Connecticut Sexual Abuse Lawyer Representing Victims
Fighting For Important Causes In State And Federal Courts
Whether you were the victim of sexual abuse a long time ago or relatively recently, you deserve justice and closure. While perpetrators of sexual abuse may be held criminally responsible, things do not always work out this way. Even so, our legal team can assist you in filing a civil case to get justice, closure, and fair compensation.
Many victims have a difficult time reporting sexual abuse to anyone. As such, claims often involve older instances of abuse, and finding evidence might be difficult. However, if your case is still within the limitation period set by law, we can file your case and work to achieve justice. If the abuse occurred many years ago, we need to consider what kind of evidence is still available and whether it is enough to prove your claims. Do not underestimate what evidence might be left, including your testimony. There might still be others who have personal knowledge of the abuse who might testify in court. We can also use records from schools, churches, and hospitals to help us establish important details about the abuse.
Contact our sexual abuse attorneys representing victims by calling (814) 826-3586 and receive a free case review from us at The Law Office of Andrew Shubin.
When You Should File a Civil Sexual Abuse Case in Connecticut
Perhaps one of the biggest legal hurdles to civil cases for sexual abuse is the statute of limitations. Many civil claims are governed by a statute of limitations that imposes a strict time limit on plaintiffs. If you do not file your case within the designated limitation period, you might not be able to ever file it. Sexual abuse cases are arguably more complex than other claims because there are multiple statutes of limitations that apply under different circumstances.
Adults
For those who experienced sexual abuse as adults, the statute of limitations is very short. There is no statute that applies specifically to sexual abuse against adults, so these claims must be filed according to CT Gen. Stat. § 52-577. Plaintiffs have only 3 years from the date of the abuse to file their case. However, our sexual abuse lawyers representing victims must use the date of the most recent instance of abuse when calculating the limitation period. It is typical for victims to be abused over an extended period of time, and your limitation period should begin from the most recent abuse, not the first instance. This might give you the time you need to prepare your case, but you must act fast.
Childhood Sexual Abuse
Although it is difficult to discuss for many, childhood sexual abuse is a common claim in our civil justice system. Abused children often cannot come forward about abuse on their own. Even when they report the abuse to a trusted adult, they might not be believed. As such, victims of childhood abuse often do not come forward about what happened to them until their adult years. It is common for victims to wait until middle age or later before they seek justice. For these reasons, the law allows victims of childhood sexual abuse much more time.
According to § 52-577d, a plaintiff has 30 years from when they turn 21, or until age 51, to file a civil case for childhood sex abuse. While this is a very long time, and you may submit your case at any point within the limitation period, it is still a good idea to contact the authorities about the abuse sooner rather than later. The longer you wait, the more evidence might be lost, and the harder it might be to get justice.
Criminal Convictions
Suppose the person you wish to sue in civil court for sexual abuse was convicted in criminal court of certain offenses related to the abuse. In that case, the limitation period might change again. According to § 52-577e, any civil action to recover damages for a sexual assault may be filed at any time if the person legally responsible for the assault and your injuries has been convicted of a Class A or B felony for sexual assault in the first-degree or a Class A or B felony for aggravated sexual assault in the first degree.
How to Prove Your Civil Case for Sexual Abuse in Connecticut
Proving your claims will likely be challenging. Even with strong evidence on our side, your case might be an uphill battle. While the evidence is unique in every case, we should consider certain common forms of evidence that tend to be helpful in sexual abuse cases.
Your testimony might be among the most important evidence in your case. While other evidence might be hard to come by, your testimony may be readily available. On top of that, your memories of the abuse and the effect it had on your life are paramount to the success of your case. While testimony is not always regarded as the most irrefutable evidence, it can be very powerful and persuasive to a jury.
It is possible that other people out there have information about how you were abused. Perhaps someone witnessed the abuse directly. In some cases, multiple victims are abused, and they can back up each other’s claims with eyewitness accounts of the abuse.
Records might also be helpful in proving your claims. If you reported the abuse to anyone, there could be an official record. For example, if a student reports to a school administrator that a teacher sexually abused them, the school might have made a formal record of the report, even if the school did nothing about the abuse. If you received medical care for injuries from the abuse, those medical records might be used to show how your injuries were consistent with injuries common in abuse cases.
Get Help From Our Connecticut Sexual Abuse Lawyer Representing Victims
Contact our sexual abuse attorneys representing victims by calling (814) 826-3586 and receive a free case review from us at The Law Office of Andrew Shubin.