Survivors of sexual abuse have the right to seek justice and compensation through civil lawsuits against their abuser and any institution that failed to protect them. Filing a lawsuit can be an empowering step toward holding perpetrators accountable and securing financial recovery for the trauma suffered.
At Sauder Schelkopf, we guide survivors through every step of the legal process with compassion and confidentiality. Below, we outline the key steps involved in filing a sexual abuse lawsuit.
Step 1: Determine If You Have a Case
The first step in filing a sexual abuse lawsuit is determining if you meet the legal criteria. You may have a case if:
- You experienced sexual abuse or assault by an individual or organization.
- The abuse caused emotional, psychological, or financial harm.
- The case falls within your state’s statute of limitations (even older cases may be eligible due to new laws).
Not sure if you qualify? Get a free case evaluation here.
Step 2: Contact a Sexual Abuse Attorney
Filing a sexual abuse lawsuit is complex, and having an experienced lawyer is crucial. A skilled sexual abuse attorney will:
- Evaluate your claim confidential
- Advise you on state-specific laws and time limits
- Investigate the abuser and responsible institutions
- Ensure you remain protected throughout the legal process
At Sauder Schelkopf, we have extensive experience handling sexual abuse lawsuits and winning settlements for survivors.
Speak to a lawyer today – free and confidential. Schedule a consultation now.
Step 3: Collect Evidence to Support Your Claim
You do not need physical evidence to file a sexual abuse lawsuit. However, any supporting documentation can strengthen your case, such as:
- Medical or therapy records related to the abuse
- Emails, texts, or journals documenting the experience
- Witness statements from people who knew about the abuse
- Police reports (if applicable)
If you don’t have evidence, don’t worry—our legal team can conduct an independent investigation.
Step 4: File a Civil Lawsuit Against the Abuser & Institutions
Once we gather the necessary details, our attorneys will file a lawsuit on your behalf. Depending on the case, this may involve suing:
- The perpetrator (e.g., coach, teacher, religious figure)
- An institution that enabled the abuse (e.g., churches, schools, workplaces)
You may be able to file your case anonymously. Learn more about confidential lawsuits.
Step 5: Negotiation & Settlement Process
Many sexual abuse cases settle before trial through negotiations or mediation. Settlements can provide:
- Financial compensation for emotional and physical damages
- Avoidance of a lengthy trial
- Privacy and confidentiality for the survivor
Our attorneys will negotiate aggressively to secure the highest possible settlement for you.
Step 6: Trial (If Necessary)
If a settlement isn’t reached, the case may proceed to trial. While this can take longer, it may result in larger financial compensation and public accountability for the abuser.
We prepare every case for trial, ensuring:
- Your voice is heard without unnecessary trauma
- Expert witnesses and medical professionals testify on your behalf
- Your privacy is protected as much as possible
Frequently Asked Questions About Filing a Sexual Abuse Lawsuit
Can I file a lawsuit if the abuse happened years ago?
Possibly. Many states have extended or eliminated time limits for sexual abuse cases. Contact us to see if you still qualify.
Will my identity remain confidential?
Yes. Many survivors file lawsuits using pseudonyms like “John Doe” or “Jane Doe” to protect their identities.
How long does a sexual abuse lawsuit take?
The timeline varies, but cases typically take several months to a few years, depending on settlement negotiations and court schedules.
What if my abuser was never convicted criminally?
You do not need a criminal conviction to file a civil lawsuit. Civil cases have a lower burden of proof, meaning you can still win compensation even if no criminal charges were filed.
Take the First Step Toward Justice
Filing a sexual abuse lawsuit is a powerful step toward healing and justice. At Sauder Schelkopf, we are committed to supporting survivors and helping them seek the compensation they deserve.
Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Sauder Schelkopf. Laws vary by jurisdiction, and the application of law depends on individual circumstances. You should not act or rely on any information in this post without seeking professional legal counsel. If you need legal assistance, please contact a qualified attorney to discuss your specific situation.