Sexual abuse (abuso sexual) seems rampant. From human trafficking to child molestation, stories abound. A sexual abuse lawyer sees constant cases.
A sex abuse attorney handles cases where someone allowed sexual abuse to happen. Sexual abuse lawyers mostly sue institutions like religious orders, social organizations, doctors’ offices and hospitals, schools, and juvenile detention facilities, or group homes.
What Do Sexual Abuse Attorneys Handle?
Sex abuse mostly. Sexual abuse has to do with the mistreatment of people in a sexual way. Child molestation is an example. All states have laws in place that recognize that children lack the capacity to give informed consent to a sex act.
Sexual abuse includes both physical contact and non-touching behaviors. Non-touching behaviors include exposing a child to pornography or trying to look at a naked child. Sexual abuse affects girls and boys in all communities. The age that consent can be given ranges from 16 to 18 years old. Sexual abuse of children is a criminal act.
A clergy sex abuse lawyer handles cases where a priest, nun, or someone else within the religious order touched, fondled, or forced sex upon a child or even adult. A church sexual abuse lawyer typically asserts a claim against the diocese. The church is not the only religious group responsible for sexual abuse. All religions have seen sexual abuse.
A doctor sexual abuse lawyer covers cases where a doctor does the same within an office or at a hospital. A sexual abuse attorney can handle cases involving schools, camps, group homes, and other institutions. The role of a sexual abuse lawyer is to figure out how the abuse happened within an institution, if there was notice for example.
Sex Abuse Cases Involve Complex Legal Issues
Sexual abuse cases are controlled by a wide range of laws and regulations because sexual abuse happens in many different settings: at a doctor’s office, at school, in church, in a parent’s house, with organization leaders like Boy Scouts, and in the workplace. While experienced sexual abuse lawyers know that sometimes the abuse is done by a stranger, more often than not it is done by someone the survivor knows. And beyond that, someone they trust, look up to or even admire. A personal injury attorney could provide more information.
Criminal Cases
One of the earliest decisions survivors of sexual assault or abuse may face involves whether or not to pursue criminal actions against the person who abused them. This decision will not be entirely up to the individual, but the first step will be one that the survivor must decide. In order to pursue a criminal case, the crime has to be reported to law enforcement by the sexual abuse survivor.
After the crime has been reported, the decision to pursue a criminal case involves the following steps:
- Arresting the offender
- Prosecution of the offender in a jury trial
- Determination of the offender’s guilt or innocence
- The decision to sentence the offender to prison time
A criminal case is pursued by a prosecuting attorney, who is chosen by the state. The crime committed is considered a crime “against the state.” Victims play the role of a witness in these trials, but the control of the case remains with the state. We do not handle criminal cases.
Civil Cases: How Are They Different?
A criminal case can be very difficult to prove because the burden of proof for the prosecutor requires guilt to be certain of “beyond a reasonable doubt.” In contrast, a civil case requires that the victims and their attorney prove that it is more likely than not that the accused perpetrator is liable.
Unlike a criminal trial, the victim is in control of the case. In a Maryland sexual abuse lawsuit, a survivor initiates the case with the assistance of a sexual abuse lawyer. Survivors are involved in the direction of the case and any potential settlements remain with the survivor.
In a criminal trial, the defendant must answer to the state. The goal of a civil lawsuit is to require the defendant to compensate the victim for the abuse or assault the victim faced. Survivors may obtain damages for past and future medical expenses, past and future income losses, and pain and suffering.
Sexual Assault
Every year, millions of Americans endure a form of sexual assault. Sexual assault involves unconsented behavior that includes contact with another person. It often results in a sense of powerlessness for the victim.
According to statistics, 1 in 3 women and 1 in 10 men will be sexually assaulted in their lifetime with 85% of the sexual assaults involving alcohol. Although all states recognize the crime of sexual assault, each state has different definitions.
The most common forms of sexual assault can be in the form of:
- Kissing, caressing or making unconsented bodily contact.
- Rape – sexual intercourse that unconsented.
- Sexual contact with minors, both consensual and not consensual.
- Forcing object (body part, or foreign object) on any part of another person.
- Forced sodomy or masturbation
- The threat of sexual abuse or violence is really the hallmark and distinguishing characteristic of “assault”
What is Sexual Abuse?
Sexual abuse is any unwanted, non-consensual sexual activity one person inflects upon another. It can involve a range of things, including physical contact or non-contact acts. It often occurs when one person uses power, manipulation, force, or coercion to exploit another person sexually. So teachers with students, therapists or doctors with patients, and religious leaders with young believers.
Key Features of Sexual Abuse
- Lack of Consent: Sexual abuse occurs without the explicit agreement or willingness of the person targeted.
- Power Dynamics: Often involves an imbalance of power, such as between an adult and a child or someone in a position of trust and a vulnerable individual.
- Forms of Sexual Abuse:
- Contact Abuse: Includes actions like unwanted touching, sexual assault, or rape.
- Non-Contact Abuse: Includes actions like indecent exposure, forcing someone to watch or participate in sexual acts, or sexual harassment.
- Victims and Perpetrators: Anyone can be a victim, regardless of gender, age, or background. Similarly, perpetrators can come from any demographic. Victims become survivors with the help of others.
Long-Term Impact
Sexual abuse can have profound psychological, emotional, and physical effects, including depression, anxiety, post-traumatic stress disorder (PTSD), and difficulties with trust and relationships.
If you or someone you know is affected by sexual abuse, reaching out to a trusted individual, counselor, or a support organization is critical. Many hotlines and resources are available to provide confidential help.
Consent
Consent, or lack thereof, is a critical part of sexual assault cases. Sexual assault is a criminal offense when the offender forces sexual conduct on someone against their will or the person is incapable of consent. Most states criminalize sex with minors under the age of fifteen, disabled people, someone who is mentally ill, or an incapacitated person – whether that be with drugs, alcohol or being unconscious.
Our understanding of consent has evolved over time. It does not simply mean saying yes. Silence in certain situations is not consent for example. Prior consent is not necessarily consent on a specific day. Some consent cannot be given, such as from a child to an adult.
A sexual abuse attorney explores the facts and history of each case.
Sexual Harassment
Sexual harassment is broader than sexual assault. A common form includes sexual coercion, where a person could say, “If you don’t sleep with me your grades will suffer.” Unwanted sexual attention includes unwanted touching, kissing, and even pressure for dates and sexual behavior.
For it to be considered unlawful they need to be considered unwelcome and unpleasant. Sexual harassment is believed by some to be the most common of them all. It includes the use of sexual terms, images, and bodily comments. It is usually sexist, where genders are put into categories where they are suited for stereotypical gender activities. Most forms of sexual harassment entail no sexual advance.
It is never the victim’s fault and for psychological and physical damages, justice and compensation need to exist. In some cases, it is necessary to bring not only legal action against the offender. Liability extends frequently to a third party due to premises liability or other theories of liability, including:
- Schools
- Nursing Homes
- Hospitals
- Hotels
- Restaurants
Examples of Sex Abuse (abuso sexual) in Schools – School Sexual Abuse Cases
We write about sex abuse in schools on our blog. We covered several cases. For example:
- DC Circuit Court sides with KBA Attorneys and allows claims against DC schools to continue
- Lawsuit against Concordia Prep School
- Towson’s Concordia Prep School ignored student’s reports of assault, harassment
- Second Concordia Prep School student files federal lawsuit
- Two more former Concordia Preparatory School students file federal lawsuits alleging the school ignored sexual assault complaints
Our sexual abuse attorneys sue schools when they knew or should have known of the sexual abuse going on within the school’s walls. We have taken horrible cases, including boy on boy anal penetration cases, and been willing to go to trial for survivors. Our sexual abuse lawyers are here to help.
Contact an Experienced Sexual Abuse Lawyer
The long-term effects of being sexually assaulted or abused will not be cured through a financial settlement. But a financial settlement may help victims with any medical bills that they may have. Receiving compensation from the person who hurt them also holds the perpetrator accountable and allows the victims to move further along their journey to heal. The sexual abuse victims lawyers at KBA Attorneys are ready to discuss your case with the empathy that you deserve. Contact KBA Attorneys to discuss your first steps in pursuing justice.