Trigger Warning: The following content may be upsetting for individuals or loved ones of those who have experienced sexual abuse or assault. If you experience physical or emotional distress while reading this content, please reach out to the National Sexual Assault Hotline at (888) 656-4673 for support.
Understanding Child Sexual Abuse
There are very high emotional stakes for incidents of sexual abuse that involve a child. Every instance of childhood sexual abuse, assault or molestation is a serious violation that can be punishable by law.
Child sexual abuse is a widespread problem in the United States. According to RAINN (Rape, Abuse & Incest National Network), the nation’s largest anti-sexual violence organization, children and teens under the age of 18 represent a significant portion of all sexual assault victims, with 66% of all victims between 12 and 17 and 34% of victims below age 18, younger than 12 years old.
The trauma from childhood sexual abuse can have lasting consequences that extend from youth all the way through adulthood, often leading to behavioral problems, long-lasting psychological distress and other physical and mental health challenges.
While the amount of time that survivors of child sexual abuse have to file a lawsuit varies by state, it’s never too late for a person to come forward. Several states have now completely waived their statutes of limitations for sexual abuse cases that involve a child, and many others offer extensions with the understanding that many survivors of childhood sexual abuse often don’t disclose their abuse until they’re well into adulthood.
At Florin|Roebig, our sexual abuse lawyers are committed to fighting for survivors of childhood sexual abuse to help them seek the justice they deserve. This includes providing legal representation on behalf of children, teens and adult victims of childhood sexual abuse who wish to seek compensation for physical and psychological damages.
What Is Considered Child Sexual Abuse?
From a legal standpoint, the definitions of consent, abuse, rape and sexual abuse vary somewhat according to state laws. The language used to describe incidents of molestation and sexual violence against minors also varies.
Child sexual abuse is a broad term that can apply to many different forms of sexual behavior, and it doesn’t always have to involve physical contact. Child sexual abuse may be described as the coercion or manipulation of a child by another person for their own sexual gratification.
Types of Child Sexual Abuse
Child sexual abuse can take many forms, including:
- Exposing oneself to a minor
- Fondling
- Psychological pressure to engage in sexual activity
- Sexual intercourse
- Masturbating in the presence of a minor
- Forcing a child to masturbate
- Owning, producing or distributing child pornography
- Sexual interaction with a child through digital forms of communication (e.g., by text, phone call, internet messaging)
Sexual misconduct involving a child can be violent or non-violent and may involve varying degrees of force or pressure. Under federal definitions of consensual sexual activity, no child can consent to sexual activity with an adult.
Regardless of whether the abuse involved physical contact, the use of force or violence, all acts of sexual misconduct involving child victims are valid instances of abuse that can be punishable by law.
Understanding that there are many different forms childhood sexual abuse can take is one way in which children, teens and adult survivors can more easily identify their experiences and name the harm perpetrated against them.
Perpetrators: Who Commits Child Sexual Abuse?
In about 93% of child sexual abuse cases, the perpetrator of the sexual misconduct is someone who’s known to the child. Meaning, perpetrators can be a family member, friend of the family or community or group leaders.
Perpetrators of child sexual abuse can come from a range of backgrounds with varying identifying characteristics. Child sex offenders may appear friendly, welcoming and unlikely to commit acts of harm on the surface. However, this appearance doesn’t mean that they’re incapable of committing acts of abuse.
In recent years, there’ve been several startling cases of child sexual abuse uncovered in which the perpetrators are revealed to be religious leaders, such as those revealed in the Southern Baptist Church abuse or the Catholic Church abuse cases, leaders of organizations such as the Boy Scouts and community members with ties to public schools, daycare services, youth camps and youth recreation programs.
Institutional Liability
Both individuals and institutions can be held liable for sexual misconduct involving a minor, depending on the details of the case. If an organization or institution were in a position to identify and stop the abuse, they may be held liable for the abuse in a court of law and be criminally charged.
Organizations and institutions have a duty to protect the children in their care. When they fail to implement proper safeguards, conduct background checks, respond to complaints or take action when abuse is suspected, they can be held accountable through civil litigation.
How Child Sexual Abuse Affects Victims
Surviving sexual abuse in childhood can have traumatic effects on a person’s physical and psychological well-being. Child sexual abuse victims are at greater risk of experiencing significant hardships in adolescence and later in life.
The effects of this type of abuse can be long-lasting and shouldn’t be understood as signs of weakness or an inability to “get over it.”
Long-Term Effects of Child Sexual Abuse
According to research on adverse childhood experiences, child sexual abuse victims are at increased risk for experiencing:
- Persistent feelings of shame and guilt
- Anxiety disorders
- Post-traumatic stress disorder (PTSD)
- Eating disorders
- Personality disorders
- Depression
- Substance abuse
- Gastrointestinal issues
- Behavioral problems
- Dissociative patterns
- Sexual problems
- Relationship and intimacy issues
- Disturbed sleep patterns
Many victims of childhood sexual abuse go without professional help for a long time, sometimes indefinitely. Sexual abuse survivors may face difficulty in various areas of their lives without receiving professional support from a counselor or psychiatrist, or the support of friends or loved ones to whom survivors may struggle to disclose their experiences.
With or without help, experiencing sexual abuse as a child is an irreversible trauma that can take an extended amount of time to heal from, and advocates and family members of child abuse victims need to understand the complex nature of this form of violation.
Why Victims Delay Disclosure
According to the nonprofit organization Child USA, most victims of childhood sexual abuse don’t disclose their experiences of abuse until well into adulthood. The average age of disclosure for victims of child sexual abuse in the U.S. is 52 years old.
Although the data differs by study, Child USA reported that among 10 to 17-year-old child sexual abuse victims, 66% of them don’t report their abuse to a parent or other adult at the time it occurred. Furthermore, only about 10% to 15% of these cases are reported to the police.
Victims of sexual abuse often face several barriers in identifying their experience as abuse, disclosing their abuse to others, identifying their abuser and formally reporting the incident(s) to authorities. The reasons why a person may not disclose their abuse until later in life can be complex and vary from person to person based on personal and environmental circumstances.
Common Reasons for Delayed Disclosure
Common reasons for delayed disclosure in adulthood include:
- Psychological issues (e.g., depression, post-traumatic stress disorder (PTSD), substance abuse)
- Power dynamic between the victim and the perpetrator
- Level of power or influence of the perpetrator or institution responsible
- Relationship to the perpetrator
- Repressed memory
- Stigma
- Fear of not being believed
- Shame or self-blame
- Lack of understanding that what happened was abuse
Understanding why survivors delay disclosure is crucial to creating a legal and social environment that supports them when they’re ready to come forward. That’s why many states have reformed their statute of limitations laws to give survivors more time to seek justice.
Seeking Justice for Child Sexual Abuse
Seeking justice for the sexual assault of a minor can be a harrowing process and requires a great deal of emotional support from loved ones. Although the damage done by sexual abuse as a child can’t be undone, victims can seek compensation for physical and psychological damages and, in applicable cases, punitive damages.
Every survivor of sexual abuse deserves to have their story acknowledged and to be able to seek justice for the harm perpetrated against them. The primary way in which victims of child sexual abuse can pursue legal recourse is to file a lawsuit against the offender.
Filing a lawsuit with the assistance of an experienced sexual assault lawyer at Florin|Roebig provides you with an advocate for your rights and much-needed assistance in the legal process. Our knowledgeable sexual assault attorneys can provide you with an overview of your state’s laws on sexual abuse and explain vital information to help you win your case and receive the compensation you deserve.
Knowing Your Rights as a Survivor
Sexual abuse laws, including those specific to cases involving minors, largely vary by state. However, according to RAINN, most states provide victims of sex crimes with certain rights covered under the Victim’s Bill of Rights.
The Victim’s Bill of Rights includes the right to:
- Apply for crime victim compensation through your state’s Office of Justice program.
- Appear at criminal justice court proceedings.
- Actively participate and be heard in criminal justice proceedings.
- Protections from harassment or intimidation at your trial.
Depending on where you live in the U.S., you may have other rights and protections available to you. A lawyer experienced in litigating sexual abuse cases or a sexual assault advocate can explain these rights to you.
Child Sexual Abuse Laws
U.S. federal law dictates that any offender found guilty of sexually abusing a minor under the age of 18 is subject to fines and imprisonment. Depending on the nature of the abuse, offenders may also face additional repercussions, especially if the abuse involved bodily injury, the use of force or threats or kidnapping. These are known as aggravated circumstances.
Most laws on child sexual abuse, and definitions of child sexual abuse, are established on a state-by-state basis if the abuse wholly occurred in one state. Sexual offenders are therefore prosecuted according to state law under the jurisdiction of state or local authorities.
Federal Protections
In response to several landmark cases of childhood sexual abuse uncovered in recent decades, additional protections for victims of child sexual abuse have been passed on a federal level to better advocate for victims of abuse.
Federal pieces of legislation that offer protections for child sexual assault victims and outline penalties for perpetrators include:
- Jacob Wetterling Crimes Against Children Registration Act: Also known as the Wetterling Act and enacted in 1994, this federal law led to the requirement of states to implement a sexual offender and crimes against children registry.
- Adam Walsh Child Protection and Safety Act: Signed into law in 2006, the purpose of the Adam Walsh Child Protection and Safety Act (H.R. 4472) is to increase penalties for perpetrators of child sexual abuse. It also created a national sex offender registry, organizing perpetrators into three tiers based on the nature of the crime. This law was introduced in response to the abduction and murder of Adam Walsh, a young boy who was abducted in 1981 and found dead 16 days later.
- The Kilah Davenport Act of 2013: This law, passed in 2013, requires the U.S. Attorney General to report on state penalties and prevention laws for repeat sex offenders. It also increases criminal penalties for repeat offenders who have committed domestic assault, sexual abuse and sexual abuse involving a child.
- Rape Survivor Child Custody Act: This law incentivizes states that have passed laws terminating the parental rights of men who father children through rape, including blocking requests for custody and visitation. This bill is an amendment to the Justice for Victims of Sexual Trafficking Act of 2015.
Liability In Child Sexual Abuse Cases: Can a Parent or Other Caregiver Be Held Liable?
The laws in our nation dictate that any offender found guilty can be held liable for sexually abusing a child, but what about the child’s parents, caregivers or other adults responsible for the child who were aware of the abuse?
Laws vary by state, but most states have laws that find individuals guilty of abuse of a child (liable) if they were aware of the abuse and failed to prevent or stop it. These laws usually include language that covers both intentional infliction and acts of omission.
Intentional infliction of harm to the child, i.e., through torture, beating, burning, sexual abuse, etc., is known as acts of commission. Acts of commission directly harm the child and are made by the person inflicting the harm (the perpetrator).
Acts of omission include those that may not have harmed the child directly, but which allowed the child to experience harm. An example would be knowing a child is being sexually abused by a spouse and leaving the child alone with the spouse anyway.
Most states now include laws that find a party guilty of child abuse if they knew abuse was occurring and did nothing to stop it from happening. In other words, parents and other caregivers may be held liable for child sexual abuse if it can be proven that they were aware of the abuse and didn’t take reasonable measures to prevent it.
Notable State Laws
Local and state authorities handle additional laws regarding child sexual abuse cases based on laws within the state. However, sexual abuse that occurs on federal lands, such as military bases, Native American territories and other government-owned properties, is prosecuted under federal law.
The RAINN Network regularly updates legislation that’s introduced and passed in each state on child sexual abuse and prosecution.
Types of laws that vary on a state-by-state basis include:
- Mandatory reporting
- Definitions of consent, sexual abuse and sexual assault
- Criminal statutes of limitations
- Confidentiality laws
- DNA sample requirements
- HIV/AIDS testing of sexual offenders
- Limits on rapists’ parental rights
Chelsea’s Law in California is one example of a prominent state law relevant to child sexual abuse cases. This law, passed in 2010, requires that certain violent sex offenders serve a life sentence without the possibility of parole. It was named after Chelsea King, a 17-year-old girl who was abducted, raped and murdered by a convicted sex offender.
Jessica’s Law, initially passed in Florida, mandates a minimum 25-year sentence for first-time offenders who target children under the age of 12, and a life sentence for repeat offenders. It also requires lifelong GPS tracking for certain sex offenders. Jessica’s Law, named after 9-year-old Jessica Lunsford, who was kidnapped, raped and murdered by a registered sex offender in 2005, has been replicated in nearly every other state.
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Statutes of Limitations for Child Sexual Abuse
The statute of limitations (SOL) for child sexual abuse cases refers to the amount of time victims, or their parents, have to file civil or criminal charges against perpetrators. Statutes of limitations for child sex crimes vary by state.
In recent years, many child abuse advocates have moved to extend state-wide SOLs to better serve victims who wish to seek justice for childhood sexual abuse as adults. Some states no longer dictate any time limit for victims of child sex crimes, particularly for cases involving the most serious offenses.
These reforms recognize the reality that many survivors don’t disclose their abuse until years or even decades after it occurred. Extended statutes of limitations give survivors the time they need to process their trauma and come forward when they’re ready.
The sexual assault attorneys at Florin|Roebig can provide you with an overview of your state’s statute of limitations and other relevant child sexual abuse laws to determine your eligibility to file a lawsuit on behalf of yourself or your child.
Child Sexual Abuse Charges: Civil Court Vs. Criminal Court
Victims of child sexual abuse have two options for seeking justice for the harm perpetrated against them. The victim or parent of a child who has been sexually abused may file a lawsuit in a criminal court (the most common type of lawsuit) or through a civil court system.
- Criminal Court Cases for child sexual abuse are brought to court by the state. In criminal court proceedings, the government has the authority to file charges against the perpetrator and handles the case. With a guilty conviction, charges may include fines, incarceration, mandatory counseling, probation and other criminal sanctions mandated by state law.
- Civil Court Cases are less common for sexual abuse cases involving minors. In these cases, it’s the plaintiff who brings their case to the court to seek compensation for psychological damages, physical damages and any other losses that have resulted from the abuse.
The primary differences between the two types of court proceedings are the types of damages that are awarded with guilty convictions (punitive vs. compensatory) and who is tasked with bringing the case to court. Criminal court cases rarely award monetary compensation for victims. The focus is on punishing the offender and protecting society. Differences in responsibility for legal fees may also apply if you pursue legal recourse through a civil versus criminal court system.
Civil cases have a lower burden of proof than criminal cases. In a criminal case, the prosecution must prove guilt “beyond a reasonable doubt.” In a civil case, the plaintiff must prove their case by a “preponderance of the evidence,” meaning it’s more likely than not that the abuse occurred. This lower burden of proof can make it easier for survivors to prevail in civil court, even if the perpetrator was never convicted in criminal court.
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Florin|Roebig Child Sexual Assault Lawyers Can Help You Seek Justice
At Florin|Roebig, our lawyers believe that no instance of abuse against a child should go unpunished. Our sexual abuse lawyers have a strong record of fighting for victims and securing monetary and punitive damages to bring justice to our clients.
Our lawyers are dedicated to treating clients who have a history of sexual abuse with compassion, dignity and an understanding of how emotionally difficult this process can be. Our lawyers work with you every step of the way to ensure that you feel safe and knowledgeable about the case throughout the course of the legal proceedings.
When you work with Florin|Roebig, our attorneys will:
- Conduct a thorough investigation of your case.
- Identify all potentially liable parties, including individuals and institutions.
- Gather evidence to support your claim.
- Work with expert witnesses, including medical professionals and psychologists.
- Handle all communication with defendants and their legal teams.
- Fight for maximum compensation for your damages.
- Protect your privacy and confidentiality throughout the process.
- Provide compassionate support every step of the way.
We understand that coming forward takes immense courage. Our team is here to ensure your voice is heard and your rights are protected.
If you or your child has experienced childhood sexual abuse, the lawyers of Florin|Roebig are here to fight for you. Contact our offices today to schedule a free case evaluation to begin the process of filing a lawsuit and get the justice you deserve.
