Sex Abuse Lawsuits

Civil sexual abuse lawsuits against third parties such as churches and schools have been on the rise across the country in the last few years. On this page, we will explain the legal basis for these sex abuse negligence lawsuits and look at their average settlement value.

The national sex abuse lawyers at Miller & Zois are accepting sexual abuse and assault cases in all 50 states. Contact us at 888-322-3010 or contact us online for a free case evaluation.

How is Sex Abuse Defined

For purposes of a civil lawsuit, sexual abuse and sexual assault have the same definition in most states as they do in the criminal law context. Legally, sexual abuse or assault is defined as intentional sexual contact or touching (either directly or through clothing) of the intimate parts of another person for the express purpose of gratifying the abuser or degrading the victim. This definition covers everything from forcible rape to groping.

The hallmark that defines all types and categories of sexual abuse or assault is the lack of consent. In the absence of consent, any form of sexual contact is actionable as sexual abuse or assault. Minors (under the age of 18) lack the legal capacity to give consent to sexual contact. Therefore, any intentional sexual contact by an adult with a minor is necessarily considered sexual abuse.

Holding Third Parties Liable in Sex Abuse Lawsuits

The primary and most direct defendant in a sex abuse civil lawsuit is always the person who committed the abuse. The problem is that in most cases suing the individual abuser won’t get you anything because they won’t have money to pay any verdict or settlement (unless the individual is someone very wealthy like Harvey Weinstein or Donald Trump).

The best way to get money in a civil lawsuit for sexual abuse is to sue a third party for negligence in connection with the abuse. Common examples of third parties who can be sued in sex abuse lawsuits include schools, youth organizations (e.g., Boy Scouts), gyms, etc. These parties can be held liable in a civil case if the plaintiff can show that they their negligence somehow enabled the abuse to occur or to continue. Third parties in sex abuse lawsuits can also be held liable if they attempted to cover up abuse incidents after the fact.

Let’s consider a very typical example of how third parties can be held liable for sex abuse. Let’s say that a guard at a juvenile detention facility is sexually abusing inmates. Several of these victims file complaints, but the facility basically ignores them and allows the guard to continue his abuse. The victim can file a civil lawsuit against the detention facility (or the state agency that operates it) for negligently failing to investigate and protect them from abuse. Another example would be if a teacher at a school sexually abuses a student. The student could sue the school for negligent hiring and retention.

Settlement Value of Sex Abuse Lawsuits

Good sex abuse negligence cases against third party defendants like schools or a churches tend to have a fairly high settlement value. Many of these cases settle result in settlements in excess of $1 million.

Why? There are a number of reasons and factors that tend to drive the settlement value of these cases. One of the overarching factors, however, is that sex abuse cases (particularly those involving sexual abuse of a child) tend to be emotionally charged. This makes it very risky to go to trial which pushes up the settlement value.

Below of some of the various factors or circumstances that usually play a key role in determining the settlement value of a sexual abuse case:

Deep Pocket Defendant: The settlement amount in abuse cases is often determined by the defendant’s financial capacity, whether through personal assets or insurance coverage. A defendant with significant assets or insurance often results in higher average settlement amounts. In many cases, the involvement of a third party—such as an institution or organization also deemed responsible for the abuse—can significantly impact the settlement’s potential value. However, if the defendant is a family member with limited resources, obtaining a reasonable settlement can be far more challenging, sometimes even impossible. In those types of cases, the average payout may be minimal.

Severity of Abuse: The level of harm caused by the abuse—whether physical, emotional, or psychological—plays a critical role in determining settlement amounts. Severe abuse generally leads to higher payouts, as this is often the primary factor juries focus on when awarding compensation.

Impact on Victim: Anoth big factor in every case is how the sexual abuse impacted the victim’s life and well-being, including any physical or emotional scars, lost earning potential, and medical expenses. The more significantly the victim was damaged or affected by what happened, the higher the sexual abuse settlement amount, all things being equal.

Duration of Abuse: When the sexual abuse took place over a long period of time (e.g., several years) it will usually increase the potential settlement value. Abuse lasting for longer durations is usually more severe and damaging.

Age of Victim: The younger the plaintiff was at the time of the abuse the higher the settlement value will be. Younger victims are more vulnerable and the abuse tends to be more damaging.

Evidence:  Evidence such as medical records, witness statements, and other documentation substantiating the victims testimony about the abuse can also impact the settlement amount. The more substantial the evidence, particularly a criminal conviction, the more likely the victim will receive a higher settlement.

Contact Us About Sex Abuse Lawsuits

If you have been the victim of sexual abuse, contact the sex abuse lawyers at Miller & Zois today at 888-322-3010 on contact us online.