An experience of sexual abuse can leave you with physical and emotional injuries that impact you for the rest of your life. Pursuing criminal charges against the perpetrator allows some people to get justice, but the outcome of a criminal case isn’t guaranteed, and it won’t address the losses that you’ve suffered in your own life.

A sexual abuse lawsuit is a way to fight for compensation for the harm you sustained. Taking this independent legal action will not prevent you from participating in a criminal case if the state decides to pursue one. And by filing a civil sexual lawsuit, you could recover your losses in the form of economic and non-economic damages. 

Filing a lawsuit after an experience of molestation or sexual assault isn’t simple. You may not be sure about what to expect from the process. How long does a molestation case take, and what will it involve? Learn more about how these cases play out. 

The Long-Term Impact of Sexual Abuse 

Molestation is a type of sexual abuse that involves sexual activity with a child or with an adult who cannot consent. A perpetrator might engage in activities like these:

• Touching private parts
• Taking pornographic pictures
• Exposing genitalia
• Raping a minor
• Committing other sexual acts
• Committing incest involving a minor relative

All of these acts can have both physical and psychological impacts on the victim.

Physical Impact of Sexual Abuse

Molestation and other forms of sexual abuse cause severe long-term effects in the body and psyche of the victim. Illnesses like sexually transmitted diseases could impact fertility and overall sexual function. The stress of the assault can have wide repercussions, often leading to an increased risk of future heart disease or diabetes. 

People who have been sexually abused can struggle with insomnia, and they are more likely to develop obesity. Both of these issues place additional stress on the body. They increase the chances of numerous health problems and could even shorten the person’s lifespan. 

Psychological Impact of Sexual Abuse

The most significant impact of molestation is psychological. Living through sexual abuse can result in immediate issues, like anxiety. Sometimes, however, the symptoms are delayed because the child does not immediately understand what has happened and the harm that they have suffered. 

Post-traumatic stress disorder (PTSD) is one of the most common consequences of sexual abuse. Someone with PTSD may relive the abuse via flashbacks and nightmares, suffer memory loss, avoid anything that reminds them of the abuse, and experience heightened arousal that makes sleeping and concentrating more difficult. 

Depression is a common consequence of abuse. This condition robs the survivor of joy and makes every day difficult. Some survivors of sexual abuse engage in self-harm, and too many turn to substances like alcohol or drugs, or try to regain a sense of control over their lives via eating disorders. 

Risky sexual behaviors are common among sexual abuse survivors. People who have been abused can become sexually active much earlier, and they might engage in unprotected sex and sex with multiple partners. This exposes them to revictimization, sexually transmitted diseases, and unwanted pregnancies. 

Interpersonal relationships can suffer because many survivors find that building trust is very difficult. Divorce rates tend to be high among those who have suffered sexual abuse of any type. Any of these long-term effects of sexual abuse can cost you greatly, affecting your relationships, your career, and most importantly, your enjoyment of life. And to begin addressing these losses, you can transform your pain into power with a lawsuit. 

How Long Does a Civil Lawsuit Take?

A civil lawsuit for sexual abuse can last anywhere from a few months to a few years. Like anything involving the legal system, it is generally not a fast process. That’s because a lawsuit involves numerous steps, such as gathering evidence, reviewing the evidence the other side gathers, and taking the case to court. 

One of the challenges of suing someone for molestation is that you’re at the mercy of the court docket. Backlogs in civil courts are common, and scheduling conflicts need to be addressed to ensure that everyone who needs to be present can be there. 

Another factor that can impact how long a civil lawsuit takes is how complex the case is. If there are numerous parties, or if you’re suing an institution for sexual abuse, the process can take a long time. There will be more evidence to recover, more potential depositions, and more schedules to juggle. 

In instances when the victim is still a minor, it may be necessary to take additional time to ensure they are not overly stressed. This could slow the case down a bit, too. 

How Long Does It Take to File a Sexual Abuse Lawsuit?

After you report the abuse, your next step is to make sure that the statute of limitations hasn’t expired. In Florida, there is no deadline for filing a sexual abuse lawsuit if the act occurred before the plaintiff reached the age of 18; otherwise, you have four years from the incident to take legal action. 

Next, it’s time to start gathering evidence that can support the claim. This is not a step you should begin on your own. Our child sexual abuse lawyers at Edwards Henderson know how to identify the evidence that will impact your case the most. This might include the following:

• Victim’s Testimony: Your testimony of the abuse is critical and should include as much information as possible
• Witness Testimonies: To support your case, we’ll seek out witnesses who can speak about the abuse and how it has impacted your life 
• Medical Records: These records can show the extent of the injuries you suffered and whether you continue to require physical or psychological care
• Audio or Video Recordings: We may use traffic camera or surveillance footage, as well as recorded phone calls, to bolster your case
• Forensic Evidence: One way of linking the perpetrator to the incident is DNA, though this is harder to obtain in cases that occurred years before
• Police Reports: If law enforcement officers were ever involved, their reports can help your claim
• Text Messages and Social Media: Any postings or messages that the perpetrator sent you can be used as evidence, too

Once we’ve gathered evidence, we’ll establish liability. The defendant (the person accused of the abuse) is liable for what they did. 

In some cases, however, other people or organizations share this liability. If a teacher, coach, member of the clergy, or camp counselor was the perpetrator, the institution they worked for could be responsible for your losses. 

Vicarious Liability

A legal principle called “vicarious liability” means that you can hold an employer liable for the actions of its employees. If vicarious liability applies in your case, we’ll attempt to show that the employer owed you a duty of care to keep you safe and that it breached this duty. 

We’ll then begin the process of filing the paperwork involved and presenting it at the appropriate civil courthouse. This could be your local court or the one closest to where the perpetrator lives. 

How Long Does a Sexual Abuse Lawsuit Take to Go to Court?

Most of these cases end in settlements, which means that the case doesn’t have to go to court. Often, the perpetrator’s insurance provider handles settlement negotiations. If the perpetrator is deceased, you can file a lawsuit against the abuser’s estate.

Negotiations can take a long time, and there’s no guarantee that they will be successful. If they’re not, the next stage in the process begins.

The Discovery Phase

During the discovery phase, all parties exchange information and evidence to prepare for trial. Throughout this time, settlement negotiations can continue. Even up to the first day in court, it’s possible to reach an agreement. 

Otherwise, the timeline for the sexual abuse trial will depend on court schedules. It could be weeks or months before the matter is presented before a judge. Just as with any other type of trial, the plaintiff and the defendant will have a chance to present evidence and call witnesses.

Evidence in a Criminal Case

In criminal cases, the evidence has to be strong enough to prove that the defendant is guilty beyond a reasonable doubt. That’s not the case in civil lawsuits. Instead, you must show by a preponderance of evidence that the abuse occurred, which means establishing that it’s more likely than not that the abuse happened. 

If there is enough evidence to support your claim, a judge or jury will award you damages to address the injuries you sustained. 

How Long Does It Take for a Sexual Abuse Lawsuit to Settle?

The fastest way of resolving a sexual abuse lawsuit is to settle. This means that you can avoid going to court, and you won’t have to testify before a judge and jury. 

Even though settling is faster than a trial, it can still take time. The case may undergo extensive negotiations or formal mediation to ensure that all parties have the chance to participate and state their cases. This process can take weeks or months.

The more people involved in the lawsuit, the longer the entire process can take. Some defendants may even try to delay negotiations, hoping that you’ll be willing to accept a low offer so that you can just move on from the case.

Typically, cases against institutions can be resolved more rapidly. Institutions like schools tend to settle to avoid the publicity of a trial. That’s not always the case with individual defendants. Some may be willing to extend the process as long as possible, and it could be up to you to decide whether to continue pursuing the case in court. 

What Is the Average Settlement for Childhood Molestation?

Childhood molestation lawsuits can vary when it comes to settlements. To help you understand what you may be entitled to, our lawyers will guide you through the economic and non-economic damages you could claim. 

Economic damages include any medical expenses you’ve incurred because of the molestation. If you have ongoing medical needs, like therapy or medications to address depression or anxiety, we’ll ask the defendant to cover these costs.

If appropriate, we’ll also seek lost income. Many sexual abuse survivors are not able to work to their full capacity. Physical or mental health concerns could prevent you from holding a job, so we can also seek compensation for your loss of earning potential. 

How to Calculate Damages in a Molestation Case

To calculate economic damages, we will look at all of the expenses you incurred because of the abuse, as well as the income you lost because you were coping with abuse-related physical or mental trauma. This will give us an idea of an amount that will make you financially whole.

Non-economic damages focus on losses that are not as simple to quantify. Your physical and emotional distress fit into this category. These losses don’t come with price tags, however. 

Insurers and juries will consider the severity of the abuse and how it impacted your life. They’ll generally multiply your economic damages by a factor of 1.5 to 5 to come up with fair non-economic damages. 

How the Attorneys at Edwards Henderson Can Help 

If you’ve experienced sexual abuse, you have legal options. By hiring one of our attorneys, you can give yourself a stronger chance of succeeding in your claim. 

At Edwards Henderson, we obtain substantial results for sexual abuse and assault cases. Our jury verdicts are consistently among the highest in the state, and we pride ourselves on our client testimonials. 

We have decades of experience assisting people through the most complex of sexual abuse cases. We take on powerful institutions and always prepare our cases as if we were going to court, which helps to speed the process up. 

Contact Us for Help Today

Our lawyers understand just how traumatizing sexual abuse is. We provide the compassionate representation you need and offer support through every stage of the process. To provide additional guidance, we can point you toward helpful outside resources like sexual abuse hotlines and support groups. If you’ve suffered molestation or sexual abuse and have not begun a civil action, it may be time to start. Contact us at Edwards Henderson to speak with one of our lawyers about your case.