Sexual Abuse FAQ
Who can bring a lawsuit in Maine for sexual abuse?
Anyone can bring a lawsuit if another person has sexually abused them.
There is no one good definition for sexual abuse. Whether an act will be considered sexual abuse depends upon the circumstances under which the abuse occurred and the age or condition of the persons involved.
Does the sexual touching have to be nonconsensual to be considered abuse?
In most cases a plaintiff will have to establish that they did not consent to the sexual contact to prevail in a case for sexual abuse. However, certain people are protected from any sexual touching whether or not they consented and whether or not the touching was welcomed. For example, it is prohibited for an adult to have sexual contact with a child under the age of 18 or a person of any age who is mentally incompetent.
Also, healthcare providers are prohibited from engaging in sexual contact with patients during the time of treatment. Some providers are also prohibited from engaging in any type of sexual contact with a patient even after treatment has ended.
Can someone beside the perpetrator be sued for sexual abuse?
Yes, if for example the abuse involved sexual harassment in the workplace, the employer may be held responsible if a supervisor or even a co-worker perpetrated the abuse.
What if the sexual abuse is perpetrated by a member of the same sex?
It does not matter. A lawsuit may be brought, even if the sexual abuse is by a member of the same sex.
How long do I have to bring a case for sexual abuse?
The time period for bringing a lawsuit depends on many factors and requires a legal analysis based on the facts in each case. Maine law provides that there is no limitation on the time to bring a claim alleging abuse perpetrated on a child, even if the victim is now an adult, but certain exceptions may apply. Never assume that you cannot bring a lawsuit against a perpetrator without first talking with a qualified attorney.
What damages may I recover if I have been sexually abused?
If you have been sexually abused, you may be entitled to recover damages for past and future medical and mental health treatment, past and future wage loss, damages for pain, suffering and emotional distress, and in many cases punitive damages (damages intended to punish the perpetrator).
Do I need an attorney to bring a sexual abuse case?
While a private citizen may bring a legal action against his/her perpetrator – almost all sexual abuse cases require the skill of a good lawyer. This is a complex area of the law and an attorney should be chosen who is clearly well versed in this specific area of litigation. It is equally important to choose an attorney that understands the serious psychological consequences that frequently flow from sexual abuse.
Will my sexual abuse case settle out of court?
We are prepared to bring every case we take to trial because we believe that a well-prepared case is the best incentive for a defendant to settle. As a result, even though we prepare each case to go to trial, most sexual abuse cases settle out of court.
