The main distinction between civil and criminal child sexual abuse lawsuits is the severity of the punishment. Defendants in civil lawsuits can suffer a variety of penalties, the majority of which are monetary. Defendants in criminal sexual abuse proceedings may lose their liberty due to imprisonment and other restrictions.
If you’re a survivor of sexual abuse, you might think the only way your attacker can be held responsible is through law enforcement and the criminal court system. That’s not always the case. You also have the option to file a civil lawsuit for damages against your attacker-even if he or she has already been convicted of the crime and is serving a prison sentence.
As with most other civil cases, there is a time limit in which sexual abuse lawsuits must be filed. In North Carolina, under updated law passed in 2019, legal action for sex abuse cases involving a minor victim may now be brought until the victim reaches the age of 28. In addition, a victim may also file a civil lawsuit against a defendant up to two years after a criminal conviction of related felony sexual offenses while the victim was a minor. For all other sexual abuse cases, the statute of limitations is three years from the date of the last act of abuse.
The victim in a civil claim may be entitled to various types of compensation. However, there are two types of damages: compensatory and punitive damages.
Compensatory Damages
Compensatory damages intend to reimburse the survivor for their losses, and may include compensation for:
- Medical expenses. All previous and future medical expenses, including therapy and counseling with a psychologist or psychiatrist. Treatments in an in-patient or out-patient setting are included.
- Pain and suffering. All past and future emotional harm perpetrated by the institution or individual, as well as the burden you will endure as a survivor. Loss of quality of life or enjoyment of life are examples of pain and suffering. Post-traumatic stress disorder would be included in this category of damages.
- Lost wages. You could pursue a claim for these economic losses if the incident caused you to miss work for counseling, healing, or to avoid the perpetrator.
We know that no amount of money will ever erase the horror you have endured as a survivor of sexual abuse. However, we also know that one of the biggest obstacles to making a full physical and emotional recovery possible is the financial cost.
Punitive Damages
Punitive damages are frequently used in abuse cases as a means of punishing the defendant. If a judge believes that the survivor of sexual abuse has not gotten enough compensation given the circumstances or if the defendant’s conduct was exceptionally heinous, they may order punitive damages in addition to compensatory damages. Punitive damages may be awarded to the defendant for gross carelessness, intent to injure, malice, or illegal activities.
