Understanding Your Rights After Sexual Abuse: A Legal Guide

Sexual abuse is incredibly damaging in many ways, including physically, emotionally, and even socially. When a traumatic event like this occurs, it’s often confusing to know what your legal rights and next steps are. With potential time limits, reporting apprehension, and safety concerns, many survivors avoid reporting the incident altogether. While you always have a choice, it’s ideal to make a more informed one. The first step is knowing what rights you have concerning the sexual assault.

The Right to Report

You always have the right to be heard. If you’re apprehensive due to the abuser denying what happened, or the incident taking place a long time ago, you still have the right to report what happened. While pursuing a lawsuit is subject to a statute of limitations, there isn’t a time limit for reporting the incident, confiding in others, speaking your truth, or learning your legal options. You should do whatever you need to get closure and feel protected.

Pressing Criminal Charges

You have the option to report your abuse to the police if you desire. If you press criminal charges, police will begin an official investigation. If convicted, your abuser may face punitive damages, which can include house arrest, jail time, community service, or fines, depending on the specific charges. There is no guarantee that the abuser will be convicted, but many survivors feel justice and closure from pressing criminal charges. If convicted, it can even prevent further harm from this particular abuser.

Pursuing a Civil Case

Survivors have an alternative option other than pressing criminal charges. They can pursue litigation through civil court. While the abuser won’t be convicted of a crime, they can be held liable for injuring or damaging you. The survivor would have to file a lawsuit with the civil court, and if the case is won, they can be rewarded with financial compensation for damages. Examples of compensation can include medical expenses, lost wages, and emotional distress. You don’t have to choose one option over the other; you can press criminal charges and pursue a civil case if desired.

Suing Institutions

While sexual abuse is often committed by a single individual, a larger institution can be held liable if it failed to put proper protections in place to prevent such crimes from taking place. Workplaces, schools, or even churches can be held liable if they did not provide adequate background checks, ignored red flags, or even tried to cover up the abuse. The entire Roman Catholic Diocese of Lansing in Michigan has been under fire for sexual abuse allegations due to previous attempts to sweep them under the rug. If sexual abuse occurred due to the negligence of a larger systemic institution, you may want to consult with your attorney about your rights and options. 

Statute of Limitations

While you always have the right to report your abuse and seek protection, you may have a limited amount of time in which to pursue formal litigation or criminal charges in court. This time limit is referred to as a statute of limitations. The statute of limitations varies depending on where you’re located, the type of crime, and even the type of lawsuit. On average, it can range from one to three years, but exceptions apply. The sexual abuse statute of limitations may be waived, especially in cases where children were involved. You can consult with your attorney to see if the statute of limitations would apply to your case.

Right to Legal Representation

Regardless of the type of case you have, you always have the right to an attorney. It can be daunting to face complicated legal paperwork or court proceedings alone, but it’s commonplace and typically expected to have legal representation at your side to help you. Most average people don’t understand complicated legal processes or specific rights; attorneys are meant to be your legal experts. Don’t let anyone discourage you from obtaining an attorney; most initial consultations are free, and many won’t take fees unless a case is won.

Right to Protection

Many survivors don’t realize that they have a legal right to protection from physical violence and harassment from others. You have the right to lean on law enforcement, attorneys, and the justice system to protect you and defend yourself. If you’re running from harm or are afraid of it at home, at your job, in your school, or elsewhere, you have every right to take action to defend yourself and seek help from others. 

Conclusion

When you understand your rights, you can make more informed decisions about what your next steps are after a traumatic event like sexual abuse. You don’t need to continue to live in fear or without closure. You can seek an attorney, report the abuse, protect yourself, pursue criminal charges, or file a civil lawsuit. There may be time limits for official criminal charges, but they may even be waived in sexual abuse cases. Speak with your attorney about your options. You’re not alone, and you have every right to seek protection and justice.