Can You Make a Claim for Recovery in a Child Sexual Abuse Case?

Jan 12, 2024 | Sexual Abuse

Understanding Insurance Policies

Proving the abuse and resulting damage suffered by the victim is always a significant challenge. However, one of the greatest obstacles is securing adequate insurance coverage for survivors. Most homeowner’s policies include one or a combination of two barriers to coverage.

These limitations can severely impact a survivor’s ability to receive compensation and support. Recovery in child sexual abuse cases often depends on navigating these insurance-related challenges. Without proper coverage, financial justice for survivors can be difficult to achieve.

Limitations

Either coverage is offered at a lesser amount than the limits that apply to other events (e.g., a dangerous condition on the property); or

Exclusions

One common exclusion denies coverage entirely for losses from intentional or sexual acts committed by an insured.

Monsees & Mayer, PC Can Help You

Our experienced Missouri recovery of child sexual abuse lawyers are here to help you through this challenging journey. We want to help victims/survivors get their voice back and take the first steps towards healing.  Contact Monsees & Mayer at (816) 361-5555 so we can assist you or a loved one seeking justice against perpetrators. Our legal team is here to listen, support, and fight for your rights.

Ryan Frazier

Ryan Frazier

Position: Shareholder

Office: Springfield

A Springfield native, Ryan Frazier is a dedicated advocate for victims of sexual abuse and personal injury. He graduated cum laude from the University of Missouri with a Bachelor of Science in Business Administration, specializing in finance with a minor in economics. He then earned his law degree from the University of Missouri-Kansas City School of Law, where he honed his advocacy skills as a mock trial competitor, traveling across the country for competitions.

*This blog post is provided for informational purposes only and does not constitute legal advice or create an attorney–client relationship. While Monsees & Mayer strives to ensure the accuracy of the information presented, laws and legal interpretations are subject to change. Content on this site may not always reflect the most current legal developments. For advice regarding your specific situation, please contact Monsees & Mayer directly.

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Witness Statements As Critical Evidence

Witness statements provide crucial evidence to support claims of sexual abuse. They help establish a timeline of events, reveal details about the abuse, and identify potential suspects. However, witness testimony must be carefully evaluated for accuracy and reliability.

Interviewing witnesses promptly after the alleged abuse is reported maximizes the chance of obtaining an accurate statement. As time passes, memories can fade or become distorted. Witnesses should be interviewed separately to avoid influencing each other’s recollections.

Look for witnesses who were present around the time of the alleged abuse and may have observed interactions between the victim and suspect or noticed signs of distress. Teachers, caregivers, family members or neighbors are examples. Their statements can corroborate the victim’s account and provide additional details.

Evaluate witness credibility by considering factors like:
  • Their relationship to the victim and suspect. Unbiased third parties may provide more objective testimony.
  • Consistency of statements over time. Contradictions may indicate unreliability.
  • Vested interests that could motivate false testimony. Look for witnesses with no obvious agenda.
  • Their opportunity to observe relevant events. Statements from those frequently with the victim and suspect are more credible.
  • Age, mental state, sobriety and other factors that could impact perception or memory.

Compare witness statements to look for both consistencies and inconsistencies in the details. Consistencies increase reliability while inconsistencies should be explored further. Witness testimony, combined with other evidence like medical reports, can provide persuasive support for claims of abuse. However, no single piece of evidence should be viewed as definitive proof. A preponderance of consistent and collaborative evidence is needed to substantiate such serious allegations.

How Cell Phone Data Can Provide Crucial Proof

Digital evidence from cell phones should be interpreted carefully, as there are limitations. Data can be imprecise or misleading, and records may be unavailable or incomplete. However, when used properly, cell phone data provides an objective, factual record that supports or refutes claims made by involved parties. In sexual abuse claims where evidence is often scarce, cell phone data can make a critical difference. By triangulating data from multiple sources, investigators can build a compelling timeline of events to support charges and secure a conviction.

Call Detail Records

Call detail records (CDRs) provide the date, time and duration of calls and messages. CDRs are useful for establishing communication patterns between individuals, especially around the time of the alleged offense. An abrupt change in calling behavior could indicate a significant event occurred. CDRs may also reveal the locations of the cell towers accessed during a call, providing further location details.

Cell Towers

Cell phones constantly transmit data to cell towers, which creates digital records that provide location information. This data, obtained through a search warrant, can reveal where individuals were during key points in time.

Cell Site Location Information

Cell site location information (CSLI) pinpoints which cell tower was accessed by a phone at a given date and time. Although not precise, CSLI can narrow down someone’s location to a few city blocks. By analyzing records over time, investigators can track the general path a person traveled. CSLI is often used to corroborate or challenge statements made by victims, witnesses or suspects regarding their whereabouts.

Precision Location Information

More advanced technologies like precision location information (PLI) rely on GPS and Wi-Fi to identify a phone’s location within a few meters. PLI produces a nearly minute-by-minute account of where a phone has been, providing critical evidence for timelines of events. However, legal access to PLI typically requires a search warrant due to privacy concerns.

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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.

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