Can You File a Lawsuit for Childhood Sexual Abuse as an Adult?

Published on August 20, 2024, by Forbes Law Offices | Sexual Abuse Cases

Can you file a lawsuit for childhood sexual abuse as an adult?

One of the most challenging matters that courts have to deal with is sexual abuse. That issue is especially compounded when the victims of that abuse are children. According to data collected by West Virginia Foundation for Rape Information and Services (FRIS), 64% of the victims of sexual abuse in the state are juveniles under the age of 18.

Sadly, not all of these instances of abuse are reported. There are many reasons why these acts go unreported. FRIS also finds that 82% of sexual assaults are committed by someone the victim knows. That can bring up many issues, especially if a family member is concerned. Part of the healing process can be found by bringing a lawsuit against the abuser. That begins with the issue of whether you can file a lawsuit for childhood sexual abuse as an adult.

As far as the legal system is concerned, there are two different paths for adjudicating incidents of sexual abuse. The first is through criminal prosecution. In West Virginia, there is no statute of limitations for bringing criminal charges against someone who allegedly committed acts of sexual abuse. As an example, this case reported on by WSAZ details the arrest of a former gym coach and alleges incidents of abuse dating back to 2003.

With regard to bringing a civil lawsuit against an alleged abuser, there are limits. In West Virginia, a victim of sexual abuse who was under the age of 18 when the abuse occurred has until they are 36 to bring the suit per West Virginia Code §55-2-15. A victim over the age of 18 has only two years to file their lawsuit.

An exception applies to the “discovery” of the abuse. In other words, a victim might have a repressed memory that is discovered later in life. If that happens, then they have four years from the date of the discovery to file a lawsuit.

Defining Abuse

Before a lawsuit can be filed in a sexual abuse case, it has to be clear that the abuse happened. The West Virginia Legislature defines first-degree sexual abuse in the following way:

“(a) A person is guilty of sexual abuse in the first degree when: (1) Such person subjects another person to sexual contact without their consent, and the lack of consent results from forcible compulsion; or (2) Such person subjects another person to sexual contact who is physically helpless; or (3) Such person, being fourteen years old or more, subjects another person to sexual contact who is younger than twelve years old.”

There are additional degrees of sexual abuse as it applies to the possible charges that an alleged abuser can be arrested for.

Filing Suit

A victim of sexual abuse can file a lawsuit against their alleged abuser even if that abuser has not been arrested. A person could be found not guilty of the sexual abuse charges and still have a lawsuit filed against them as a civil matter.

If a lawsuit is filed, it will mean gathering evidence such as medical records or any official police complaints. One of the most critical pieces of evidence in this type of lawsuit will be the victim’s testimony. They will have to recount what happened to them in a deposition and later as a witness in the trial. Although a defendant does not have to testify, the victim will most likely need to go through the details of the abuse. That can prove to be emotionally challenging, but with the right legal team offering support, the victim will be able to provide that testimony.

In some sexual abuse cases, there could be third parties named in the lawsuit. These would be the people or organizations that could reasonably be found negligent in an alleged abuse. For instance, if a minor reported an incident to the staff of an organization but the organization failed to act, that organization could be held liable for past and future acts.

Here are some examples of third parties that could be named in a sexual abuse lawsuit:

  • Churches
  • Schools
  • Youth organizations
  • Gyms
  • Dance studios
  • Summer camps

These third parties can also be held liable in the sexual abuse lawsuit if they tried to cover up the alleged abuse or did not adequately conduct background checks for their employees.

Getting the Right Help

When a victim of sexual abuse steps forward, they are being courageous and will face many challenges ahead. The team at the Forbes Law Offices understands the nature of these cases. We have worked with many victims of this form of abuse to help them find that closure.

If you or a family member has been sexually abused in West Virginia, you can set up a free consultation to discuss what happened. We will provide discreet counsel to help you decide on the best course of action.