The thought of taking legal action against a sexual abuser can be overwhelming.
Everything about the legal system is confusing, intimidating, and convoluted. But here’s a little-known secret:
Legal options for sexual abuse survivors have never been greater.
A slew of law changes over the past several years have opened new avenues of accountability for perpetrators. Extensions to statutes of limitations. New theories of liability that broaden who can be sued. Expansion of legal protections for victims.
Only 310 out of every 1,000 sexual assaults are reported to police. The majority of survivors never see their abuser held accountable in court.
Criminal prosecution is not the only way to take legal action.
Survivors who work with knowledgeable attorneys like Kayla Onder, who specialize in the legal options available to survivors of sexual abuse, can have a significant advantage in understanding the landscape of legal action that is available.
Here’s what people often misunderstand when it comes to legal options.
Summary
- Civil vs. Criminal: What’s the Real Difference?
- Statute of Limitations: Time Limits and How They’ve Changed
- Holding Institutions Accountable: Making Schools and Churches Pay
- Affording a Lawsuit: The Financial Reality of Legal Action
Civil vs. Criminal: What’s the Real Difference?
Let’s break this down.
Criminal cases are filed and prosecuted by the government. The prosecutor decides whether to charge an individual. The goal is punishment.
In a criminal case, the survivor is a witness in the state’s case against the perpetrator.
Civil cases are different.
In a civil lawsuit, the survivor is the one making the decision whether to file suit, who their attorney will be, and when action will be taken. A civil case is not about punishment but rather compensation.
The questions criminal court seeks to answer are “Did this individual break the law?” Civil cases answer “How much should this person pay for the damages they have caused?”
Criminal cases require the prosecutor to prove guilt beyond a reasonable doubt. This is a very high bar. Civil cases only require a preponderance of the evidence (more likely than not) that abuse took place.
That’s a big difference.
Many survivors win civil cases when criminal prosecution does not happen. Some survivors choose both paths. Some skip criminal prosecution entirely.
Statute of Limitations: Time Limits and How They’ve Changed
This might shock you.
For years, survivors were given just a few years to file civil lawsuits. Miss that window? Tough luck.
Ridiculous.
Survivor trauma doesn’t operate on a set timeline. Abuse memories can be suppressed for decades. The connections between psychological trauma and abuse can take survivors years to recognize.
States have been working overtime to change these archaic time limits.
California: no time limit for childhood sexual abuse lawsuits as of January 1, 2024
New York: survivors can sue until age 55
Hawaii: expanded statute of limitations deadlines to 32 years after victim’s 18th birthday
Here’s the problem – laws are all over the map by state.
Some states enacted temporary “lookback windows” which allow survivors to file lawsuits even if normal deadlines have passed.
The upshot? Don’t assume it’s too late. Laws are changing all the time. Opportunities that didn’t exist a few years ago are becoming available.
Holding Institutions Accountable: Making Schools and Churches Pay
Here’s one of the most powerful features of civil lawsuits:
Survivors can take legal action against the institutions that facilitated the abuse.
Schools that dismissed warning signs. Churches that actively covered up abuse. Youth groups that ignored to do criminal background checks. Hospitals that failed to supervise employees.
Institutions almost always have deeper pockets than individual perpetrators. They have insurance. Assets. Legal obligations to care for the safety of the people in their custody.
Institutions can be held financially liable when they violate that obligation to provide care.
Recent settlements have demonstrated the power of this:
Los Angeles Archdiocese: $880 million settlement for over 1,350 survivors
Federal Bureau of Prisons: $115 million for over 100 women
Systemic failures being made to account through legal action.
The Financial Reality of Legal Action
Money. Money matters.
Let’s talk cost.
How much does a lawsuit cost? For most sexual abuse survivors, the answer is not nearly as much as you think.
Sexual abuse attorneys often work on contingency. No upfront costs. No hourly rates. The lawyer only gets paid if you win or settle the case.
This makes legal action affordable even if the hourly rates are substantial.
What about potential settlements? How much can you win?
Civil settlements can provide compensation for:
- Medical costs for therapy, treatment, medication
- Lost wages, future earning potential
- Pain and suffering
- Punitive damages
Ranges are extremely wide. Some cases settle for tens of thousands. Others reach millions. All depends on the severity of the abuse, impact on your life, and the financial capacity of defendants to pay.
But here’s the thing: 98.8% of sexual abuse offenders are sentenced to prison when successfully prosecuted. But many cases don’t reach criminal court.
Civil action offers an alternative path.
Protection Orders: Immediate Safety Measures
This is important: Sometimes you need protection now.
Civil protection orders are temporary injunctions granted quickly, sometimes within days. Protection orders can:
- Ban the abuser from contacting you
- Bar the abuser from coming near your home, workplace, school
- Grant temporary child custody to you
- Order abuser to surrender firearms
The process is fast and much less involved than filing a lawsuit. No need to wait for criminal charges.
The drawback? Protection orders are pieces of paper. They only work if properly enforced.
Educational Institution Complaints
Sexual abuse that takes place on school grounds opens up another avenue of legal action.
Universities and K-12 schools are required to investigate sexual assault allegations by federal law. The process is much faster than the court system. Most cases are resolved within months.
Sanctions can include:
- Suspension/expulsion of student abusers
- Employee termination
- On-campus no-contact orders
- Academic accommodations for survivors
But there are limits. Schools can’t send people to prison. Schools can’t order anyone to pay money.
Getting Started: First Steps
Confused? Don’t sweat it.
Here are the first steps to take.
Start documenting all the information you can. Write down dates, locations, other people who were present, any evidence you still have. Perfect records aren’t necessary. Trauma impacts memory.
Talk with a counselor or therapist. This is as much to support your healing as it is to create a record of the psychological impact.
Look into attorneys who specialize in sexual abuse cases. Most offer free consultations.
Connect with survivor support organizations for emotional support and practical guidance.
Remember: take the time you need to understand your options and get support before making decisions.
Bottom Line: Taking Control
Sexual abuse survivors have more legal options available than at any other time in history.
Criminal prosecution. Civil lawsuits. Protection orders. Educational institution complaints. Many paths with different advantages and disadvantages.
The key is knowing what is available and choosing what is best for your situation.
Survivors take different routes. Some survivors pursue multiple avenues. Some survivors choose one path. Some survivors decide legal action isn’t the right course.
All of these decisions are valid.
The important thing is that the choice is up to the survivor. The legal system is finally catching up to the reality that survivors deserve time, options, and control.
Laws are still changing. Statutes of limitations are still extending. New theories of liability are still being tested in the courts.
Change is happening. Opening up new opportunities for justice that didn’t exist five years ago.
The road will not be easy. But for some survivors, the process of taking legal action against abusers can be an important part of their healing journey.
Just remember: you’re not alone. Professional support is available. The system has more paths forward than many people realize.