Delaware Sexual Abuse Lawyer

Victims of sexual abuse often have a challenging time coming forward about what happened to them.  They question whether they will be believed or whether they will be taken seriously, and they are often deeply embarrassed about what happened.  Our lawyers stand up to fight for these brave survivors, working to get justice for what happened to them.

Our attorneys can help you file a civil lawsuit against the individuals and institutions responsible for your abuse.  Whether you were abused recently as an adult or decades ago as a minor, we can look into the relevant laws and statutes of limitations on your case and seek to file a claim that reimburses you for the economic and non-economic damages you suffered.

For help with your case, call our sexual abuse lawyers at The Law Office of Andrew Shubin today at (814) 826-3586.

How Long Do You Have to File a Sexual Abuse Lawsuit in Delaware?

When you have a potential case, you need to file it within the allotted “statute of limitations.”  Failing to do so can mean losing your case.  The time limit for your specific case will depend on when it happened and how old you were at the time of the abuse.

Generally speaking, courts count the statute of limitations period from the end of the last date of abuse when there was an ongoing pattern of abuse.  If you are still being abused, you should contact our sexual abuse lawyers, but you should also go to the police and report what is happening to you.

If you were an adult when the abuse took place, your time limit to file will likely be the same as most other personal injury cases, meaning the claim must be filed within 2 years under 10 Del. C. § 8119.  This rule applies to most injury and sexual abuse cases, regardless of when they happened.

When it comes to sexual abuse of a minor, the time limit for filing will depend on when the abuse happened.  For those abused after 2007 when the law was changed, there is no limit on how long you have to file your case.  This rule comes under 10 Del. C. § 8145.  However, if your abuse occurred before 2007, then you might be subject to the old statute of limitations – which would have been the same 2-year statute of limitations period discussed above.  This means the deadline to file might have passed over 15 years ago.

Given that most people abused as children do not come forward until well into their 50s, it is likely that many cases will still be barred by this statute of limitations.  However, it is important to talk to a lawyer, given that there are always changes being made to these laws, and it is possible there could be additional periods opened up, during which you can file previously expired cases.  For example, when the original statute of limitations changed in 2007, they opened a 2-year period for previously expired cases to be filed.

Suing Institutions for Sexual Abuse in Delaware

When an individual sexually abuses someone – often a child – then the fault might not stop with them.  Many institutions, like churches, schools, camps, and scouting organizations, all have a structure that might have ignored this abuse or even given the abuser the opportunities they had.  Claims can sometimes be filed against these institutions to hold them responsible for their role in the abuse.

Many claims are based on negligent hiring and retention.  This claims that the institution failed to properly vet its employees, allowing someone they should have known was an abuser near children.  There could also be a claim that once there was a previous case of abuse, they should have fired the employee.  Since they did not, they maintain some responsibility for future abuse.

Failing to properly investigate and fire a known abuser might also be a case in its own right, especially when Title IX is involved.  In educational institutions that get federal funding – which, of course, includes schools, but also libraries, museums, and more – there must be proper investigation and punishment of staff if there are accusations of sexual abuse.  If this did not happen, and you were left to be abused because they failed to investigate past cases, you can often sue.

Additionally, some cases involve intentional cover-ups, such as moving staff or priests to a new community where they have an opportunity to abuse new people.  It may even involve destruction of records proving they knew about past abuse.

In many cases, lawsuits against institutions allow victims to recover compensation that they might not have been able to recover against an individual abuser, especially when the abuser was a priest, teacher, camp counselor, or other low-income or volunteer worker at the institution.

What Constitutes Sexual Abuse Under Delaware Law?

In most cases filed for sexual abuse of an adult, you will be suing for assault and battery.  This means that nearly any unwanted touching can be the basis for your lawsuit.  This could include anything from unwanted touching to groping/molestation to outright rape.  However, when it comes to lawsuits that have no statute of limitations for sexual abuse of a minor, the law requires that the acts fall under the criminal definition of at least one sexual abuse crime.

Under Title 11, Chapter 5 of the Delaware Code’s Subsection II and Subsection V, there are a number of crimes involving the mistreatment, abuse, and sexual abuse of children.  The conduct listed in these acts ranges broadly, including unwanted touching, sexual touching, penetrative sex, and many other things in between.  As such, the specific conduct in question often will not be criticized or scrutinized to see if it meets the statute of limitations’ requirements.  Instead, it will only need to be proven in court to see if it meets the definitions in these criminal statutes and the burden of proof requirements for a successful claim.

Call Our Delaware Sexual Abuse Lawyers for Victims and Survivors Today

Call (814) 826-3586 as soon as you can for a free, confidential case assessment with our Delaware sexual abuse lawyers at The Law Office of Andrew Shubin today.