Attorney for Sexual Abuse Victims in Massachusetts

If you experienced sexual abuse in the past, it might not be too late to come forward and take legal action against the perpetrators. Even if justice through the criminal courts is unavailable, you may file a civil case for damages. Doing so may provide you with the closure you need to move on, and a lawyer can assist you.

It is common for victims of sexual abuse to wait before telling anyone what happened to them. While coming forward is difficult, it is best to do it soon. People who were adults when they were abused have only 3 years to file a civil claim. Victims of childhood abuse have 35 years, but waiting that long often means evidence will disappear. Witnesses, records, and security camera footage might not last forever, and we should start building your case now. The evidence we need may vary based on who you want to include in the case. While individuals may be held liable for the abuse, so can the institutions that employed them.

Speak to our attorneys for sexual abuse victims in Massachusetts by calling The Law Office of Andrew Shubin at (814) 826-3586 and ask for a free initial case review.

When You Should Talk to a Lawyer About Your Sexual Abuse Claims in Massachusetts

Sexual abuse can be challenging to deal with for several reasons. First, finding evidence is often difficult, as abusers often take steps to cover up their tracks and eliminate as much evidence as possible. Second, many abuse victims wait many years before coming forward. If they wait too long, they risk losing their right to bring the cause of action at all.

Childhood Sexual Abuse

Childhood sexual abuse is particularly difficult to deal with because children have a very hard time reporting abuse even when they want to. They are often abused by a trusted adult and frightened into silence. It is not unusual for people abused as kids to come forward during adulthood.

The statute of limitations for sexual abuse claims in Massachusetts takes into account the fact that many abuse victims do not come forward for a long time. As such, according to Mass. Gen. Laws Ch. 260 § 4C, plaintiffs who experienced childhood sexual abuse must file their civil claims no later than 35 years from the last instance of sexual abuse.

Alternatively, if the abuse is not discovered or realized until later, plaintiffs may have been 7 years from the date of discovery. Under this rule, our lawyers for sexual abuse in Massachusetts might be able to help you file your case even if more than 35 years have passed as long as you have discovered the abuse within the last 7 years.

Sexual Abuse Against Adults

Children are not the only victims of sexual abuse. Many adults suffer sexual abuse from people close to them. For example, a person might be abused by a romantic partner, spouse, or even their employer. Adults tend to have much less time to prepare civil claims for sex abuse than children.

There is no special statute specifically for sexual abuse perpetrated against adults. Instead, these cases fall under the ordinary statute of limitations for general personal injuries and torts. Under § 2A, a plaintiff who experienced sexual abuse as an adult has 3 years from the abuse to file a legal claim in court.

Evidence We Need to Build Your Sexual Abuse Case in Massachusetts

Witnesses can provide powerful testimony. Is there anyone who might have had first-hand knowledge about the abuse? For example, did you report the abuse to another adult? Maybe someone witnessed the abuse happening but was too afraid to do anything about it at the time. If so, they may have extremely valuable testimony that could turn the tides of your civil case.

Your testimony might be the most important evidence of all. In many cases, there are no other witnesses. Sexual abuse often happens in secret, and it is difficult to prove something that nobody else knows about. In such cases, your testimony might be crucial. Only you can testify about what was done to you and how it impacted your life.

If you were injured during the abuse, did you seek medical treatment? If you did, your medical records might still contain details about your injuries, even if they are from many years ago. A doctor can review your records and testify as to whether your injuries are consistent with sexual abuse.

Who You Might Include in Your Massachusetts Sexual Abuse Case

While it is legally possible to sue the person who perpetrated the abuse, this is not always realistic. Since many victims wait years before coming forward, it is not unusual for abusers to have moved away or died. However, this is not the end of your case. It might be possible to sue the institution behind the abuser.

For example, if an employer or supervisor abused you, you might be able to sue the business that employed them even if they no longer work there. Your case might be much stronger if you reported the abuse to HR or another supervisor, meaning the business knew what was happening but chose to do nothing about it.

Your case might be more complex if a governmental entity, like a public school, is involved. According to Mass. Gen. Laws Ch. 258 § 2, public employers may be held liable for the negligent or wrongful actions of public employees in the same way as private employers and employees. However, there is a difference when it comes to obtaining a judgment. Generally, compensatory damages in cases against public entities are limited to $100,000, and levies of execution cannot be placed on any property to satisfy the judgment.

According to § 4, a sexual abuse claim cannot be instituted against a governmental entity unless the claimant first submits notice in writing to an executive officer of the entity they wish to sue. In the case of a lawsuit against a public school district for sexual abuse, this might involve submitting a notice of your claim to the head of the district. The notice must be submitted no later than 2 years after the last instance of abuse. Your claim may be filed in court if and when the school district denies the claim.

Contact Our Lawyers for Sexual Abuse Victims in Massachusetts to Begin Your Case

Speak to our attorneys for sexual abuse victims in Massachusetts by calling The Law Office of Andrew Shubin at (814) 826-3586 and ask for a free initial case review.