Beyond the obvious physical and emotional challenges sexual abuse survivors face, there are other common legal obstacles they must overcome. Some of these include time limits and adequate insurance coverage to compensate the survivors.

Time Limits

All types of cases have time limits within which one must file a lawsuit. These are usually referred to as “statutes of limitation.” When an abuser injures a child, most states allow the survivor to pursue a case after they reach adulthood; however, the application of this rule varies from state to state.

In addition, sexual abuse can be such a traumatic event that many survivors repress the memory of injury. Many states, including Missouri, recognize extended time when survivors repress memories, though this concept is somewhat unique to sexual abuse cases. Therefore, only attorneys with experience working within these time limits will give you the best chance for success.

Available Insurance

An attorney may be able to obtain insurance funds if an organization knew that an abuser was a threat. However, many insurance policies eliminate or limit the amount of insurance coverage for this specific type of claim. Because of this, it is especially important to work with attorneys who have experience sorting through the complex language found in insurance policies.

If your attorney cannot guarantee that the guilty party will pay the judgement, then it does no good to win your case. Luckily, our attorneys know how to collect in addition to knowing how to win.

There is a difference between a criminal and civil liability case within the justice system. Criminal liability is brought against an individual(s) by the state or federal government in order to protect society, while civil liability is all about the survivor. The attorneys at Monsees & Mayer, P.C. advocate exclusively for survivors.

Criminal Courts

The criminal courts are entirely about the criminal; in this case, the sexual abuser. Cases are handled by a prosecuting attorney, and the purpose of the proceedings is to impose fines or prison sentences upon the abuser.

While some restitution or financial compensation may be awarded to the survivor, the criminal courts are a poor avenue through which to pursue it. This is because the purpose of criminal courts is to protect society as a whole, rather than advocate for individuals’ rights.

The criminal system’s standard of proof is “beyond a reasonable doubt”; in other words, an individual can only be convicted of a crime if the jury is certain the abuser is guilty. Because of this, there are many morally culpable people who escape criminal liability because of this doubt in proof.

Civil Courts

The civil justice system is all about helping sexual assault survivors. Cases are handled by civil attorneys, and the purpose is to obtain compensation for the survivors of sexual abuse. The survivor can seek compensation for the damages they incurred as a result of the sexual abuse: depression, loss of self-esteem or relationships, post-traumatic stress disorder (PTSD), lost income and earnings capacity, medical expenses, and frequently, a lifetime of emotional distress.

The civil system’s standard of proof is relaxed compared to that of the criminal side. The survivor must prove their case by a “preponderance of the evidence.”  In simpler terms, the jury must “believe” the survivor’s case is more likely true than not; the scales must be tipped slightly in their favor. Therefore, even if an abuser escapes punishment in the criminal courts, they can still be punished within the civil court system.

Sexual abuse is traumatic for survivors and the damage it causes can have long-term effects. Therefore, survivors can and should sue their abusers to the fullest extent of the law. Thankfully, the law allows survivors to bring claims against offenders and their organizations, as well as obtain compensation for their injuries and losses, including pain and suffering. Survivors and their attorneys know, however, that the emotional scars left from such assaults often far outweigh the physical injuries.

For example, sexually abused children have a greater tendency to become abusers themselves. Moreover, survivors of sexual abuse are more likely to be re-victimized by future abuse. The long-term effects are devastating and can include depression, alcoholism, drug dependency, anxiety, insomnia, and other self-destructive behavior. These are all common attributes of sexual abuse survivors. In addition, future relationships may become challenging, and it may be difficult for survivors to trust adults.

Depression, anxiety, post-traumatic stress disorder (PTSD), and other emotional injuries are common and can be horrific. Unfortunately, these kinds of emotional injuries are not as visible as physical ones. It is vital, then, that survivors choose an attorney who has experience working with mental healthcare experts to fully prove the psychological injuries from sexual abuse. Healthcare experts can help explain the full spectrum of problems suffered by such survivors, so their assistance is key.

In sum, the coercion and manipulation that invariably accompanies sexual abuse can have devastating physical and emotional consequences that last a lifetime.

At Monsees & Mayer, P.C., we take sexual abuse cases seriously. As unwavering but caring sexual assault lawyers, we have won many significant cases on behalf of abuse survivors.

The cases are emotionally charged. The survivor may be less than willing to talk about their own tragedy. Law enforcement may not fully cooperate in civil litigation. The perpetrator may rely on his or her rights to remain silent, further complicating proof of the case.

By nature, most sexual abuse cases settle confidentially. A majority of these cases depend on the involvement of expert witnesses and the willingness of survivors to testify against their abusers. We are prepared to fight this battle alongside you; contact us about finding your sexual abuse attorney today.

Our extensive experience includes successes involving:

• Abuse cases against numerous churches
  • Including religious organizations that covered up or shielded abusers
• Abuse committed by clergy members, youth ministers, or camp counselors
• Organizations that did not perform proper background checks on staff
  • Including negligent hiring or supervision of sexual predators
• Six- and seven-figure settlements on behalf of survivors and their families

We have the experience, empathy, and determination to help you win this fight.