Alabama Sexual Abuse Lawyer Representing Victims

Item: The Law Office of Andrew Shubin
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Author: Tina L

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Fighting For Important Causes In State And Federal Courts

Sexual abuse might happen at any time during a person’s life. Some are abused during adulthood, perhaps by a spouse or romantic partner. Many others are abused during childhood when they are too young to do anything to stop it. Getting justice through the criminal courts is not always easy or possible, but you may file a civil lawsuit to get justice.

Call a lawyer about your civil sexual abuse claim as soon as possible. Alabama has some of the most restrictive statutes of limitations when it comes to civil cases for sexual abuse. Someone abused during adulthood has only 6 years to file a case. A victim of childhood abuse has until age 25. Your attorney can help you file your lawsuit before the limitation period is over and claim various damages. Damages might involve economic losses, non-economic injuries, and possibly punitive damages. Proving your claims might be challenging, especially if the abuse was from many years ago. However, evidence may still be out there, and we will help you find it.

Get a private case evaluation for free by calling our sexual abuse lawyers representing victims at The Law Office of Andrew Shubin at (814) 826-3586.

When You Should Call a Lawyer About Filing a Civil Claim for Sexual Abuse in Alabama

One of the biggest hurdles in many civil cases for sexual abuse is that plaintiffs often wait many years before coming forward with their claims. Sexual abuse, especially childhood sexual abuse, can be extremely hard to reckon with on a psychological and emotional level. Many are not prepared to face their abusers until decades after the abuse. However, waiting too long is not a good idea because plaintiffs have a limited amount of time in which they can file a case. If this time passes, they might be forever barred from filing their claims.

Statute of Limitations

The statute of limitations for civil claims of childhood sexual abuse is located under Ala. Code § 6-2-8(b). This law applies to those who experienced sexual abuse before the age of 19. Victims have 6 years from the date they turn 19, or until age 25, to file a case. Put another way, people who were sexually abused at age 5, 10, or 15 all have until their 25th birthdays to file civil cases to recover damages for the abuse they endured.

While this might sound like a long time to prepare a case, it really is not. People who experience sexual abuse as kids often wait many years before coming forward. It is normal for people to wait until they are in their 40s, 50s, or even older before reporting abuse. As such, this is a very tight limitation period, and you should call our sexual abuse lawyers representing victims immediately.

For adults, the limitation period is even shorter. Under § 6-2-34(1), a person has 6 years from the date of the most recent incident of abuse to file a claim. This might make it nearly impossible for some people to file claims. They might still be in a relationship with the abuser or still fear retaliation if they report the abuse. Your attorney can help you report the abuse to law enforcement and begin preparing a civil case.

Possible Changes in the Statute of Limitations

The statute of limitations in Alabama for sexual abuse cases is notoriously restrictive, but lawmakers in the state have been trying to make changes for the better. In 2023, a new bill, SB 127, was introduced in the Alabama legislature to change the statute of limitations regarding childhood sexual abuse claims. The new law would have extended the 6-year limitation period to 36 years, giving plaintiffs until age 55 to file a case rather than age 25. Additionally, the bill would have acted retroactively. Civil claims for sexual abuse that would be time-barred by the time the bill passed may be reopened under the new limitation period.

Unfortunately, this bill did not pass, and the current statute of limitations remains in place. Alabama has some of the harshest statutes of limitations for childhood sexual abuse in the entire United States. While these limitations remain highly restrictive, lawmakers continue pushing for improvements. Even if you believe you might be out of time, talk to a lawyer. Changes in the law might give you a new opportunity to seek justice.

Damages Available in Alabama Civil Cases for Sexual Abuse

Damages might be tricky to evaluate. Since so many cases involve abuse claims from a number of years ago, the cost of some damages might be hard to determine, or they might simply no longer matter to plaintiffs. However, costs, psychological trauma, and possibly more might be on the line.

Compensatory Damages

Your compensatory damages are awarded based on specific losses or injuries you experienced as a direct result of the abuse. Many damages are considered economic damages because they cost you money and can be proven with evidence like receipts or bills. Other damages are non-economic. They are often more subjective and rooted in personal experiences rather than costs and expenses.

Economic damages in sexual abuse claims are not known to be terribly significant, but you might still have something to claim. For example, if the abuse was violent and caused injuries, you might have needed expensive medical care. You can claim such damages even if your hospital bills are from many years ago.

Non-economic damages tend to be more substantial in these cases because sexual abuse often leaves deep psychological and emotional scars. Many victims never fully get over what happened to them, and they deserve fair compensation. Emotional suffering and distress, trauma, and the deep-seated fear instilled in you by the defendant are worth valuable compensation.

Punitive Damages

Punitive damages are meant to punish defendants rather than compensate for the plaintiff’s losses. They are rare, even in sexual abuse cases, but they can be worth substantial compensation if and when they are awarded. According to Ala. Code § 6-11-20(a), punitive damages may only be awarded if the plaintiff proves by “clear and convincing evidence” that the defendant deliberately or consciously used fraud, oppression, malice, or wantonness when they caused the plaintiff’s injuries. Sexual abuse, especially against children, may fit this description.