Sexual Abuse

Sexual Abuse and Assault Statistics

• The Illinois Department of Children and Family Services (DCFS) maintained data indicating that there were 120,828 reports of child abuse and neglect in 2017, of which 25 percent were indicated. Additionally, there were 7,743 reports of child sexual abuse, with 25 percent of these being indicated.
• In 2023, most individuals who experienced contact sexual violence reported that the perpetrator was someone they knew, regardless of sexual identity.
• On average, there are 463,634 victims (aged 12 or older) of rape and sexual assault each year in the United States.
• 21% of TGQN (transgender, genderqueer, nonconforming) college students have experienced sexual assault, in comparison to 18% of non-TGQN females and 4% of non-TGQN males.

The Difference Between Criminal and Civil Sexual Abuse

Criminal and civil sexual abuse cases differ specifically in their goals, processes, and outcomes. 

In a criminal case, the primary goal is to prosecute and punish the perpetrator for violating the law. For example:

• The government, through a district attorney or prosecutor, brings the case against the accused
• The focus is on determining whether the defendant is guilty "beyond a reasonable doubt" of committing the crime
• If found guilty, the consequences can include imprisonment, fines, and being registered as a sex offender
• The victim in a criminal case is a witness, and while they may provide testimony, the case is ultimately controlled by the government

In contrast, a civil case is brought by the victim (plaintiff) against the perpetrator (defendant) or an institution that may be responsible, such as a school or employer. Keep in mind:

• The primary goal in a civil case is to seek monetary compensation for the harm and trauma the victim has suffered
• The burden of proof in a civil case is lower, requiring the plaintiff to prove their case by a "preponderance of the evidence," meaning it is more likely than not that the abuse occurred
• Civil cases often focus on the emotional, physical, and financial damages caused by the abuse
• The outcome is usually a financial settlement or damages awarded to the victim

To sum it up, while criminal cases seek justice through punishment, civil cases aim to provide victims with compensation and a sense of closure by holding the perpetrator or related institutions accountable for their role in the abuse.

Sexual Assault vs. Sexual Abuse

While the terms "sexual assault" and "sexual abuse" are often used interchangeably, they have distinct legal meanings that can impact how cases are prosecuted and litigated.

Who Can Be Held Liable for Sexual Assault and Sexual Abuse?

• Direct Offenders: The person who commits the act of sexual assault or abuse is primarily liable and can face criminal charges and civil lawsuits.
• Accomplices: Those who assist, encourage, or facilitate the abuse can also be held accountable.
• Educational Institutions: Schools and universities may be liable if they failed to prevent or address known abuse or neglected proper safety measures.
• Religious Organizations: Churches and religious entities can be held responsible if they knew about abuse by clergy or staff and failed to take action.
• Healthcare Facilities: Hospitals and clinics may be liable if staff members abuse patients, especially if proper background checks and supervision were lacking.
• Employers: Companies can be responsible if abuse occurred due to negligent hiring, inadequate supervision, or failure to address complaints.
• Public Institutions: Government-run schools, foster care systems, and correctional facilities can be held accountable for abuse occurring under their supervision due to negligence or rights violations.
• Parental Liability: In cases involving minors, parents or guardians who knew about ongoing abuse and failed to intervene may be held responsible.

Types of Compensation Available to Victims of Sexual Assault and Sexual Abuse

Victims of sexual assault and abuse endure profound physical, emotional, and psychological trauma that can have lasting effects on every aspect of their lives. Pursuing a civil lawsuit not only holds the perpetrator and any negligent parties accountable but also provides an avenue for victims to obtain financial compensation to aid in their recovery.

Economic Damages

Economic damages are tangible, quantifiable losses that a victim incurs as a direct result of the assault or abuse. These damages aim to reimburse victims for out-of-pocket expenses and financial setbacks, including:

• Medical Expenses: Costs for emergency care, hospital stays, surgeries, medical examinations, and ongoing healthcare needs resulting from the assault.
• Therapy and Counseling: Expenses for psychological counseling, psychiatric care, and therapy sessions to address trauma, anxiety, depression, and other mental health issues.
• Lost Wages: Compensation for income lost due to the inability to work while recovering from physical or emotional injuries.
• Loss of Earning Capacity: If the victim's ability to earn income in the future is impacted, they may receive compensation for the difference in potential earnings.
• Rehabilitation Services: Costs associated with physical therapy, occupational therapy, or other rehabilitation services needed for recovery.
• Medical Equipment and Medications: Expenses for necessary medical devices, prescriptions, and assistive equipment.

Non-Economic Damages

Non-economic damages compensate victims for intangible losses that are more subjective and do not have a specific monetary value. These damages acknowledge the profound personal impact of the abuse, including:

• Pain and Suffering: Compensation for physical pain and discomfort endured during and after the incident.
• Emotional Distress: Recognition of the psychological impact, such as trauma, fear, anxiety, depression, and post-traumatic stress disorder (PTSD).
• Loss of Enjoyment of Life: Compensation for the diminished ability to enjoy daily activities, hobbies, and life pursuits that were once meaningful.
• Loss of Consortium: For married victims, compensation may be awarded for the adverse effects on the marital relationship, including loss of companionship and intimacy.
• Scarring and Disfigurement: Acknowledgment of any permanent physical changes resulting from the assault.

Punitive Damages

In cases where the perpetrator's conduct was especially egregious or malicious, the court may award punitive damages. These are intended to:

• Punish the Wrongdoer: Penalize the offender for their actions and deter similar behavior in the future.
• Set a Public Example: Signal to society that such conduct is unacceptable and will be met with severe consequences.