Sexual abuse, sometimes referred to as sexual molestation or sexual assault, is abusive sexual behavior by one person upon another. It consists of engaging in sexual behavior with someone without that person’s consent. It is often perpetrated using force or by taking advantage of another. Sexual abuse can also be understood as any sexual act with the intent to abuse, humiliate, harass, or degrade another person.
State laws regarding criminal sexual abuse vary according to whether the victim of the abuse is an adult or a minor. Child sexual abuse is most commonly referred to as child molestation, while adult sexual abuse is often referred to as rape or aggravated sexual assault.
Sexual abuse is an act of violence that the attacker uses against someone they perceive as weaker than them. It does not come from an uncontrollable sex drive but is a crime committed deliberately with the goal of controlling and humiliating the victim.
The two most common measures of whether a person has committed sexual abuse are:
- They caused another person to engage in any sexual act by threatening them or causing fear in that person
- They engaged in a sexual act with another person who is
- not capable of comprehending the exact nature of that conduct (e.g., a child or someone with problems with cognitive processing)
- is not capable of giving or withholding consent. Among other situations, this includes people who have a mental illness, people who are under the age of 18, and people who are intoxicated to the point where they don’t comprehend what is being done or they have passed out and cannot give or withhold consent
- is physically incapable of communicating their unwillingness to participate in a sexual act (for example, someone whose mouth has been covered with tape)
Sexual abuse is a crime in every state.
Examples of Sexual Abuse
Some specific examples of sexual abuse include but are not limited to:
- Rape
- Molestation
- Forced sodomy
- Incest
- Unwanted kissing or touching
- Unwanted rough or violent sexual activity
- Recurring or systemic sexual abuse
- Withholding affection, resources, etc, until a person “consents” to sexual activity
Criminal vs. Civil Court
Sexual assault and sexual battery can be tried as both criminal and civil issues. Each state’s specific criminal statutes explain how different sexual crimes are classified, as well as what the penalties are for each crime.
Victims of sexual assault may also file a civil suit against their attacker. Such civil claims are intended to recover monetary damages for out-of-pocket costs and pain and suffering experienced as a direct result of the assault. Civil claims against sexual predators can be filed alongside or in addition to criminal charges. If the defendant is convicted in criminal court of sexual abuse, it becomes much easier to bring an action in civil court because the facts of the assault have been determined.
On the other hand, if a criminal case against the defendant does not succeed or does not reach trial, the victim can sometimes seek relief through a civil case instead. The reason a civil suit might succeed when a criminal charge does not is because of the difference in the level of proof required.
To convict a defendant in criminal court, the prosecutor must prove “beyond a reasonable doubt” that the defendant is guilty. In civil court, the plaintiff only needs to show that the defendant is guilty by a “preponderance of the evidence” – meaning, there is at least a 51% chance (a chance more likely than not) that the defendant is guilty.
Recovering Damages as a Victim of Sexual Abuse
The plaintiff and their attorney must choose one or more of the following legal theories to bring against the defendant:
- Assault (an attempt or a threat that causes another person to be apprehensive of imminent bodily harm)
- Battery (intentionally touching or applying force to the body of another person in an offensive manner and without their consent)
- Intentional infliction of emotional distress
If the case is a success, remedies will include compensatory damages. Such damages are intended to reimburse the victim for the following expenses:
- Medical bills
- Costs associated with relocating if they are no longer safe in their own home
- Lost wages associated with time away from work because of the attack
- Physical and mental health therapy costs
There may also be an award for pain and suffering. Some states allow these damages to be awarded, and some do not; some of those states that do allow these damages limit how much can be awarded (for example, 4 times compensatory damages). Calculating pain and suffering damages is more of an art than a science, and juries will award them based on how well the plaintiff understands what the experience was like.
What Defenses Might Be Raised in a Sexual Abuse or Sexual Assault Case?
There are some defenses available to a sexual assault defendant. They vary depending on the specifics of the case.
The most frequently raised defense is the claim that the assault was not an assault because the activity was consensual. In many or most cases, there are no other people present to corroborate this assertion. As such, these cases can turn into a “he said/she said” situation.
Another defense relates to the state of mind of the victim. If the victim claims to have been drunk and thus incapable of giving consent, the defendant may attempt to prove that they were not drunk.
Some other examples of commonly utilized defenses in a sexual abuse or sexual assault case include:
- Suppression of evidence: If evidence such as text messages, emails, phone messages, video, or semen are suppressed (i.e., not allowed to be presented as evidence in the trial), someone charged with sexual assault may use this suppression as a defense
- Actual innocence: Under U.S. law, all criminal defendants are innocent until proven guilty. If it is difficult to decide whether the defendant committed the assault, the defendant must be found not guilty.
- Insanity: If the person charged with sexual assault is legally insane, this may prove to be a successful defense.
Are There Differences Between States in How Long a Victim Has to File a Case or Press Charges?
Each state has its own statute of limitations for pressing sexual assault claims. This statute is essentially a limitation on the timeframe in which a victim may file a case or press charges against their abuser or assailant.
Several states are lifting their statute of limitations for civil sexual assault charges. Some states are lifting their statute entirely, while others have lifted it in specific circumstances. A few of these states include Colorado, Connecticut, Utah, and Washington.
What To Do If You’re a Victim of Rape or Sexual Abuse?
If you are a victim of rape or sexual abuse, you should immediately go to the nearest hospital and contact local law enforcement from there. You may also wish to contact a rape victim lawyer to assist with the process. The attorney can help you determine your best action and protect your rights.
Gather and maintain as much evidence of the abuse or assault as possible. Examples include but may not be limited to:
- Photographic or video evidence of the attack itself and photos or videos of any physical damage to you
- Copies of medical records and doctor’s notes
- Witness statements, if at all possible
- If the attacker was someone you know, keep copies of texts, e-mails, voicemails, letters, and any other correspondence between you and the abuser.
- Copies of all records of payments you have had to make because of the assault, such as medical bills, therapy bills, damage to any property (e.g., ripped clothing), and lost days of work
Should I Hire a Lawyer to Help with Sexual Assault Legal Issues?
As was just discussed, hiring a lawyer for sexual abuse victims has many benefits. A skilled and knowledgeable personal injury lawyer will be aware of local statutes regarding the matter, such as the statute of limitations for filing a sexual assault claim and any restrictions on the types of evidence that may be presented.
An experienced personal injury attorney will represent you in court, both at the criminal trial and at a civil trial. One of the most important things a lawyer can do is negotiate a settlement in your favor. Because the attorney is not emotionally involved, they can look at any offers for money or deals for criminal charges with a cool mind.
The attorney’s experience will also be immensely helpful in deciding whether an offer is very generous, is far too little, or is in the ballpark.
