Arkansas 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

People may file civil cases for numerous reasons, including sexual abuse. While sex abuse is often wrapped up in criminal charges and criminal law, they may also warrant civil action. In some cases, the authorities cannot press charges because evidence is unavailable or the abuse happened a long time ago. However, you can still get justice and compensation by filing a civil case.

Sexual abuse can occur under a wide variety of circumstances. Many cases involve inherent power imbalances between victims and perpetrators. For example, many cases involve school teachers and administrators taking advantage of young, vulnerable students. Others involve churches and religious groups preying on their congregants. Still, some sexual abuse comes from workplaces or even your own home. When to file your case is often a tricky subject to tackle. It is not unusual for victims to wait decades before reporting sexual abuse from childhood. Fortunately, the law has changed to accommodate these plaintiffs, and victims of childhood sex abuse may file their claims at any time. Adults have a smaller window of time, so talking to a lawyer quickly is crucial.

For a free initial review of your case, call our sexual abuse lawyers representing victims at The Law Office of Andrew Shubin at (814) 826-3586.

How Sexual Abuse Might Occur in Arkansas

Sexual abuse occurs under a wide variety of circumstances, and various people and entities may be held responsible. Often, cases of sexual abuse involve an imbalance of power between the victim and perpetrator. Perpetrators often exploit their position of authority to commit the abuse, and victims are often intimidated into silence. Below are a few common scenarios involving sexual abuse, although many others are possible. If you were sexually abused in the past, contact an attorney about it right away.

Schools and Universities

It is not uncommon for cases of sexual abuse to come from schools and universities. Childhood sexual abuse often involves teachers, school administrators, coaches, and other adults involved in a child’s schooling. Victims often see their abusers every day and have a very hard time coming forward. Not only do they risk not being believed by the adults they might confide in, but they risk social ostracization from peers. Our sexual abuse attorneys representing victims may help you hold the abuser and the school, university, or institution responsible.

Adult students at colleges and universities may also be sexually victimized. Professors and administrators might hold things like grades and admission to educational programs over the heads of victims to coerce them into cooperation. It is also possible that a student is victimized by another student, and the school turns a deaf ear to the whole thing.

Churches and Religious Groups

In recent years, many cases of sexual abuse have involved churches or religious groups. People who were victimized many years ago as children have come forward with claims against church leaders. In some cases, the abuse came to light earlier, but religious leaders covered up the abuse and handled the situation “internally.” Even when people publicly accuse abusers within the church, other congregants often have a hard time believing the allegations. Church leaders tend to be respected within their community, and other adults might find it easier to disbelieve a young accuser than hold the abuser accountable.

Sex Abuse in the Workplace

Sexual abuse also occurs in the workplace. The relationship between employers and employees is a perfect example of a power imbalance. Employees rely on their employers for their jobs and livelihoods. Employers might dangle pay increases and promotions to coerce employees into a sexual relationship. Abuse might instead come from another employee or someone else in your workplace. People often hesitate to report this kind of abuse because they fear for their jobs.

Sex Abuse from Loved Ones

Still, some cases of sexual abuse come from the victim’s own home. Children might be abused by parents or older siblings. A person might be sexually abused by a partner or spouse. These cases are often some of the most difficult to report because of the emotional entanglement between the victim and the abuser. Many people do not report this abuse for years, but there might still be time to take legal action and get justice.

When You Can File a Civil Sexual Abuse Case in Arkansas

One of the biggest hurdles that sexual abuse victims face when trying to bring abusers to justice is timing. Not only is it common for victims to wait many years before coming forward, but their claims might be barred by the statute of limitation.

Childhood Sexual Abuse

The statute of limitations regarding civil claims for childhood sexual abuse has gone through some major changes in the last few years. Originally, the law gave victims of childhood sexual abuse only 3 years from their 18th birthday, or until age 21, to file their claims. Lawmakers recognized how overly restrictive this law was, as many victims do not come forward until middle age or later. As such, they amended the law to give victims of childhood sexual abuse until age 55 to file their cases.

Not only that, but the law opened up a 2-year window in which plaintiffs whose claims were previously time-barred under the old law may revive their claims. This window closed on January 31, 2024.

The law was amended once again. Now, under Ark. Code § 16-118-118(b)(1), there is no limitation period for victims of childhood sexual abuse. Such a plaintiff may file their case at any time. On top of that, a new window was opened to allow previously time-barred cases to be revived, and that window will close on January 31, 2026.

Sexual Abuse in Adulthood

Plaintiffs who were sexually abused during adulthood have a much smaller window of time to file their civil cases. According to § 15-56-105, adult plaintiffs have only 3 years from the date of the abuse to file their civil claims in court. It is important to note that this time should be calculated from the most recent instance of abuse. Since many people are abused repeatedly over time, it is important to make sure you use the correct dates to determine the limitation period.