What are the legal options for families after child sexual abuse? After child sexual abuse, families have the legal option to report the abuse, file charges, pursue protective orders, benefit from extended time limits for actions, and recover compensation for losses that the child endured.
A Las Vegas sexual assault lawyer can help you or your family understand your options, rights, and navigate the legal process.
Families Can and Should Report Child Sexual Abuse
Children are vulnerable members of our society, and steps should be taken to protect them from sexual abuse. If you’re a parent, it’s important to report suspected or discovered child sexual abuse as soon as you become aware of it. Reports should either be made to law enforcement or a local child services agency, depending on whether the abuse originated outside or inside the family unit.
Parents aren’t the only ones who can report sexual abuse. Throughout different professions, some individuals are designated as mandated reporters. This means that if they suspect your child is being sexually abused, they are required to report it. If they fail to report it, they can be held liable for harm coming to your child. These individuals include school personnel, medical professionals, and more.
Regardless of who reports the abuse, families have the right to stop abusive behavior by filing a report so children are not subjected to further abusive activities. Reporting sexual abuse also ensures that there is a record of what occurred, which can be important in a legal case to hold the perpetrator accountable.
Families Can File Charges Against a Child Sex Offender
Learning that your child has been sexually abused is a horrific discovery that can leave you with a myriad of feelings, from anger to sadness for your child. While it cannot undo what your child has suffered, filing charges against the perpetrator can be a step toward getting justice and seeking closure for your family.
When a child has been sexually abused, criminal and civil charges can be filed. These are two types of cases, and they serve different purposes. Criminal cases are handled by prosecutors, who bring charges against offenders. Convicted child sex offenders generally receive extensive prison sentences for their crimes.
Families also have the option to file a civil lawsuit to recover compensation to offset the cost of medical care and suffering your child has experienced. By hiring a lawyer, families can learn what an intentional tort is and what legal options they have in their particular circumstances. In this type of case, evidence must be provided to show that another person caused your child harm.
Families Can Petition the Court for a Protective Order
Among the legal options for families, they can also file for a protective order to prevent a perpetrator or other family member from accessing the abused child. A protective order can provide temporary protection for the child right away. Through a court process, parents can apply for an extended protection order, according to NRS 33.400.
Through a protection order, the perpetrator must stay away from the child’s home, school, or place of employment. They must also not try to contact the child in any way. If the protection order is violated by the perpetrator, they could be charged with a gross misdemeanor for a temporary order or a Category C felony for violation of an extended order.
This option not only provides protection for your child but also offers peace of mind for your family. A lawyer from our team can help you determine what type of protection order you may need and guide you through the legal process to secure one.
Families Have Extended Time to Take Legal Action
Many cases have statutes of limitations in place to ensure that claims are resolved in a timely manner. While the limits on most cases are generally just a couple of years, the limitations for child sexual abuse cases diverge from what’s normal. Parents may either file a civil lawsuit on behalf of their child, or the child can file a lawsuit themselves once they turn 18.
According to NRS 11.215, parents or the child can file a civil lawsuit at any time for child sexual abuse. This is important for a few reasons. This extra time protects and benefits the child so they can still recover damages for what they suffered. Children may also not realize they’ve been abused until they are older, so this statute ensures that they can pursue justice for past abuse.
Additionally, if another party financially benefited from child sexual abuse, such as in the case of child pornography, then the time limit for filing a claim is 20 years after the child turns 18. Furthermore, if a child suffers multiple acts of sexual abuse or exploitation, they do not have to demonstrate during a case which specific act caused the injuries they sustained.
Families Can Recover Compensation
Whether parents file a claim on behalf of their child or the child files their own claim when they are of age, certain losses that are suffered because of sexual abuse can be recovered through a settlement. Compensation from a civil lawsuit for child sexual abuse may include:
- Cost of medical care
- Counseling costs
- Lost wages or future earnings
- Emotional and psychological suffering
- Pain and suffering
- Reduced quality of life
- Punitive damages
Receiving compensation can make a considerable difference after child sexual abuse. It can also be challenging to secure at times. However, legal representation can help with calculating the value of your child’s case and gathering evidence that can strongly support your claim about what happened and secure results.
Learn How H&P Law Can Help Your Family After Child Sexual Abuse
Child sexual abuse is an unspeakable horror, and H&P Law provides compassionate support to help your family through this difficult time. Our team is sensitive and discreet, and uses our legal knowledge and skills to fiercely fight for your child so they receive the resources they need to begin to heal. Schedule a free consultation to learn more about your family’s legal options after child sexual abuse.
