The civil legal system provides recourse for abuse victims to both recover compensation to rebuild their lives, and to hold perpetrators accountable. Taking action against abusers or the institutions that protect them may help prevent others from being victimized in the future.
The civil legal system resolves disputes between parties through lawsuits. In most cases, you will seek damages and even changes to the church’s structure or governance to get justice for your sexual assault injury.
In a typical case, your sexual assault attorney may begin the process by sending a letter to the church outlining your accusations and identifying your demands. The church’s leadership will pass the letter to their lawyers and insurers.
Occasionally, the church will do the right thing and attempt to resolve the case. If the case is not resolved pre-suit you will need to file a lawsuit. A lawsuit places strict deadlines on both parties. It also allows you and your sexual assault lawyer to gather evidence from the church.
Your lawyer will use this evidence to fight for you. The lawyer will present this evidence to a jury. If you and your lawyer prove your case by a preponderance of the evidence, the jury will award you damages.
A civil suit can give you the ability to regain your voice. Melissa Hague has built her practice around listening to stories from church abuse victims. She believes her clients and fights for justice on their behalf. Schedule your free, confidential consultation today.
Getting Damages for a Sexual Assault Injury
You can recover damages from any person or entity that breached its legal duties to you. A civil lawsuit can give you the compensation you need to help manage the effects of the emotional trauma. It can also push the church to make the changes necessary to protect future generations.
Time Limits for Civil Lawsuits
A “statute of limitations” can place time limits on the filing of civil lawsuits in Pennsylvania, but there are many elements involved in determining what that time limit is. The considerations may include the victim’s age when the abuse occurred, the victim’s age at the time of the lawsuit, and numerous other factors.
You should contact a sexual assault attorney as soon as possible upon deciding that you want to pursue a civil lawsuit. The lawyer will analyze your circumstances and make sure you comply with any statutes of limitations in your case.
Legal Theories for Recovering Damages
Your legal claim may extend beyond the individual abuser. Institutions like churches often have safeguards in place to prevent abuse—and when those safeguards fail, the institution may also bear responsibility. Depending on the specifics of your situation, your case may involve claims against:
- The abuser
- The abuser’s supervisor
- The church
- Other church members
To pursue justice, your attorney may rely on one or more legal theories:
Battery
This applies to any offensive or harmful physical contact.
Assault
This involves causing someone to fear imminent harmful contact.
False Imprisonment
This claim arises when someone is wrongfully confined without consent.
Intentional Infliction of Emotional Distress
This occurs when someone acts outrageously, causing emotional trauma.
Negligence
Negligence refers to a failure to exercise reasonable care that results in harm. In cases of institutional abuse, negligence claims often target those who enabled the abuse through:
- Negligent hiring and retention
- Negligent supervision
- Negligent investigation of abuse
Even when it’s unclear whether the institution’s failure was deliberate or careless, a negligence claim allows you to move forward without proving intent.
Negligent Infliction of Emotional Distress
This occurs when emotional harm results from negligent conduct, such as a church failing to protect you from foreseeable abuse.
Amount of Damages Recoverable
In a church abuse case, you can recover damages for:
- Medical bills for physical, mental, and emotional injuries
- Lost income due to your injuries
- Diminished earning capacity from long-term disabilities
- Physical pain
- Mental anguish
- Reduced enjoyment of life
Calculated over your lifetime, you could suffer considerable damages. These damages would justify your sexual assault lawyer seeking substantial compensation in your case.
Hiring a Sexual Assault Attorney
Sexual assault lawyers are dedicated and skilled lawyers with the compassion and experience to fight on behalf of survivors. Most sexual assault attorneys offer a free consultation to review your case.
To schedule your confidential consultation with a lawyer prepared to fight for you, contact Melissa Hague today.
