Sexual Abuse of Children

HOW TO TAKE ACTION

If you suspect your child was abused, the abuse needs to be reported to DHS and law enforcement. You do not need to investigate it, there are professional child abuse investigators who can do that job. These entities should investigate and may engage the criminal legal system to take action.Many victims find the criminal legal system frustrating. The goal of a criminal case is to punish those guilty of a crime. The system has protection for the rights of the criminal, but there are only limited protections for the rights of the victim. In a criminal case, the victim is considered a witness and not a party. This means they have limited input into the outcome of the case. However, that is not the only legal remedy available for the survivor.
Our society has a dual legal system – criminal and civil. A civil lawsuit is very different than the criminal process. The key difference between these two types of cases is the outcome.

• In a criminal case, the outcome is punishment of the perpetrator.
• In a civil case, the outcome is restitution to the victim, usually, financial compensation.

The District Attorney who pursues the criminal case is unlikely to explain to victims that they have legal rights in the civil system, what those rights are and how to enforce those legal rights in civil court.

At Koller Trial Law, we sue sexual predators and those who enable sexual predators to commit their crimes. Even if the perpetrator is not criminally held responsible, they can be held financially responsible. While no damage award can undo the debilitating effects of such abuse, pursuing compensation can aid in the recovery process.

In some cases of child sex abuse, the creation of images or photos is another element of the abuse. Child pornography is a crime. It also can give rise to a civil lawsuit. Federal and state law makes child pornography a crime. But it also gives victims the ability to pursue and hold accountable the perpetrators of this crime. Creators, distributors and possessors of child pornography can be held liable and required to pay money damages.

KNOW YOUR RIGHTS

A victim may sue the criminal perpetrator but may also sue any person or organization that enabled the criminal.

Possible types of people and organizations who may be sued include:

• Perpetrator
• Perpetrator’s estate
• Perpetrator’s family
• Daycares
• Teachers
• Schools
• Coaches
• Pastors and priests
• Churches
• Sports clubs
• Youth clubs such as Boy Scouts and Girl Scouts
• Family members
• Group homes
• Medical providers
• Medical Facilities
  

As far as damages, there are a number of types that can be raised, including medical expenses, emotional distress, lost wages, physical injury, punitive damages, and others.

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