Cases of child sexual abuse are rampant in different societies and are a cause for great concern. In some cases, the perpetrators are unknown assailants, while trusted relatives can also be primary offenders. Child sexual abuse is a serious offense, and the perpetrator should face justice. Read on to learn the legal options available when your child is sexually abused.
Report to the Police
Child sexual abuse is a punishable offense, and it should be reported to the police immediately so that they can arrest the perpetrator or carry out investigations. However, there is a certain legal age of sexual consent, and people belonging to this age group are vulnerable and protected by the law. Sexual assault involves kissing, touching, vaginal, anal, or oral penetration. Child sexual assault can be perpetrated by guardians, strangers, or even family members, and any child can be a victim. Therefore, it is essential to report the case of sexual abuse to child protective services or police.
Contact Your Attorney
The laws vary in different states and continue to evolve. Therefore, it is crucial to consult your lawyer if you have reasonable grounds to suspect your child was abused. Your attorney will help you with ongoing investigations to establish what transpired so that the victim gets justice, especially if your child has been reportedly abused at a facility like a nursing home or a hospital. Additionally, your lawyer can also help you understand the different legal processes involved in child sexual assault cases. Some cases of abuse often go unreported, or the caregivers report late, which can complicate investigations. This is where your attorney comes in handy to investigate everything until they get the necessary evidence that can help them file a lawsuit.
Some statutes related to child sexual assault cases are not easy for ordinary people to understand. Before filing a lawsuit to the court, the lawyer should assess and provide sound legal advice to the complainant to increase the chances of winning the desired damages.
File a Lawsuit
With the assistance of your lawyer, you have the right to file a lawsuit to get civil damages for the wrongful act, or it is considered a criminal case. There is a time limit for you to file a lawsuit, and your lawyer will explain everything to you. There are:
Criminal Cases
Criminal cases are determined by penal codes that may vary in different states. If convicted, the perpetrator can get a prison sentence, and may also have to pay a fine. The victim of sexual abuse can qualify for financial assistance. You should know that the time to press charges in a criminal case is limited. However, if the case was never reported to the police, and you report it later for the first time, the statute of limitations can be extended to permit criminal prosecution.
Civil Lawsuit
If you want to file a civil lawsuit against the offender, you should take note of all the requirements that will give your suit credibility. You should have evidence that warrants merit to your case for the perpetrator to appear in court following a civil lawsuit. In a civil lawsuit, the complainant asks the court to award the victim of sexual abuse damages in the form of money for pain and suffering, therapy, and punitive damages.
Punitive damages are also meant to deter would-be offenders from committing similar crimes. However, most civil suits are settled before they reach the court if the defendant is cooperative and shows remorse for the wrongful act. Some parties settle before a claim is filed to avoid court procedures. The amount agreed on depends on the extent of damage caused by the assault.
Depending on the nature of the case of child sexual assault, you can also sue other parties apart from the perpetrator. For instance, if a sexual assault case happens at a school, business center, workplace, or other organizations, you can sue them for negligence. Learning institutions will face liability for failing to protect the young and vulnerable members from sexual abuse by a responsible person with a position of authority. Schools and other related centers have a duty of care to protect young children against any form of harm. Each institution is responsible for screening the employees to avoid such lawsuits.
The bottom line is that any form of child sexual abuse is a serious crime since children below the legal age of consent cannot make any decision toward sexual activity. The parent of the child or caregiver should immediately report the case of sexual assault to the police or child protection services. You also have the right to file a lawsuit for civil damages or report a criminal case. A civil case aims to correct the wrongful act while at the same time compensating the survivor of sexual abuse and criminal suits can see that the perpetrator is imprisoned and unable to harm any other children.
WRITTEN BY
Daria Brown