One of the most emotionally charged and vitriolic areas of the law is litigation involving childhood sexual abuse. When we send our children and loved ones out into the world, we expect that the institutions they interact with will do their part to maintain a safe environment. When those institutions fail to provide that safe environment and as a result yourself, your child, or a loved one is sexually abused, Corsiglia McMahon & Allard, L.L.P. will dauntlessly pursue litigation to hold those individuals or institutions accountable.
People whom the community is supposed to be able to trust can be the worst offenders when it comes to childhood sexual assault. Whether it was a teacher, a coach, parents, or a new member in the household, the damage done to the victims is devastating and can cause life-long issues with which the victims must deal.How Long After the Abuse Do I Have to File My Suit?
Ca. Civ. Proc. Code § 340.1 controls how long one has after the abuse has happened to file their suit. Unlike other causes of action, California does not limit the length of time when a victim of childhood sexual abuse can file his or her claim as long as the abuse happened after January 1, 2014. If it happened before that date, the statute of limitations is 8 years from the date of the abuse. The nature of the offense as well as the attached stigma oftentimes causes victims to wait extended periods of time before they are able to speak about what happened, much less file a suit. Our attorneys understand the seriousness of these kinds of claims as well as the care needed to successfully and comfortably navigate our clients, from the filing of these gut-wrenching cases to their conclusion.
When an organization that you trusted betrayed that trust and allowed you or a loved one to be victimized by a sexual abuser, the fact that the institution itself did not sexually abuse you can become a point without distinction. That institution can still be held criminally and civilly liable for failing to take the steps required to prevent the risk of sexual assault.Criminal or Civil?
Childhood sexual abuse can be prosecuted both criminally and civilly. The civil case focuses more on the resulting damages that a victim experiences throughout life. The damages awarded are meant to attempt to make the victim whole again, and in appropriate cases, award damages that punish the responsible party beyond only trying to make the victim whole again. The punishments in a criminal case involving childhood sexual abuse are meant to punish the defendant for the act itself.What Will I Have to Prove in Order to Win My Case?
It takes a legally competent attorney to answer this question for you. There are statutory claims under California and federal law pertaining to sexual harassment. When you speak with one of our knowledgeable attorneys, we will assess whether or not it is wise to pursue one of the aforementioned statutes or another common law tort theory.
Childhood sexual abuse is a very serious problem in our community. It devastates the victim emotionally in the moment and long after the abuse has stopped. At Corsiglia McMahon & Allard, L.L.P., our dedicated and compassionate attorneys will deliver a fearless style of legal representation to defend your rights and seek the justice that you deserve. Contact us at (408) 289-1417.