It is possible to pursue legal action related to a sexual abuse case outside
of the criminal justice system, in civil court. Victims of sexual abuse
can file a claim against perpetrators and liable third parties to recover
compensation for damages such as medical bills, and non-economic costs
like pain and suffering. Contact Katz Kantor Stonestreet & Buckner,
PLLC and speak with our sexual abuse attorneys in Princeton if you are
interested in filing a civil claim.
To schedule a free consultation with our legal team, call (304) 713-2014
or complete our contact form.
What is Considered Sexual Abuse?
Sexual abuse claims can center on a variety of cases, as the term “sexual
abuse” constitutes a range of situations. Any nonconsensual sexual
advance could be considered as sexual assault, and potentially viable
as a civil claim. This includes cases involving manipulation, coercion,
and emotional abuse, as well as cases of physical force.
Sexual abuse claims can be filed concerning instances of unwanted sexual
advances. A claim may focus on cases such as:
- Rape
- Exploitation
- Molestation
- Intimate partner violence
How are Civil Sexual Abuse Claims Different from Criminal Cases?
Sexual abuse claims that are filed in civil court allow victims to achieve
a form of justice that may not be available through criminal proceedings,
in the form of compensation. Whereas criminal cases intend to punish sexual
abuse offenders for violating a law, the purpose of a civil claim is to
reimburse a victim for economic and non-economic damages.
Who is Liable for Damages in Civil Sexual Abuse Claims?
In civil cases, parties other than the offender could be liable for sexual
abuse. A business, residence, or other entity could be held responsible
if oversight in their security measures (such as inadequate lighting or
insufficient locks) contributed to a sexual abuse case. In cases involving
someone with a history of abusive behavior, an entity could be liable
for hiring a person known to be dangerous. An apartment complex or other
living space could be held liable for sexual abuse damages if they fail
to perform adequate background checks or rent a residence to a known sex offender.
An institution may also be liable in a sexual abuse case if their process
of investigating a sexual assault on their premises (or failure to do
so) contributed to further damages. This may include situations in which
sexual abuse is able to continue because an organization does not interfere
in a known case.
Institutions such as the following could be held liable for sexual abuse
that occurs on their premises:
- Schools
- Churches
- Apartment complexes
- Nursing homes
- Workplaces
- Businesses
Sexual Abuse in West Virginia Statistics
According to data from the
West Virginia Foundation for Rape Information and Services (FRIS), 82% of sexual assaults in the state are committed by a person the victim
knows, primarily acquaintances. Seventy percent of sexual abuse cases
in West Virginia occurred in a residence. A majority of 64.8% of victims
were under the age of 18 at the time abuse occurred.
Nationally, 63% of sexual assaults are committed by acquaintances of the
victim. Teens between the ages of 16 and 19 are “4 times more likely
to be victims of rape than the general population.”
Contact Us for a Free Consultation
At Katz Kantor Stonestreet & Buckner, PLLC, our legal team is dedicated
to helping the victims of sexual abuse recover justice. We can evaluate
your case to identify all liable parties and hold them accountable for
their negligence.
Schedule a no-cost case evaluation with our Princeton sexual abuse attorneys
if you are interested in filing a claim — send us a messageor call (304) 713-2014 to get started.
