Sexual Abuse Lawyer
Schedule a Consultation
meet our team
About Monsees & Mayer
Decades of Experience in sexual abuse litigation
Millions Recovered for survivors
Trauma-Informed Legal Advocacy
No Upfront Costs – We Win, You Win
Seeking Justice With A Sexual Abuse Lawyer
A sexual abuse lawyer can help you, should you decide to pursue legal action against your abuser. There are a few options to consider with civil lawsuits. Civil suits aim to compensate the victim for damages from the abuse.
File a Personal Injury Lawsuit
If the abuse caused physical or psychological harm, you may have grounds for a personal injury claim. In a personal injury lawsuit, you can seek compensation for costs of medical care, therapy, and other expenses related to the abuse. You can also claim non-economic damages for pain and suffering. These cases typically have a statute of limitations, so consult with an attorney promptly.
Sue for Intentional Infliction of Emotional Distress
Where the abuse was extreme, outrageous, and caused severe emotional trauma, you may pursue a claim for intentional infliction of emotional distress. To win an IIED claim, you must show that the abuse was so extreme that it caused distress, and the abuser acted intentionally or recklessly. Damages can include compensation for therapy, medication costs, and pain and suffering.
- Consult with a sexual abuse attorney to discuss the details of your case and determine the best legal strategy. They can advise you on the merits of different claims and likelihood of success.
- Gather evidence to support your case like medical records, therapy notes, journals detailing the abuse, and statements from witnesses.
- Be prepared for a potentially lengthy and emotionally taxing legal process. Lawsuits can take years to resolve. Discuss coping strategies with your attorney and therapist.
- Seek the advice of an attorney for their professional opinion before filing a lawsuit. They can advise you on the merits of your case, likelihood of success, and potential compensation. Ultimately, justice comes in many forms and needs to be the right choice for your situation.
How Long You Have To File A Lawsuit With A Sexual Abuse Attorney
While time limits aim to prevent fraudulent claims, many advocates argue they unjustly protect abusers. Some states have reformed their laws by extending or eliminating limits. Our sexual abuse lawyers can help determine the time limits of your case.
Statute of Limitations for Sexual Abuse Cases Involving Minors
For civil claims of childhood sexual abuse, most states have amended or temporarily suspended the statute of limitations. This allows victims to pursue legal action against their abusers later in life.
- Typically, it begins to run when the victim turns 18 years old or discovers the abuse.
- Some states have extended or eliminated time limits for survivors of childhood sexual abuse to file a civil lawsuit.
- Some states have enacted “window legislation” which temporarily lifts the statute of limitations, allowing past victims a limited window of time to file a claim.
- Most states recognize that victims of childhood sexual abuse may need decades to come forward due to trauma, shame, and fear.
Statute of Limitations for Adult Survivors of Sexual Abuse
As an adult survivor of childhood sexual abuse, you may be able to file a civil lawsuit against your abuser. However, there are time limits for filing such claims. These limits vary significantly between states and depend on factors like:
- Your age at the time of abuse: The time limit typically begins when a victim reaches the age of majority (18). Some states provide “delayed discovery” provisions allowing victims to file suit within a certain time period after discovering the abuse’s impact.
- The nature of abuse: The time limit may differ for claims like negligence versus intentional acts. Some states have eliminated time limits for the most egregious acts like forcible rape.
- Where the abuse occurred: The state where the abuse happened determines which law applies. It is also important to understand whether the abuse occurred in a home, at work, or at another location.
Difference Between a Civil and Criminal Sexual Abuse Case
There is a difference between a criminal and civil liability case within the justice system. Criminal liability is brought against an individual(s) by the state or federal government in order to protect society, while civil liability is all about the survivor. The attorneys at Monsees & Mayer, P.C. advocate exclusively for survivors.
Criminal Courts
The criminal courts are entirely about the criminal; in this case, the sexual abuser. Cases are handled by a prosecuting attorney, and the purpose of the proceedings is to impose fines or prison sentences upon the abuser.
While some restitution or financial compensation may be awarded to the survivor, the criminal courts are a poor avenue through which to pursue it. This is because the purpose of criminal courts is to protect society as a whole, rather than advocate for individuals’ rights.
The criminal system’s standard of proof is “beyond a reasonable doubt”; in other words, an individual can only be convicted of a crime if the jury is certain the abuser is guilty. Because of this, there are many morally culpable people who escape criminal liability because of this doubt in proof.
Civil Courts
The civil justice system is all about helping sexual assault survivors. Cases are handled by civil attorneys, and the purpose is to obtain compensation for the survivors of sexual abuse. The survivor can seek compensation for the damages they incurred as a result of the sexual abuse: depression, loss of self-esteem or relationships, post-traumatic stress disorder (PTSD), lost income and earnings capacity, medical expenses, and frequently, a lifetime of emotional distress.
The civil system’s standard of proof is relaxed compared to that of the criminal side. The survivor must prove their case by a “preponderance of the evidence.” In simpler terms, the jury must “believe” the survivor’s case is more likely true than not; the scales must be tipped slightly in their favor. Therefore, even if an abuser escapes punishment in the criminal courts, they can still be punished within the civil court system.
Our Proven Results
Evidence Our Sexual Abuse Lawyers Use To Help Win Your Case
Corroborating evidence refers to information that supports or confirms the claims made by an alleged victim of sexual abuse. This evidence helps establish that the abuse likely occurred. Some examples of corroborating evidence in these cases include:
- Medical evidence: Examinations may reveal physical signs of abuse like bruising, lacerations or sexually transmitted infections. DNA or seminal fluid from the perpetrator can also be recovered.
- Witness statements: Accounts from individuals who observed suspicious interactions, behavioral changes in the victim, or other relevant details can provide crucial corroboration. Teachers, counselors, relatives and friends may provide witness statements.
- Behavioral or emotional changes: Drastic changes noticed by parents, teachers or doctors such as withdrawal, aggression, regression, anxiety or depression may corroborate allegations of abuse when the timing coincides with the reported incidents.
- Consistency of statements: If the victim’s accounts of events remain consistent over multiple interviews, their statements are more credible and help validate claims of wrongdoing. Inconsistent or contradictory statements, on the other hand, undermine the strength of the evidence.
- Circumstantial evidence: Things like love letters, gifts, photos or records of phone calls between the perpetrator and victim may provide context to support allegations of an inappropriate relationship, especially if the victim is a minor.
The more types of evidence that can be gathered to confirm the victim’s testimony, the stronger the case becomes against the accused perpetrator. Corroborating evidence is critical for securing convictions in sexual abuse cases. By understanding the different forms this evidence may take, investigators and prosecutors can build a comprehensive argument to present in court. Our sexual abuse lawyers leverage a comprehensive array of evidence to bolster your case and secure the compensation you deserve. You can trust that we will tirelessly fight for your rights and provide the compassionate support you need throughout the legal process.
The Impact Of Sexual Abuse
The sexual abuse attorneys at Monsees & Mayer understand that non-consensual sexual interactions, such as sexual abuse and assault, can have devastating and long-lasting impacts on victims. The trauma from these experiences often manifests both physically and psychologically.
Physical Impacts
Victims of sexual abuse may experience physical injuries like bruises, cuts, and broken bones. Research has demonstrated that individuals who experience sexual assault during childhood are more likely to engage in risky behaviors later in life, such as:
- Smoking
- Alcohol and drug use
- Disordered eating habits
Sexually transmitted infections and diseases are another concern, especially if protection was not used.
Psychological Impacts
The psychological impacts of sexual abuse tend to be severe and long-term. Common issues include:
- Post-traumatic stress disorder (PTSD): Reliving the traumatic experience through flashbacks, nightmares, and frightening thoughts.
- Anxiety and depression: Feelings of fear, worry, low mood, and low self-esteem.
- Difficulty forming relationships: Challenges with intimacy, trust, communication and setting boundaries.
- Substance abuse: Using drugs, alcohol, or other substances as a way to cope with emotional distress and numb painful memories.
- Self-harm: Engaging in behaviors such as cutting, burning, or other self-inflicted injuries.
- Eating disorders: Struggles with unhealthy eating habits and body image.
Effects on Daily Life
The effects of past sexual abuse or assault can permeate into many areas of a person’s daily life. Victims may have trouble maintaining a job or pursuing an education due to impaired concentration and difficulty functioning. Parenting or other caregiving roles can also be impacted. The trauma of these experiences can unfortunately shape a person’s beliefs, choices and interactions for years to come.
With professional support, the impacts of sexual abuse can be healed and overcome. However, it is a difficult process that often takes time, courage and commitment to address these deep wounds. Contact our sexual abuse lawyers to get help receiving the compensation you deserve for these devastating impacts. We can help hold perpetrators accountable.
File A Sexual Abuse Lawsuit With Our Lawyers
At Monsees & Mayer, P.C., our sexual abuse lawyers masterfully and compassionately represent the survivors of sexual abuse. Our attorneys have decades of experience helping survivors in Missouri and Kansas, and we want to help you, too. If you or a loved one has been sexually abused, contact our attorneys today