Lawsuit Update Center
On this page, we will look at how victims of sexual abuse or sexual assault can file civil lawsuits and get financial compensation. Thanks to new laws recently enacted in many states, victims of sexual abuse have a meaningful opportunity to seek justice. Victims of sexual abuse can file lawsuits not only against the person who abused them, but also against third parties such as schools, churches, or employers who negligently enabled the abuse to occur.
This page will explain how sexual abuse is defined for purposes of a civil lawsuit and who is potentially eligible to file a civil lawsuit for sexual abuse. Next, we will describe some of the different categories of sexual abuse lawsuits that are currently getting filed across the country, such as: school sex abuse lawsuits, juvenile detention center sex abuse lawsuits, doctor sex abuse lawsuits, clergy sex abuse, and more. Finally, we will discuss the potential settlement value of sexual abuse lawsuits and what factors drive the settlement payouts in these cases.
Our national sex abuse lawyers are accepting sex abuse lawsuits across the country. If you were a victim of abuse and think you might have a case, call us today at 888-322-3010 or contact us online.
What Counts as “Sexual Abuse”?
If you are thinking about filing a sexual abuse lawsuit, you might be wondering if what happened to you really qualifies as “sexual abuse” for legal purposes. What qualifies as sexual abuse is based on state law, however, the general definition of sexual abuse is essentially the same across the country.
In the context of a civil lawsuit, sexual abuse or assault is often referred to as sexual battery, and it can range from groping to forcible rape. Sexual abuse and sexual assault are defined as intentional touching or contact without the other person’s consent and for sexual gratification, arousal, or humiliation. So there are really 2 key elements that must be present to meet the legal definition of sexual abuse: (1) sexual touching or contact; and (2) lack of consent.
Sexual Touching: Sexual touching involves physical touching or contact with the sexual parts of the body that is done for the purposes of sexual gratification. The key to defining sexual touching is intent. There needs to be an “sexual” intent behind the touching. If you inadvertently grab a woman’s breast or vagina in a crowded elevator, or to catch them from falling, there is no intent, and it does not qualify as sexual touching.
Lack of Consent: The second element is the lack of consent. For intentional sexual touching to qualify as abuse or assault, it must be done without the consent of the party. Legally, minors under the age of 18 lack the capacity to consent to any sexual contact with an adult. So minors cannot give consent to sexual touching. Any sexual contact with a minor by an adult is automatically considered sexual battery.
So if a teacher has a sexual relationship with a 15-year-old student, that would be sexual battery even if the student willingly participated and consented. Legally, the 15-year-old did not have the capacity to consent to sexual contact with the adult teacher.
When Can You File a Civil Lawsuit for Sexual Abuse?
Anyone who was the victim of “sexual abuse” has the right to bring a civil lawsuit for sexual battery. The right to bring a civil lawsuit is not in any way dependent on whether the victim pressed criminal charges. Abuse victims can file a civil suit regardless of whether they reported the abuse to the police when it happened. It also doesn’t matter whether the abuser was convicted.
Victims can bring civil lawsuits for sexual abuse as long as they are presently willing to testify under oath about the facts of the alleged sexual abuse or assault. Other forms of evidence, such as medical records or fact testimony from other witnesses, can also support the victim’s testimony.
The evidentiary burden for proving sexual battery in a civil case is much lower than the burden in a criminal case. This means it is much easier for a plaintiff in a civil lawsuit to prove that the sexual abuse or assault occurred. So even if an abuser escapes criminal justice, they can still be held accountable in a civil court.
Holding Third Parties Liable in Sex Abuse Lawsuits
The primary defendant in any sexual battery lawsuit would be the person who committed the sexual assault. The problem with suing the abuser is that they might already be dead or in jail, and even if they are still around, they may not have money or financial resources to pay for any compensation awarded in the case. Going after the abuser only makes sense in a civil case if they are wealthy.
To get actual compensation in a sex abuse lawsuit, the plaintiff needs to go after a third party with deep pockets, like a church, school, or corporation. These parties can be held liable in a civil case if the plaintiff can show that their negligence somehow enabled the abuse to occur or to continue. Third parties in sex abuse lawsuits can also be held liable if they attempt to cover up abuse incidents afterward.
Let’s consider a typical example of how third parties can be liable for sex abuse in a civil case. Let’s say that a guard at a juvenile detention facility is sexually abusing boys who are inmates. Several victims file complaints, but the facility ignores them and allows the guard to continue his abuse. The victim can file a civil lawsuit against the detention facility (or the County that operates it) for negligently failing to investigate and protect them from abuse.
Similar theories of liability are frequently used to hold churches, schools, and organizations like the Boy Scouts liable in civil sexual assault cases. Below are some of the most common theories of legal liability against third parties in sex abuse cases:
Negligent Hiring: This theory asserts that the third party was negligent in screening the abuser before they hired them. So for example, let’s say a teacher sexually abuses a student. If the plaintiff can show that the school hired the teacher despite the fact that there were complaints about his conduct at his prior school, that would be evidence of negligent hiring.
Negligent Training / Supervision: This theory asserts that the third party was negligent in failing to property train the agent/employee or failing to property monitor and supervise them. Negligent training is usually not very effective in sex abuse cases. Its hard to argue that an employer has to give proper training to prevent employees from having sex with minors. Negligent supervision is a much more effective theory in sex abuse cases. If someone is working alone with young, vulnerable children, its pretty reasonable to say that there should be some level of supervision and monitoring.
Failure to Investigate: This theory is somewhat unique to sex abuse cases. It alleges that the employer was negligent in failing to property investigate and take appropriate action in response to prior complaints about sexual abuse by an employee. For example, let’s say there is a guard in a juvenile detention center who is accused of sexually abusing inmates. If administrators at the detention center previously received complaints about that guard sexually abusing inmates and failed to investigate them and take action, that would be evidence of negligence.
Expanded Statute of Limitations for Sex Abuse Cases
A statute of limitations is a legal deadline on how long a victim can wait before filing a civil lawsuit. Each state has its own statute of limitations deadline for sexual abuse cases. In recent years, a growing number of states have amended their SOL laws or passed new laws that significantly extend the deadline for filing civil lawsuit based on child sexual abuse. Some state have even eliminated their SOL deadlines on sex abuse lawsuits entirely.
28 states have extended the statute of limitations for filing a civil lawsuit for child sexual abuse. Maryland and a handful of other states have actually eliminated the statute of limitations on these claims entirely. This makes it possible for victims of childhood sex abuse to bring lawsuits years or even decades after the fact, when they are adults and better able to handle the emotional toll.
Common Types of Sexual Abuse Lawsuits
Below are summaries of some of the most common types or categories of civil sex abuse lawsuits that are being filed across the country. Most of these categories are defined by the type of third party defendant named in the lawsuit (e.g., school, church, etc.).
Church Sex Abuse Lawsuits
If a child was sexually abused by a priest, minister or other church member, they may be able to file a civil lawsuit against the church for negligence in failing to protect them. Church sex abuse lawsuit are usually based on theories of negligent hiring, or failure to investigate.
The increasing amount of evidence showing that church authorities knew about abuse and sought to cover it up has made the churches themselves become viable defendants in these cases. Most of the public attention and focus has been on sexual abuse claims involving the Roman Catholic Church. Although the Catholic Church has been the target of the largest number of sexual abuse lawsuits, clergy sexual abuse claims are not limited to catholic organizations.
Clergy sex abuse lawsuits have a very high potential settlement value. Over the last decade, the Catholic Church alone has paid out billions in settlement compensation to victims of sexual abuse.
Juvenile Detention Center Sex Abuse Lawsuits
Every state in the U.S. operates facilities for the detention of juvenile criminal offenders who have been sentenced to incarceration or are awaiting adjudication. Recent investigations have revealed the sad reality that juvenile inmates in these detention facilities are commonly subjected to sexual abuse and assault committed by staff members who are supposed to protect them.
The new laws in many states expanding the statute of limitations deadline for victims of child sexual abuse have made it possible for victims of sexual abuse in juvenile detention centers to file civil lawsuits. These lawsuits are usually filed against the state and state agency that operated the detention center.
Residential Treatment Center Sex Abuse Lawsuits
Residential treatment facilities (“RTFs”) are specialized, live-in healthcare centers designed to provide intensive, structured care for individuals facing serious emotional, behavioral, mental health, or substance abuse issues. RTFs have become very popular in recent years, offering inpatient mental and behavioral health services to residents, and often housing juveniles with state funding.
Recent investigations have revealed that sexual abuse in residential treatment centers is a widespread issue. The victims are often children, teens, or vulnerable adults who are already dealing with significant emotional or psychological challenges, making them easier targets for abuse.
This has sparked a growing wave of lawsuits involving sexual abuse at residential treatment centers. Many of these lawsuits are brought against private, for-profit companies that own and operate residential treatment facilities.
Doctor Sex Abuse Lawsuits
Doctors often take advantage of patients and sexually abuse them during exams under the guise of medical treatment. Victims of sexual abuse, assault or misconduct committed by a doctor or healthcare professional have the right to file civil lawsuit against that doctor and the hospital or healthcare company that they work for. Any sexual touching without a viable medical purpose can be considered sexual abuse by a doctor.
Settlement Value of Sex Abuse Lawsuits
The potential settlement value of a sex abuse lawsuit depends on various factors and circumstances that are case specific. Generally speaking, however, sex abuse lawsuits tend to have a high settlement value because of the emotional nature of the allegations. This is particularly true in cases involving child victims.
The calculation of sexual abuse settlement amounts is a complex and sensitive process that takes into account a number of different factors. There is no one-size-fits-all answer to how these settlements are valued. Every sex abuse case our law firm has handled is special and unique. But, generally, there are key factors that may influence the valuation of a sexual abuse settlement:
Defendant Resources:
The starting point for any settlement is whether the defendant has the financial means to pay—either through personal assets or insurance coverage. The settlement amount is largely dictated by this factor. If the defendant has substantial assets or insurance, settlements tend to be significantly higher. In cases where a third party, such as an institution, shares liability, the likelihood of a higher settlement increases. However, if the defendant is a family member with limited financial resources, securing a meaningful settlement can be challenging, if not impossible. Many victims struggle to find legal representation unless there is a financially viable defendant.
Severity of the Abuse:
The extent of the abuse plays a critical role in determining the settlement amount. This includes physical, emotional, and psychological harm suffered by the victim. Juries and courts often prioritize the severity of the abuse when awarding damages, making it one of the most significant factors in sex abuse settlement payouts.
Duration of the Abuse:
Abuse that occurs over an extended period generally results in higher settlements compared to isolated incidents. The prolonged nature of the harm intensifies its impact, which is reflected in the compensation awarded.
Victim Impact:
The settlement considers how the abuse has affected the victim’s life, including long-term emotional trauma, physical injuries, lost earning potential, and medical expenses. While it may seem harsh to quantify suffering in monetary terms, the reality is that greater harm typically results in a higher settlement amount.
Age of Victim:
Younger victims often receive higher settlements, as they are more vulnerable and have a longer lifespan during which they must cope with the consequences of the abuse. While there are exceptions, statistical trends indicate that younger victims typically secure larger settlements.
State Laws
Laws governing sexual abuse settlements vary by state and country. Local legal frameworks, statutes of limitations, and jury tendencies can significantly influence the final settlement amount.
Strength of the Evidence
The availability of concrete evidence—such as medical records, witness testimonies, and documentation—greatly impacts the potential settlement. Cases with strong evidence, particularly those involving a criminal conviction, are more likely to result in substantial payouts.
Sex Abuse Settlements and Verdicts
Here are examples of sexual assault lawsuits that resulted in verdicts and settlements favoring the plaintiffs. These cases provide insight into the potential range of settlement amounts and jury awards in such lawsuits.
$3,200,000 Settlement (Washington 2025): The plaintiff, claimed he was sexually abused by a teacher beginning in middle school and continuing through high school. The teacher systematically groomed him, taking advantage of his trust and vulnerability. Despite numerous warning signs, the school district ignored the teacher’s long-standing pattern of predatory behavior. It wasn’t until the plaintiff bravely reported the abuse to the police that the school was finally compelled to act.
$9,380,000 Settlement (Pennsylvania 2024): The plaintiff claimed that after being placed in a foster home she was sexually abused and trafficked by the son of her foster mother. She sued the state agency that placed her in the home alleging that it negligently failed to monitor her safety.
$4,800,000 Settlement (California 2024): A number of former female high school students alleged that the were sexually abused by their water polo coach. The lawsuits alleged that the school district was negligent in hiring the coach and then failing to properly monitor him and investigate allegations of misconduct.
$3,500,000 Settlement (Oregon 2024): A high school teacher sexually abused a group of female students over a period of several years. The victims sued the school district alleging that it negligently ignored complaints about the teacher and signs of abuse that should have prompted investigation.
$100,000 Settlement (West Virginia 2023): A group of former student claimed that they subjected to sexual abuse at a private school. The abuse was allegedly committed by clergy at the school and school administrators were accused of ignoring and even covering up complaints and allegations about the abuse.
$37,000,000 Verdict (Texas 2023): A women went to a work conference in Houston and stayed at the Hilton nearby. She was found passed out the next morning and hotel staff allowed a man to take her up to his room (claiming he was her boyfriend) where he sexually assaulted her. She sued the hotel for negligence.
$331,000 Verdict (New Jersey 2023): A local firefighter alleged used his status to sexually abuse a local girl over a 4 year period. She sued the municipal government that employed him alleging that in was negligent in failing to properly monitor and supervise him.
$10,100,000 Verdict (Florida 2023): A female passenger on a Carnival Cruise ship accused a crew member of sexual assault. The case was complex, as the plaintiff was heavily intoxicated and had engaged in a playful game of hide-and-seek, even inviting the crew member into a closet. The defense argued that the encounter was consensual, but the jury ruled with the understanding that flirtatious behavior does not imply consent.
$490,000,000 Settlement (Michigan 2022): More than 1,000 individuals, including former college football players, have accused former University of Michigan sports doctor Robert Anderson of sexual abuse and assault during routine medical examinations. The victims allege that the university failed to protect them from his predatory behavior. In response, the University of Michigan agreed to a $490 million settlement to resolve the lawsuits.
Contact Our National Sex Abuse Lawyers
If you have been the victim of sexual abuse, contact our national sex abuse lawyers today to see if you have a case. Call us today at 888-322-3010 or contact us online.
