Arizona Sexual Abuse Lawyer Representing Victims

Sexual abuse is one of the worst forms of harm someone can perpetrate against another, which might or might not be charged criminally. However, sexual abuse survivors can also work with our lawyers to file a lawsuit in civil court.

One of the first steps our team takes when filing a claim for sexual abuse is to determine how long you have to file under the statute of limitations. If the abuse occurred while you were a child, you will have until age 30 to file a lawsuit. If the abuse occurred while a child was being sex trafficked, no time limit is placed on the survivor’s right to file. Adult survivors, though, only have two years to make their cases. In either case, our attorneys can identify who should be held liable and the damages that should be compensated.

To get a free and confidential case evaluation with our sexual abuse attorneys representing survivors in Arizona, call The Law Office of Andrew Shubin at (814) 826-3586.

How Long Survivors Have to File a Sexual Abuse Lawsuit in Arizona

While sexual abuse is often charged criminally, survivors can also file a lawsuit in civil court against the perpetrator for the damages they caused. However, virtually all types of civil lawsuits are subject to a statute of limitations, including those for sexual abuse, placing strict time limits on how long they can be filed. Our sexual abuse attorneys for survivors in Arizona can help identify when your case must be filed and whether an exception can extend the deadline. Arizona has followed other states in allowing survivors who were sexually abused as minors more time to file a claim, but adult survivors typically have a far shorter limitations period.

Actions for Injuries to a Minor

In 2019, Arizona lawmakers changed the statute of limitations on civil claims for minor sexual abuse survivors. Now, under A.R.S. § 12-514(a)(1), the time limit does not begin to run until survivors turn 18 years old, at which point they have 12 years to file a lawsuit. If a child suffers injuries from sexual contact or sexual conduct because of another person’s intentional act or negligence, they will have until their 30th birthday to file a claim.

Several acts are considered forms of sexual conduct or contact for which compensation can be pursued. An abuser can be held liable for sexual conduct if they intentionally or knowingly engaged in sexual acts with any person younger than 18, according to § 13-1405(A). Many indecent acts meet the definition of sexual contact under § 13-1401(A)(3), which is why you should consult with our attorneys if you suspect that you or your child were abused.

Actions for a Failure to Report Sexual Abuse

The 12-year extension for minor survivors to file also applies to claims for the failure to report sexual contact or conduct, as per § 12-514(a)(2). Certain individuals and organizations have a legal duty to report child abuse if they reasonably believe that harm is or has been inflicted on a minor under § 13-3620(A).

Mandatory reporters, as those with this duty are commonly known, include parents, stepparents, guardians, school employees, members of the clergy, doctors, or anyone else with responsibility over a child’s treatment or care. If a person or organization had no legal excuse for failing to report your abuse, our team could add them to your lawsuit, potentially giving you more sources to recover full compensation.

Actions for Child Sex Trafficking and Abuse

Another recent change to the law that will give minor sexual abuse survivors more time to file is if the abuse occurred while the child was being sex trafficked. SB 1660 removed any limitations period for claims involving child sex trafficking. Thus, children who were sexually abused in the course of being trafficked can generally file their lawsuit at any time.

Actions for Injuries to an Adult

Unfortunately, adult survivors of sexual abuse do not have as much time to file their claims, despite how difficult many find it to come forward. According to § 12-542(1), the same two-year statute of limitations that applies to typical personal injury claims also applies to adult sexual abuse cases.

This is an extremely short amount of time for survivors to get legal counsel, conduct interviews, gather evidence, and assess damages, which is why you should reach out to our lawyers to start your case. If the filing deadline is missed, you will lose the opportunity to recover compensation from the courts.

Damages that Can Be Recovered in an Arizona Sexual Abuse Lawsuit

Sexual abuse often leaves survivors with both physical and psychological injuries. The losses incurred from these injuries are referred to as “damages.” Some damages are intended to compensate for economic and non-monetary harms, while others are meant to punish abusers.

Economic losses in your lawsuit should include any financial expenditures you had as a result of the abuse. Medical bills can be recovered if you required treatment after the incident. Many survivors have mental healthcare costs for the counseling they sought after, which should be compensated. Future expenses can also be assessed in a legal claim, such as continual counseling sessions, to help address long-term conditions like PTSD, depression, and anxiety.

Non-economic damages tend to be the losses sexual abuse cases are focused on. These damages account for the pain and suffering survivors experience during the abuse and after. The emotional impact of such abuse can last for years, seriously affecting a person’s professional and social life. Any decreases in your quality of life for the duration that you are contending with it should be accounted for in your damages.

Although rarely awarded, the court might find punitive damages appropriate in cases involving sexual abuse. Punitive damages are generally awarded to serve two essential functions, which are to punish defendants and deter others from similar misconduct. If punitive damages are awarded, they will not be capped, according to § 31.

Contact Our Sexual Abuse Attorneys Representing Survivors in Arizona Today for Help

For a free, private case review with our sexual abuse attorneys representing survivors in Arizona, contact The Law Office of Andrew Shubin by calling (814) 826-3586.