It is a known fact, civil suits are more easily won than criminal suits, therefore, an increasing number of childhood sexual abuse survivors (CSAS) are launching civil suits as a means to obtain justice and accountability for their abuse. Adult Child Sexual and Physical Abuse survivors are bringing actions seeking accountability as well as damages for the cost of past and future therapy, loss of childhood, failure to fulfill potential and the long-term emotional damage resulting from the abuse. Claims can be lodged for sexual abuse, assault and battery, unlawful restraint, invasion of privacy, and intentional or negligent infliction of emotional distress. The majority of the states have a provision extending the statute of limitations for adult survivors of CSAS, although the remedy varies depending upon state. See http://www.smith-lawfirm.com/statutestable.html for your states statute. Because it is very difficult to generalize the law in all 50 states, survivors are urged to seek the advice of an attorney in their state. Monday, March 15, 2006, the progressive state of Idaho recently gave people a lifetime to seek justice for sexual child abuse. Idaho governor Dirk Kempthorne signed a bill into law that will give people a lifetime to seek justice for sexual child abuse. The legislation, co-sponsored by Rep. Debbie Field (R-Boise) and Rep. Donna Boe (D-Pocatello), eliminates the state's statute of limitations, which required victims to report the crime by their 23rd birthday in order for prosecutors to file charges. "If you have ever done this to a child, you are going to remain accountable," said Field. "What an honor it is to provide victims a chance to be heard." Paul Steed, an Idaho citizen who fought for the law, celebrated and reflected on how good it feels to fight for child protection and win, something often pointed out by PROTECT members. "This has been very, very therapeutic." In some cases, adult survivors can launch claims against property owners for failure to provide adequate security. For example, successful suits have been brought against parking lot and garage owners, hotel/motels, school districts, private owners of buildings open to the public and apartment building owners. While the majority of abuse civil suits are brought by sexual abuse survivors many physical abuse survivors are recognizing their right to seek accountability and justice. |
