Legal Guidance for Families Dealing with Childhood Sexual Abuse

Learning your child has been the victim of sexual abuse is a nightmare for a parent. However, it’s important to understand that you may have legal options in these circumstances, that will help not only your child, but also potentially prevent similarly horrific events from occurring to other children and families in the future.

Naturally, if there is sufficient evidence for law enforcement to make an arrest, prosecutors may decide to file criminal charges against your child’s abuser. That said, your child may also be eligible to receive financial compensation for their trauma.

Navigating these circumstances can be very difficult. Along with addressing overwhelming emotions, you must also follow proper procedures to seek the compensation your child may deserve.

The following overview will provide you with valuable information about this topic. The best way to learn more about your options is to discuss your case with a childhood sexual abuse attorney qualified to serve your needs.

Options for Seeking Compensation for Childhood Sexual Abuse in Masachusetts

There are many reasons to strongly consider meeting with a legal professional to discuss your case in greater detail if your child was sexually abused. A lawyer can help you better understand how you may pursue compensation, as your options can vary depending on numerous factors.

For example, perhaps the individual who sexually abused your child is a teacher, religious figure, or other representative of an institution. If so, you might first seek compensation by filing a claim or lawsuit against said institution. In such a circumstance, your lawsuit may help uncover unimaginable abuses of other children, and could help expose institutional failures that must be corrected.

On the other hand, you might have to directly sue an individual if the person who abused your child isn’t a representative of a larger organization.

There’s no way to say for certain how you should seek compensation for your child without knowing the details of your case. Discuss the matter with an attorney to determine who should potentially be the target of your claim or lawsuit.

Signs of Childhood Sexual Abuse

Children may not openly speak about their experiences when they’ve been abused. As a parent, you may need to monitor your child for signs of sexual abuse. A medical or mental health professional must always be consulted, however some warning  signs to be on the lookout for include:

• Bruising or other signs of abuse around the genitals or other sexual areas
• Changes in a child’s mood, demeanor, or overall personality
• A child seeming to possess advanced sexual knowledge for someone of their age
• Regressing to behaviors like bed-wetting, thumb-sucking, etc.
• Changes in appetite
• Changes in school performance
• Behavioral changes

Of course, sexual abuse may not be the cause of these changes, but such signs might at least lead to consultation with medical and other health care professionals who can provide insights based on their training and experience.

Investigate the matter further if you believe someone may have abused your child. In the meantime, whenever possible, remove your child from the situation or environment that puts them in contact with their potential abuser.

What Types of Losses Can You Seek Compensation For?

The losses for which you may seek compensation on behalf of your child can also vary on a case-by-case basis. For example, if your child was the victim of sexual abuse, they may have needed to undergo medical treatment. In addition, they might need therapy or other such interventions to help them cope with their trauma.

You or your child shouldn’t have to pay for these treatments when the very reason they’re necessary is because someone else committed abuse. By suing the person who abused your child (or the institution of which they were a representative), you can potentially recover compensation to help address such past and future costs, in addition to compensation for severe, and potentially permanent emotional scarring

In some states, ajury may also award punitive damages if you go to trial. Unlike compensation, punitive damages aren’t meant to actually compensate someone for a specific loss they incurred as a result of abuse. Instead, their function is to punish abusers. A jury may thus award punitive damages on top of any other compensation they award.

Be aware that punitive damages are only available when you go to trial. You may not receive such damages if you settle your case out-of-court. That said, settling a case out-of-court may be the best course for your family, though such decisions can and should be made with your legal counsel.

You’re Not Alone When Seeking Compensation for Your Child

Again, learning that your child has been the victim of sexual abuse can be a devastating experience for a parent. You simply need to remember that help is available if you wish to pursue compensation on behalf of your child.

At Swartz & Swartz, P.C., a Boston childhood sexual abuse attorney is available to review your case and discuss how you may proceed. Learn more about what we can do for you by contacting us online today or calling us at (617) 742-1900 to schedule your free consultation.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.