterclaim, the lawyers will then proceed to discovery. Discovery is the part of the process where the lawyers gather as much information as possible to support their respective client’s cases. A child sex abuse lawyer knows what evidence to secure to help support your claim.
4Trial
If the parties do not settle, then the case advances to trial. The lawyers will present the evidence on behalf of their respective clients (i.e., the plaintiff and the defendant) and potentially call witnesses to testify.
5Verdict
Depending on the trial type, the judge or a jury deliberates and determines a verdict.
6Appeal
If either party does not agree with the verdict, they can appeal the decision, and the appeals court will review the case to ensure errors of law do not exist. An appeals court does not re-hear or re-try the facts or evidence.
This process can differ slightly per case, and there’s no way to predict any civil lawsuit outcome. Your lawyer can help guide you through the complex process to better ensure you or your child receive the compensation deserved.
Let our Child Sex Abuse Lawyers at Herman Law Fight for You
Herman Law is a team of lawyers and staff dedicated to advocating for child sex abuse victims. Herman Law provides valuable advice and insight to help child sexual abuse victims recover compensation for their physical and psychological harm to aid in their continued healing.
Along with years of experience trying sexual abuse cases, Herman Law offers distinct advantages like in-house investigators that can help speed up the litigation process and eliminate unnecessary delays.
Herman Law fights for child sexual abuse victims. If you suffered child sexual abuse, please don’t hesitate to contact us. Herman Law is ready to defend your legal rights and get you the compensation you deserve.
