by Michael A. Bryant

Families often face immense emotional turmoil when their child has been sexually abused, and it can be overwhelming to process everything that comes with it. In addition to seeking emotional support and therapy, it’s important to consider contacting an attorney to discuss legal options and next steps.

While the criminal aspect of sexual assault is most commonly discussed, victims may also have the option to pursue a civil claim against the responsible party (or parties). Depending on the circumstances, the defendant may be the assailant, their employer or another individual who played a role in the assault.

A minor victim may be able to bring a personal injury claim for the harm suffered as a result of the sexual assault. In such cases, the plaintiff—either the injured minor or a loved one filing on the minor’s behalf—must be able to prove the following elements in court:

  • The injured minor was sexually assaulted by the defendant.
  • The minor suffered damages as a result of the assault (these may include physical or emotional injuries).
  • The defendant’s actions were the direct cause of those injuries, and the conduct was either intentional or negligent in nature.

In general, if an individual (the assailant) intentionally caused the minor victim’s injuries, that person may be held directly responsible as the defendant. However, in some cases, the assailant’s employer or another party may also be held liable if their negligence contributed to the harm.

If negligence is alleged as the cause of the victim’s injuries, the following elements must be proven in court:

  • The defendant owed the injured minor a duty of care to protect them from harm.
  • The defendant breached that legal duty of care.
  • As a result of this breach, the defendant caused the victim’s physical or emotional injuries.

Compensation for Injuries Due to a Sexual Assault
In a personal injury case, the victim (plaintiff) may be awarded monetary damages to compensate for the injuries they have suffered. The judge or jury will determine the amount based on the severity of the injuries and the degree of legal responsibility attributed to the defendant.

These damages are intended to cover expenses resulting from the sexual assault-related injuries and may include physical, emotional or other costs, depending on the specifics of the case. Examples of potential damages include:

  • Pain and suffering
  • Medical bills
  • Future healthcare expenses
  • Lost wages
  • Loss of future earning capacity
  • Loss of enjoyment or quality of life
  • Loss of consortium (for the victim’s spouse)
  • Other fact-specific expenses

A variety of factors will influence the final compensation amount, including the nature and permanence of the victim’s injuries, the total financial and emotional costs incurred, and the unique circumstances surrounding the case.

If you or a loved one has been injured as a result of sexual assault, it’s important to speak with a knowledgeable attorney who can explain your legal rights and options and help you determine the best course of action for your situation.