Sexual abuse is an event that can traumatize and disempower the victim for the rest of their life. Many survivors require years to come to terms with their experience, and it often takes an enormous toll on their mental health, physical health, and personal relationships.
It is often possible for survivors of sexual abuse to secure financial compensation by bringing a civil lawsuit seeking damages. Survivors can sue their individual abusers, but suing an institution that failed to protect you and enabled the abuse is often more productive.
If you believe you are ready to pursue justice, speak with a California institutional sex abuse lawyer at Phillips Law Group. Our attorneys will review your situation and explain your legal options. If you decide to move forward, we will handle your case with compassion, sensitivity, and a commitment to hold the institution that failed you accountable.
Institutions Provide Environments Where Sexual Abuse Can Happen
Some sexual abuse occurs in the home, but many survivors experience it when they are away from home, in the care of institutions that have an obligation to protect them. There have been hundreds if not thousands of documented cases of sexual abuse occurring at churches, schools, camps, sporting organizations, and service organizations like the Boy Scouts. Unfortunately, organizations that provide services to children and other vulnerable people attract sexual predators.
Children and young adults who live apart from their parents may be especially at risk. Sexual abuse often occurs in boarding schools, foster homes, juvenile detention facilities, shelters for homeless or runaway youth, addiction recovery facilities, and group homes.
Institutional abuse also can occur in healthcare settings. Patients in hospitals, rehabilitation centers, nursing homes, and psychiatric facilities are sometimes abused by staff or other residents. Working with a California institutional sex abuse attorney is the best way to hold these organizations accountable for the harm they cause.
A Civil Lawsuit Requires Proof of Negligence
All these facilities and institutions have a duty to keep the people who use them safe. They have a heightened duty to protect children. When someone suffers sexual abuse on the site of the institution or by someone the institution employs or accepts as a volunteer, the institution is liable.
A survivor can pursue a claim for financial compensation in civil court against the institution, even when they did not report the abuse at the time or pursue criminal charges. An attorney for a survivor in California must prove that it is more likely than not that abuse occurred at the institution and that the institution’s negligence contributed to the situation.
An organization or facility could be negligent if it did not properly screen the abuser before allowing them access to the survivor, or did not supervise the abuser closely enough to prevent harm. If there were prior complaints about the abuser, the institution could be liable for failing to investigate the complaint and take appropriate action. An institution also could be liable for covering up allegations or proof of abuse.
California Law Affords an Opportunity to Sue Long After the Abuse Occurred
California requires most people seeking compensation for personal injuries to file a lawsuit within two years of the event. However, the law recognizes that survivors of sexual abuse face obstacles to coming forward and accommodates that reality to ensure sexual abusers and the institutions that protect them are held accountable.
According to the California Code of Civil Procedure §340.1, when childhood sexual abuse occurs after January 1, 2024, there is no time limit for a survivor to bring a claim against their abuser or an institution that facilitated the abuse. When the abuse occurred prior to 2024, different rules apply.
The California Code of Civil Procedure §340.11 allows someone who suffered childhood sexual abuse prior to 2024 to file a lawsuit up until their 50th birthday. When a survivor did not realize that physical or psychological injuries resulted from childhood sexual abuse, they could file suit within five years of making the discovery. The California institutional sexual abuse attorneys at Phillips Law Group will thoroughly review the details of a survivor’s case to ensure any action is viable and not time-barred.
Although we are specifically investigating cases involving survivors who were abused as minors and who are currently under age 40, we urge you to call our team at 602-222-2222 to discuss your personal circumstances and legal options without delay.
Rely on Phillips Law Group When Pursuing a California Institutional Sex Abuse Claim
Sexual abuse is deeply traumatizing. Many survivors never thoroughly process the experience, while others might require years or decades before they are ready to talk about what happened. Some survivors repress the memories of the abuse and only regain knowledge of the event through intensive work in therapy.
If you are ready to hold the institution that enabled the abuse accountable, contact Phillips Law Group immediately. Our California institutional sex abuse lawyers will help you get justice for the harm that was inflicted on you. Get in touch today.
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