Fighting Back After Sex Abuse
Victims of sexual abuse can file civil lawsuits against their abusers using the appropriate causes of action, including assault and battery, emotional distress, and others. Parents and caregivers can also file complaints for the emotional, monetary, and other harms they have suffered as a consequence of the abuse against the child (for more info: [dcl=6646]).
Lawyers handling sexual abuse cases will look for the most appropriate legal theories that fit the facts of the case to ensure that civil and criminal charges are filed against the abuser. The law allows for flexibility in determining causes of action, especially in abuse cases, to ensure that the wrong done is punished and the abuser does not escape liability, even if the wrongful actions do not fit conventional legal molds. A successful lawsuit can result in the awarding of monetary damages to compensate for the physical and emotional injuries suffered by the victim.
It is often easier to successfully pursue a civil claim for damages if the abuser has already been convicted for the same acts in a criminal trial. However, even if there was no criminal conviction, a civil claim for damages may still be awarded to the victim if it is shown that the abuser more likely than not committed the abuse.
The law also provides recourse for victims of abuse who do not want to file charges against their abusers. These could be in the form of civil protective orders, no contact orders, or injunction to keep the abuser from making any further contact with the victim.