For children dealing with severe anxiety, depression, eating disorders, or substance abuse issues, temporarily moving into a residential treatment center (RTC) can provide them with the medical and psychological resources they need and help them develop coping strategies for the future. However, troubled adolescents and teenagers can only benefit from treatment if it comes from trustworthy and responsible adults—something that, unfortunately, is not a guarantee in every RTC.
If you or your child were sexually assaulted by a counselor, staff member, or other resident while staying at an RTC, you should strongly consider contacting a sexual abuse attorney for help. Phillips Law Group is ready to help you demand fair financial restitution and pursue the best possible outcome in West Virginia youth residential treatment center sexual abuse lawsuits.
There are no circumstances under which a child who experiences sexual abuse at a youth residential treatment center in West Virginia is ever at fault in a lawsuit. The adult who sexually abused that child is fully responsible for their unlawful actions. However, this does not mean that an RTC employee or resident who commits an act of sexual assault is the only person to whom civil liability can apply.
In fact, there is substantial legal precedent establishing that the owners and administrators of youth RTCs—including government agencies and employees—can be held liable. They can be held vicariously liable for abuse conducted by someone they employed or directly liable for their substandard management and supervision of the minors in their care. Determining all the responsible parties is one of many aspects of a sexual abuse lawsuit that a seasoned attorney can provide invaluable assistance with.
Anyone filing a lawsuit over sexual abuse in a youth RTC should know that they may have a longer time frame to start the legal process than most other civil plaintiffs. This is because West Virginia law establishes a different statute of limitations for childhood sexual abuse lawsuits compared to other personal injury claims. Victims of youth residential treatment center sexual abuse in West Virginia have until their 36th birthday or until four years after the discovery of their sexual mistreatment—whichever is longer—to file a suit.
However, if a parent or legal guardian of a child who was sexually abused at an RTC wants to file a suit on their child’s behalf, they will likely be subject to the standard two-year filing deadline for personal injury claims, starting from the date on which the abuse was first discovered. In both scenarios, it can be crucial to contact legal counsel promptly to ensure as much relevant evidence as possible is still available to incorporate into a lawsuit or settlement demand.
Being sexually abused at a residential treatment facility is an extraordinarily traumatic experience that no one should ever have to go through. If you or your child were mistreated in this way, a compassionate sexual abuse lawyer from Phillips Law Group can guide you through the legal process. We can demand civil compensation to help you restore your normal life as much as reasonably possible.
You deserve justice for the harm you have suffered. Call today to discuss how the litigation process works in West Virginia youth residential treatment center sexual abuse lawsuits.
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