Criminal Child Sexual Abuse Case Vs. Civil Lawsuit
Criminal child sexual abuse case vs. Civil lawsuit. Child sexual abuse is a significant problem in the United States. According to national data provided by the National Children’s Alliance, more than 600,000 children per year in the U.S. are victims of sexual abuse. While that number seems high, it is likely lower than the actual number of children who were abused by an adult due to underreporting. Unfortunately, many cases of child sexual abuse do not get reported. Laws are in place to govern child sexual abuse and molestation, along with other forms of neglect and abuse.
If you or someone you know was the victim of sexual abuse in California, the California child sexual abuse attorney at Beck Law P.C. provides legal advice and representation.
Criminal Child Sexual Abuse Cases
Criminal child sexual abuse. Child sexual abuse is a crime. A perpetrator can be arrested and charged with a misdemeanor or felony for a variety of crimes against children. Child sexual abuse is a form of child abuse. Child molestation laws make it a crime for an adult to engage in a sexually explicit act with a minor. A minor is a child under the age of 18. Some of the specific acts that are illegal include committing lewd acts, performing oral copulation, engaging in sexual acts, and engaging in continuous sexual acts, among others. Criminal charges and convictions are largely separate from civil lawsuits.
Filing a Civil Lawsuit for Child Sexual Abuse Victims
The perpetrator of child sexual abuse may be held civilly liable for their actions. The perpetrator could be required to pay for damages that were incurred due to their harmful acts. In addition to the perpetrator, others may also be held liable in civil lawsuits. Sometimes, a school district or administrator, religious organization, daycare facility, youth organization, government, or others could be held responsible because of their knowledge or failure to act if they were aware of the occurrence of sexual abuse in their facility or organization.
Proving a Civil Child Sexual Abuse Claim
The victim may file a lawsuit against the party or parties who allegedly committed the crime, as well as those who covered it up or failed to report the incident. To prove your claim of abuse, you will need to gather evidence in the case. In a civil case, you must provide proof beyond a preponderance of evidence. You will need to prove that abuse occurred, that the party caused the abuse or failed to prevent it, and that the victim suffered harm as a result. An experienced child sexual abuse attorney will assist you with your case and help obtain the evidence that is necessary.
How Long Do I Have to File a Civil Lawsuit?
Many times, victims of child sexual abuse do not come forward until they are adults. For this reason, the law allows a victim to file a lawsuit until they reach the age of 28. This is true regardless of how old you were when the abuse happened. However, the longer you wait to file a claim, the more difficult it can be to prove the elements of your case. A knowledgeable attorney will guide you through the process and help you seek justice for the harm that was done to you as a child.
If you are the victim of child sexual abuse, don’t delay. If the abuse happened near San Diego, San Francisco, Los Angeles, or anywhere in California, contact our California child sex abuse lawyer at Beck Law today at (707) 576-7175 to schedule a confidential consultation.
