Experiencing sexual abuse can leave you with lasting physical and psychological scars that could follow you for the rest of your life. Unfortunately, this type of abuse is highly common and can occur to people of all ages, genders, and backgrounds. All too often, the abuse occurs in schools, churches, or other institutions. 

If you or a loved one has experienced this form of abuse, a question you may have is, “Can I sue an institution for sexual abuse?” The answer is yes, but it’s not a simple process. Proving institutional liability for sexual abuse requires legal representation because of the pushback you’ll receive from an institution’s team of attorneys. 

So what are your options and legal rights? Learn more about beginning civil action against complicit third parties. 

Understanding Sexual Abuse 

Sexual abuse occurs when one party knowingly causes another person to engage in sexual acts by making them afraid or issuing threats. It also refers to forcing someone who can’t consent or doesn’t understand the nature of the act to perform sexual acts. In many cases, it involves children and intellectually disabled individuals. 

Sexual abuse can be verbal, such as telling sexual jokes or stories, or communicating online or through texts in a sexual manner. There are a variety of other verbal actions that belong in this category. 

Different Types of Sexual Abuse

Visual sexual abuse involves the perpetrator forcing the victim to see sexual content like videos or photos, as well as exhibitionism or engaging in sexual acts in front of someone who didn’t give their consent. 

There is also covert sexual abuse, which involves the perpetrator abusing the victim without their knowledge. This includes conduct such as stalking and photographing people. 

The most well-known type of sexual abuse involves physical acts. This includes any non-consensual sexual contact, from touching and kissing to rape. 

Institutions Where Sexual Abuse Most Commonly Occurs

Sexual abuse can occur anywhere, but it is more common in certain types of institutions. 

Religious Institutions

Religious institutions, like churches, mosques, and synagogues, are frequently in the news because of sexual abuse accusations. Clergy abuse is particularly common. 

There is a severe power imbalance between the perpetrator and the victim in these cases. Often, accusations are swept under the rug, and the perpetrator is moved to another institution. 

Summer Camps 

Going to summer camp is the highlight of many children’s years, but for others, it can expose them to unwanted sexual advances. Abuse can involve other campers or camp counselors. 

Hospitals and Long-Term Care Facilities

People with mental or physical disabilities or children who need medical care might need to stay at hospitals or other care facilities. Nurses, doctors, and other staff members can take advantage of these vulnerable populations. Nursing homes and psychiatric treatment facilities are also potential risks. 

Foster Care

Children in state foster care systems can be exposed to dangerous environments. They may need to remain at youth residential centers, where abuse from other children or staff is common. Additionally, they can be placed in homes where this type of assault can occur. 

Concerts and Music Festivals

Attending a music festival or a concert should not expose vulnerable people to sexual abuse. Still, because of the number of people present, low security, and potentially illicit substances, abuse can occur. 

Boy Scouts 

Over the years, the Boy Scouts of America has been at the center of numerous sexual abuse cases, the majority of which involved adults abusing children.   

Troubled Teens Programs and Camps

Teenagers with behavioral concerns are sometimes sent to programs and camps to address criminal behavior, eating disorders, drug use, and a variety of other issues. These teens can experience sexual abuse from other teens or adults at these programs. They are often not believed when they report the abuse. 

Youth Sports Leagues

Youth sports leagues may fail to vet coaches and other staff members thoroughly enough. This allows these perpetrators to gain access to children of all ages. 

Daycare Centers, Preschools, and Schools

Sexual abuse against children can occur in any type of school, including daycare centers and preschools. These institutions can employ people who abuse children, or they may allow the abuse to occur among children. 

Spas and Massage Therapy Facilities

Sexual abuse can occur in spa and massage therapy facilities because of the private nature of the treatments. This isolation makes harm more likely to happen. 

Workplaces

Sexual abuse can occur in any place of work. Abusers can be bosses or other employees. Companies like MSC and Maersk, as well as cruise ships and other maritime industries, have been involved in various sexual abuse claims. 

Hollywood

For years, Hollywood sexual abuse was considered relatively commonplace, especially when it came to new, inexperienced talent. Now, it’s easier for victims to speak out against perpetrators, who could be agents, directors, or anyone else involved in the entertainment business. 

Can I Sue an Institution for Sexual Abuse?

Holding institutions accountable for abuse is possible by either filing a Title IX claim or a lawsuit, depending on the exact case. In some instances, you may even be able to file a claim for breach of contract. 

Vitally, you don’t need to pursue criminal charges to begin civil actions. You can also start a lawsuit against the perpetrator, which would be completely separate from any civil suits related to the institution. 

Title IX Claims

Title IX is a federal law that prohibits discrimination based on sex in activities that receive federal funding or education programs. Sexual assault and abuse are considered sex-based discrimination. 

This law requires that institutions take steps to prevent sexual abuse. If it occurs, they should take action against the perpetrators. If the institution was aware of the sexual abuse and did not take any steps to address it, it can be held liable for the losses that the victim suffered. 

Negligence-Based Lawsuits

Not all institutions are covered by Title IX, however. If you or a loved one suffered sexual abuse and that law doesn’t apply, then you may still be able to file a lawsuit based on negligence. 

Negligence in institutional abuse cases involves proving that the institution owed you a duty of care that it breached. In daycare centers, for example, not having enough supervision is negligence that would allow a perpetrator to abuse a child without worrying about being discovered. 

Other types of negligent actions could be not vetting people for positions that grant them access to vulnerable people, ignoring claims of sexual abuse, or even moving the abuser to another location. All of these actions would make an institution liable if harm occurs.    

Breach of Contract

You may also be able to file a suit based on a breach of contract. If, for example, you signed an agreement to send your child to summer camp, the institution must uphold its end of the deal, which is to keep your child safe. If your child was sexually abused, that’s a breach of the contract. 

What Damages Are Available in Sexual Abuse Cases?

Now that you know the answer to the question, “Can I sue a school/church/employer for sexual abuse?” it’s important to understand the types of damages you can receive. 

Medical Expenses

Sexual abuse can lead to injuries, sexually transmitted diseases, and pregnancies. All of these can require medical care. Even having a sexual assault kit done at the hospital costs money. Economic damages cover these expenses. 

Psychological harm often occurs as a result of sexual abuse. Victims can develop anxiety, depression, and post-traumatic stress disorder. All of these conditions can require therapy. You can receive compensation to cover these costs for as long as needed, too. 

Lost Earning Potential

If you or a loved one experiences severe emotional trauma from the abuse, working might become impossible. Economic damages can help you by addressing lost income and your lost earning potential. 

Pain and Suffering

Sexual abuse can leave victims battling with negative feelings about themselves, low self-esteem, and a variety of emotional issues. It’s possible to receive compensation for these losses as part of non-economic damages. 

Loss of Enjoyment of Life

Living through such a traumatic experience or having to deal with ongoing abuse can make it very difficult to live your life as you want. The distress can be so severe that finding joy in anything can seem impossible. You may be able to obtain damages to address this loss, too. 

Hiring Experienced Attorneys for Your Sexual Abuse Case

If you or a loved one has experienced sexual abuse at an institution, such as a school, camp, daycare, church, or a variety of other locations, you can begin a claim to recover losses. Not only can you pursue a lawsuit against the perpetrator, but you can also do so against the institution for failing you. 

After everything you’ve been through, the last thing you need is to worry about complex legal issues. At Edwards Henderson, we have decades of experience fighting for our clients’ rights. 

Contact us to schedule a free consultation with one of our sexual abuse attorneys.