Understanding Liability in Cases of Sexual Abuse

Justice in the cases of sexual abuse survivors is critical. In some cases, however, finding out precisely who the liable party is can be tricky and requires a nuanced approach. It may not just be a matter of who physically perpetrated the crime; instead, it may become a matter of who holds liability in a particular setting or premises. 

Even though a survivor of abuse may be able to identify their abuser, other parties may hold some accountability for the abuse. It is critical to understand how liability works in cases of sexual assault and abuse so that justice can be fully met. 

What Types of Liability Apply

There are several ways liability can be determined in cases of sex abuse. They each carry their own role in abuse and are weighted within the legal system according to their responsibility. 

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Individual Perpetrators

When people think of sex abuse cases, they often picture a single perpetrator committing an act of sexual assault. These are the most straightforward cases to determine liability because one party is responsible. 

In most cases, a plaintiff has up to two years from the date of the incident to file claims against the defendant. The only notable exception to this rule is if the survivor was a minor at the time of their abuse. In those cases, the plaintiff has up to ten years from when they turn 18 or after determining that the cause of their injuries was related to their trauma. 

Institutional Perpetrators

In certain cases, the abuser is not the only person that is held liable for an abusive act. There have been a few famous case examples where institutions have been held accountable for the acts of an individual from within it, including the Catholic Church. 

In these cases, not only is the abuser held accountable, but damages can sometimes be sought against the overseeing institution responsible for the abuse. These types of cases are often filed on behalf of children as they mostly work within the confines of institutional hierarchies, including:

• Church
• School
• Summer camp
• Sports teams
• Daycare/after school care 
• Juvenile detention centers
• And others

In each of these kinds of places, children are put into positions where adults or older peers have authority over their actions in some form or another. 

It is not only children who suffer from institutional sexual misconduct, however. One of the most common instances of sexual abuse takes place in work dynamics. Around 40% of women say they have been sexually harassed at work with studies showing that 7% of women report being survivors of sexual assault at work. 

Workplace sex abuse is a prevalent issue for women and men, and if a company, for example, is aware they have a manager or executive who perpetrates these abuses and does nothing, then they may be held liable in part for the abuse. 

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Fiduciary Perpetrators

A fiduciary is an individual involved in a trusted bond with another. Fiduciaries can work as part of a financial arrangement or a professional one, and, unfortunately, sometimes this trust is physically violated. Both adults and minors can be abused by a fiduciary. Some examples of positions that act as a fiduciary include

• Doctor/other health care providers
• Therapist/counselor
• Attorney
• Teacher
• And others

When one of these individuals acts as an abuser, not only can they be held liable for sexual abuse but also for a professional breach or breach of ethics since they violated the bond of their professionalism.  

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Need to File a Sex Abuse Lawsuit? Van Law Firm Can Help You Determine Liability

If you or someone you love is a survivor of sexual assault or abuse, you need to seek professional advice to determine the full liability of all parties responsible for your abuse. You may have a case that deserves more compensation. The highly-rated legal team at Van Law Firm is ready and available to answer all of your liability questions.

When you retain our firm, you get access to experienced attorneys who will treat your case with the utmost respect and take your claims seriously. We’ll work with you every step of the way, and all of our consultations are free. 

Call Van Law Firm today, and we can get you started. Our staff will work to earn you fair compensation for your trauma and help get justice for you. Let us fight for justice for your case so that you can focus on healing.