Sexual abuse is a devastating crime that has deep and lasting effects on not just the survivors but also their loved ones. If your spouse was sexually abused, you may feel angry, helpless, and betrayed. You may also wonder if there is anything you can do to seek justice for your spouse. In some cases, the answer is yes. Depending on the circumstances, you could sue the abuser or the institution responsible for the abuse.
A sexual abuse lawyer can help you take the necessary steps to ensure the responsible parties are held accountable. With the right legal representation, survivors of sexual abuse may recover justice and compensation from those responsible for their suffering.
What is Sexual Abuse?
Sexual abuse encompasses any type of illegal or coerced sexual conduct against another individual. Sex abuse takes many forms, including rape, sexual assault, incest, molestation, inappropriate touching, and harassment. It is often a slow and deliberate process where the abuser in a position of trust targets a victim and takes measures to ultimately engage in nonconsensual sexual activity with them.
Any sexual conduct becomes criminal when the other person involved does not consent to it, either because the perpetrator uses force or because the person involved cannot legally consent to the act. In many jurisdictions, minors under 16 – 18 years of age, depending on the state, are deemed incapable of consenting to sexual conduct.
Sexual abuse is a painful and traumatic experience that causes lifelong effects on survivors and their loved ones. Understanding what constitutes sexual abuse is the first step in seeking justice and support for those affected by this heinous crime.
Signs of Sexual Abuse in Adults
Sexual abuse often has a devastating physical, psychological, and emotional impact on the survivor. If your spouse was sexually abused, then it is helpful to become aware of the signs of sexual trauma so you may better support them and potentially take legal action. Common signs of sexual abuse in adults include:
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Behavioral changes: Look out for sudden changes in behavior or personality. Your spouse may suddenly become withdrawn, anxious, or overly secretive. They might also display uncharacteristic anger or aggression.
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Sexual dysfunction: Sexual abuse may profoundly affect a person’s sexual well-being. Sexual dysfunction may include a loss of interest in sex, difficulty achieving orgasm, or painful intercourse.
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Flashbacks or nightmares: Sexual abuse survivors often experience intrusive memories or nightmares related to their traumatic experiences. If your spouse frequently has flashbacks or struggles with recurring nightmares, this may indicate a history of sexual abuse.
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Emotional instability: Sexual abuse often causes significant emotional distress. Your spouse may exhibit mood swings, depression, or heightened anxiety. Some sexual abuse survivors may also engage in self-harming behaviors or harbor thoughts of suicide.
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Avoidance of certain places or activities: Survivors of sexual abuse often develop a fear or aversion toward places or activities that remind them of their trauma. If your spouse avoids specific locations, situations, or activities that were previously enjoyed, it may indicate they experienced trauma in connection to those places or activities.
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Changes in relationships: Pay attention to any inexplicable changes in your spouse’s relationships with you or their family, friends, or colleagues. They may become more distant or exhibit difficulties in trusting others.
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Physical symptoms: Sexual abuse can manifest in various physical symptoms. Your spouse may complain of chronic headaches, stomachaches, or other inexplicable physical ailments. These physical symptoms are sometimes a manifestation of the emotional distress caused by the trauma.
Remember, these signs are not definitive proof of sexual abuse, but they merit further investigation from your end. If you notice any of these signs or suspect that your spouse was sexually abused, consult with professionals such as therapists, counselors, or legal experts who can guide you through the next steps.
Can I Sue for Injuries Due to My Spouse’s Sexual Abuse?
Many sexual abuse survivors choose not to sue their assailant because of fear, shame, guilt, or self-blame. In many cases, the abuse may be long-term or the abuser may have convinced your spouse that they were somehow the initiator or an enthusiastic party to the abuse. As a result, survivors often face significant emotional, mental, and physical challenges in the aftermath of the abuse, which may hinder their ability to pursue legal action.
When someone experiences sexual assault, their spouse often suffers as well. The impact may include loss of sexual intimacy, anger, resentment, and even fear. As the spouse of a survivor, you may wonder if you have a legal avenue to hold the wrongdoer accountable. There are very limited cases where you can file a lawsuit for your spouse’s sexual abuse.
One option is to sue for negligent infliction of emotional distress under the bystander rule. This allows you to seek compensation for the emotional harm suffered as a result of directly witnessing your spouse’s abuse. Another legal option is to file a derivative action. This type of action arises only when there is injury to another person, in this case, the spouse. By filing a derivative action, the spouse can seek compensation for the loss of consortium and services they experienced as a result of their spouse’s injuries.
You should consult with a sexual abuse lawyer who can guide you through the legal process and advise you on your specific situation. A qualified sex abuse attorney helps survivors and their loved ones understand their rights, explores the available legal options, and offers support as you navigate the legal journey together.
Criminal v. Civil Lawsuit: Filing a Sexual Abuse Lawsuit
Understanding the distinction between a criminal and civil lawsuit is crucial when seeking justice for your spouse’s sexual abuse. Criminal lawsuits focus on the state trying to show the perpetrator is accountable for the sexual abuse. The burden of proof lies with the prosecution, and if the perpetrator is proven to be guilty beyond all reasonable doubt, they may likely face incarceration.
On the other hand, a civil lawsuit allows survivors to be directly involved as the plaintiff who wishes to be financially compensated for the harm caused. In a civil lawsuit, the burden of proof is on the plaintiff, meaning you must provide evidence that establishes that the abuse ‘more likely than not’ occurred and that your spouse suffered damages as a result. This may include evidence of emotional distress suffered by your spouse or financial damage such as medical expenses or loss of income.
How Can a Sexual Abuse Lawyer Help?
A skilled sexual abuse attorney can provide crucial legal assistance and support throughout the process. They can help you understand your legal options and navigate the complex legal system. A qualified sex abuse attorney has extensive knowledge and expertise in handling sensitive sexual abuse cases and can guide you and your spouse with empathy and compassion.
Contact a Sexual Abuse Attorney
If you are considering taking legal action for your spouse’s sexual abuse, reach out to a knowledgeable and compassionate sexual abuse attorney. Sex abuse lawsuits are complicated and sometimes, very difficult to prove. This is why a lawyer who specializes in sexual abuse cases can offer the right guidance, support, and advocacy you need. A sexual abuse attorney will assess the merits of your case, help gather relevant evidence, and navigate complex legal issues on your behalf. Schedule a consultation with a qualified sexual abuse attorney today to ensure your rights are protected.
