Suing For Assault And Battery - If you have been the victim of sexual abuse or sexual assault you have the right to file a civil lawsuit against your abuser (or the organization that caused the abuse) and get justice and financial compensation. Almost any type of criminal sexual behavior or unwanted sexual contact can form the basis of a case of sexual abuse or sexual assault. The types of behavior commonly found in sexual abuse cases include:
Victims of sexual assault can file a civil lawsuit even if the defendant has been convicted of a crime (or even charged with a crime).
Suing For Assault And Battery
Victims of sexual abuse and assault who file a successful lawsuit can receive significant financial compensation. Compensation is allowed for things like: medical bills (including mental health counselling), lost wages or earnings, and pain and suffering (including mental pain as a result of abuse).
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Anyone who has been the victim of sexual assault or abuse can file a civil suit for sexual assault as long as the assault or abuse involved some form of unwanted physical contact of a sexual nature. The individual victim of assault or abuse is the complainant. In some cases, the victim's spouse can also be a plaintiff and bring a separate claim for loss of partnership (loss of consortium).
The most obvious defendant in any sexual abuse case is always the individual who committed the abuse or assault. In many circumstances, however, suing the abuser may be futile because they do not have enough money to pay for any damages awarded in the case. For cases involving childhood sexual abuse, the abuser may not be alive.
Fortunately, the abuser is not the only potential defendant in a sexual abuse case. If sexual abuse or assault occurs at a school, church, hospital, or other facility or institution, that institution or school may be liable for civil damages. This is especially true if the abuser is an employee of a school, church, hospital or facility.
EXAMPLE: While Jane was a student at Acme Private School she was abused by her guidance counselor at school, John. Jane can bring a sexual abuse lawsuit against John's Private School and Acme.
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Almost any third party (other than the abuser) can be liable in a sexual assault case if the third party's negligence allows the sexual assault or abuse to occur. One of the most common examples of this is negligence of security cases where a property owner is sued for failing to provide adequate security (eg, cameras, lighting, etc.).
Victims of sexual abuse or assault do not have to pursue criminal prosecution before bringing a civil action against the abuser. Victims can file a civil lawsuit for sexual assault even if they did not report the assault or abuse to the police. There are many reasons why a victim may choose not to report a sexual assault or not cooperate in criminal charges against the abuser.
If the sexual assault is reported to the police and criminal charges are brought, the subsequent criminal proceedings against the abuser also do not affect the victim's right to bring a civil suit. Even if the abuser goes to trial on sexual assault charges and is found not guilty, he can still be successfully prosecuted in a civil suit. Proving sexual assault or abuse in a civil case is easier than proving it in a criminal case.
The burden of proof on a complainant in a case of sexual abuse/assault is lower than the burden of proof faced by the prosecution in a criminal case for the same sexual misconduct. The well-known standard in criminal cases requires proof "beyond a reasonable doubt." This is a very high standard of proof which can be very difficult to meet in sexual assault cases as there is often a "he said/she said" dispute about consent.
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However, when a sexual assault victim files a civil lawsuit, the reasonable suspicion standard does not apply. The burden of proof for civil cases is "a preponderance of the evidence." This essentially requires the plaintiff to show that it is "more likely than not" that the alleged abuse occurred. Juries in sexual abuse cases find it easier to find time in favor of plaintiffs under this lower standard of proof, even if consent is disputed.
The statute of limitations for filing a sexual abuse lawsuit varies by state. Some states have shorter limitation periods of 2 years or less. Some states have a higher limit of 4 years or more. The appropriate time limit for filing a sexual assault case also depends on whether the victim was an adult or a child under the age of 18 at the time of the assault or abuse.
If the victim is an adult (over 18) when the sexual assault takes place, the statute of limitations on their civil claim starts from the date of the assault. Depending on which state the case is in, the statute of limitations can be between 1 and 6 years. In Maryland, claims for sexual abuse or assault are subject to the general 3-year statute of limitations that applies to all tort claims. Md. Code Ann., Cts. & Jud. The Proc. § 5-101.
This means that if John had sexually assaulted Jane on January 1, 2021, she has until 1-1-2024 to file a civil suit against John for assault. If Jane does not sue John before the three-year period ends on January 1, 2024, she is legally barred from suing him.
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If the victim of sexual abuse is a child under 18 when the incident(s) occur, the statute of limitations on their civil suit for assault does not begin to run until they reach majority (18) . Under the 3-year SOL in Maryland for sexual assault claims, this means that if the victim is a minor, they have up to their 21
Let's say that Jane was sexually abused by her youth group pastor, Reverend John, over a period of 3 years starting when she was 7 years old and ending when she was 10 years old. 21
In response to clergy abuse scandals, 15 states recently passed new laws that greatly extend the statute of limitations for victims to file civil lawsuits. These states have significantly extended or completely waived their existing statutes of limitations to allow sexual abuse cases even if the abuse occurred decades ago.
These new rules vary from state to state. Some states have created 1 or 2 year "look back windows" where victims of childhood sexual abuse are allowed to file a lawsuit even if several years have passed. Some states simply extend the statute of limitations for abuse claims. Being sexually assaulted and harassed may be one of the most inhumane times in a person's life, especially if that person is a minor. Unfortunately, this happens all the time on the internet with the advent of many social media platforms where young people can connect. If a minor is arrested by someone the victim looks up to, the act becomes even more irrational. We are currently filing a lawsuit against TikTok, Instagram, and Twitter star Tony Lopez with the popular social media content creation team, The Hype House, for allegations of sexual misconduct against little girls.
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With over 23 million followers on her accounts and over a billion likes, Lopez has a huge fan base of mostly women and girls on social media platforms like TikTok, Instagram, and Twitter. The two plaintiffs who are now making these allegations of sexual misconduct noted that they were open with Lopez about their age, but that the social media influencer seemed to ignore it and continue his behavior through social media platforms.
Do you have information about any wrongdoing by The Hype House LLC or Tony Lopez? Have you been sexually harassed by Lopez or anyone who made Hype House? Contact us today or call (909) 345-8110 to receive a free thoughtful consultation.
According to the complaint, Lopez allegedly lured her fans with private messages of her wealth and fame and lulled them into a false sense of security by offering compliments and innocent conversations. Afterwards, the TikTok star would allegedly ask for the fan's Snapchat username and use the platform's missing messages function to send illegal messages and photos while forcing them to do so. The plaintiffs claim that there are reports of at least three other minor victims of his sexual harassment and that some reports say that Lopez has invited minors to the Hype House mansion where he will lay the groundwork for sexual harassment or attack them.
In February 2020, several of Lopez's followers on Twitter began claiming they had indecent photos of the star. Lopez responded by saying she was a victim of a "catfish" - someone who creates a fake identity online to trick others. However, the pressure continues to mount as more allegations surface from fans with evidence of Lopez's sexual misconduct. The Desperate star tweeted an apology in August 2020 claiming this behaviour
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