Maryland Sex Abuse Lawyers
Victims of sexual abuse or sexual assault at school, church, work or elsewhere have the ability to file a civil lawsuit and get financial compensation. Civil sex abuse lawsuits can be filed against churches, schools, organizations, private companies and even the state government. A new law in Maryland called the Child Victims Act now allows victims of child sexual abuse to file civil lawsuits decades after the abuse occurred.
Penn Law Firm has extensive expertise in civil sex abuse lawsuits. Our principal attorney, Brien M. Penn, has represented sex abuse and sexual assault victims in civil litigation against churches, schools and the state of Maryland. Our skill and proficiency in the field of sex abuse litigation gives us the ability to deliver meaningful results to our clients.
If you have been the victim of sexual abuse or sexual assault and you are thinking about hiring a sex abuse lawyer, CONTACT US today for a free consultation.
What is Sex Abuse or Sexual Assault?
Sexual abuse, or sexual assault, refers to any form of unwanted or non-consensual sexual contact or touching, typically involving intimate body parts. This behavior ranges from unwelcome touching to violent acts such as rape.
The key factor in defining abuse or assault is the absence of consent. When sexual contact occurs without mutual agreement or consent, it is considered assault. Individuals under the age of 18 are considered minors and lack the legal capacity to provide consent. Hence, any sexual contact between an adult and a minor is viewed as abuse. Each state has criminal laws that precisely outline the specifics of sexual abuse or assault. However, in the context of a civil lawsuit, the definition of sexual abuse tends to be broader in scope.
Filing a Civil Lawsuit for Sex Abuse
Anyone who has been the victim of sexual abuse or sexual assault has the option of filing a civil lawsuit against the individual offender and against any company, school, church or organization that negligently allowed the abuse to happen or protected the abuser. Sex abuse victims who successfully bring civil lawsuits can get significant financial settlements.
Victims of abuse have the option to pursue a civil lawsuit, even if the abuser was never charged with a crime and even if the abuse was never reported to the police or other authorities. The burden of proof required to establish sexual abuse in a civil case is notably lower than in a criminal proceeding. This makes it more manageable to substantiate claims of sexual abuse in civil court. Thus, even if the abuser evades criminal prosecution, they can still be held accountable in civil litigation.
A notable advantage of filing a civil lawsuit for sexual abuse is the ability to target third parties alongside the individual who perpetrated the abuse. Additionally, in civil cases, the victim isn’t solely a witness but a party involved, granting them more authority over the case’s progression, including the ability to halt proceedings.
Who Can You Sue in a Sex Abuse Lawsuit?
You can always sue the individual person (or persons) who committed the sexual abuse or assault. In most cases, however, there is no point in suing the individual abuser(s) because unless they are very wealthy they won’t have money or insurance to pay for any settlement or verdict in the case. Also, if the abuse happened decades ago when the victim was a child, the individual who committed the abuse might be dead.
If you want to get money in sex abuse civil lawsuit, you need to go after third-party defendants such as schools, churches, hospitals, nursing homes, social clubs (e.g., the Boy Scouts) or businesses. These third-party defendants have deep pockets and insurance to pay for settlements and compensate abuse victims. They can also be held liable for the sexual abuse if they were negligent in some way. If it can be demonstrated that the school, church, or any other third party had a responsibility to safeguard the victim or could have taken measures to prevent the abuse, they may be held legally accountable for providing financial compensation to the victim. Below are examples of how third-parties such as schools and hospitals can be held liable in sex abuse cases.
Example 1:
Jane is sexually abused by her middle school teacher Mr. Jack. The school administration had received a number of complaints about inappropriate behavior by Mr. Jack with female students. Despite these complaints, the school failed to investigate and Mr. Jack continued in his position. Jane can sue the school for negligent retention and supervision.
Example 2:
John is a resident patient at a drug rehab hospital program. Patients sleep in individual dorm rooms, but the doors do no lock and there is no security monitoring in the hallways at night. One of the other patients at the facility sneaks into John’s unlocked room at night and sexually assaults him. The hospital can be held liable for negligent security.
In a sexual assault lawsuit, nearly any third party, aside from the perpetrator, can be held responsible if their negligence contributed to the occurrence of the sexual assault or abuse. Negligent security cases serve as a prevalent example, wherein property owners are sued for inadequate security measures (such as insufficient lighting or lack of cameras) that may have facilitated the assault.
New Maryland Law Eliminates Statute of Limitations for Child Sex Abuse Lawsuits
On April 1, 2023, Maryland implemented the Child Victims Act of 2023 (CVA). This legislation was established to facilitate survivors of childhood sexual abuse in filing lawsuits more easily. Under this new law, survivors are empowered to file retrospective lawsuits, even if their claims were previously time-barred by existing statutes of limitations. Additionally, the law eliminates the statute of limitations for all future lawsuits related to childhood sexual abuse claims.
Unlike similar laws in other states that usually incorporate a “lookback window,” the Maryland law takes a different approach by not setting a time limit for survivors to revive expired lawsuits. This unique provision aims to enable survivors to seek justice without the constraints of a specific timeframe. The CVA took effect on October 1, 2023.
Settlement Payouts in Sex Abuse Civil Lawsuits
Sex abuse civil lawsuits have a comparatively high average settlement payout. The potential settlement value of an individual sex abuse case depends on a number of different factors. The 2 most significant factors are (1) the nature and extent of the sexual abuse, and (2) who the defendant is (e.g., church, school, etc.). Overall, the average settlement value of sex abuse lawsuits in Maryland is $225,000-$570,000. The average settlement payout for sex abuse cases against the Catholic Church is somewhat lower because the Archdiocese in Baltimore and many other locations have filed for Chapter 11 Bankruptcy protection which lowers the potential settlement payout on sex abuse claims.
Sex Abuse Settlements and Verdicts
$950,000 Settlement (Illinois)
Minor female Mary Doe, a kindergarten student of an elementary school operated by defendant East Aurora School District 131 was allegedly sexually abused by her teacher, defendant Juan Avendano, resulting in emotional distress. According to the plaintiff’s mother, there had been previous allegations of sexual misconduct made by another minor student regarding the defendant teacher, but the school failed to conduct an investigation of the Avendano, failed to monitor him, suspend him, terminate his employment or restrict his access to minor students. According to Mary Doe and her mother, numerous times throughout the 2016-2017 school year, Avendano sexually assaulted Mary Doe, massaging her genitals, asking her to touch his penis, showing her his penis and asking her to come inside the kindergarten bathroom to kiss him. The plaintiff contended the defendant school district breached its duty of care to protect its vulnerable students from sexual abuse and predators such as Aveendano and that the employees minor students reported to failed in their duty as mandated reporters under state law. The parties reached a settlement of $950,000 with a net recovery to the minor of $621,049.66.
$800,000 Settlement (California)
When they were minors, plaintiffs J.C., T.L.C., D.T. and T.T. were reportedly placed with a foster mother by defendant County of Los Angeles and its Department of Children and Family Services. Plaintiffs were subsequently adopted by the foster mother, and defendant County was reportedly responsible for the investigation and post-adoption monitoring to ensure plaintiffs’ safety at the home. Plaintiffs claimed that during their years in the foster/adoptive mother’s care, they were abused by her biological adult children, including repeated and severe sexual abuse by her adult son, defendant Frank Avery Parker, who frequently visited the home. Plaintiffs brought suit against defendants as adults and alleged causes of action against defendants for negligence and sexual assault/sexual battery.
$8,000,000 Settlement (Washington)
Plff, female age 52. In or around the fall of 2018, Plff V.S. developed a urinary tract infection and was admitted to Swedish Hospital. Plff had advanced stages of Multiple Sclerosis and needed an electric wheelchair. Most of her body was paralyzed. Plff was transferred from Swedish Hospital to Foss Home and Village in North Seattle, Washington. Plff lived at Foss Home as a full-time resident from the fall of 2018 through the summer of 2019. At Foss Home, Plff was sexually assaulted, abused, and neglected by a man named Nshimiyiana Hamzat, a Foss Home employee. Some of the sexual assaults of Plff were caught on a hidden video. Plffs contended that Foss Home knew about the high risk of harm that Plff or other vulnerable adults would be sexually abused, and despite the high risk of harm, Foss Home did not take reasonable precautions to protect Plff from sexual abuse and neglect. Plffs claimed that Foss home knew or should have known that Hamzat was dangerous and causing Plff harm.