Compensation for Survivors of Sexual Abuse: Recoverable Losses

Sexual abuse survivors have rights, and the legal system provides a pathway for them to hold their perpetrators and entities that failed to protect them civilly liable for various forms of damages. If you or someone you know has been a victim of sexual assault, understanding these rights is crucial.

This article breaks down the types of damages survivors can seek and explores real cases to shed light on the potential avenues for compensation.

Compensatory Damages: A Multifaceted Recovery

Survivors of sexual abuse are entitled to file claims for compensatory damages, encompassing a range of tangible losses. These may include:

  1. Hospitalization Costs: Reimbursement for medical treatments and care necessitated by the abuse.
  2. Medical Expenses: Coverage for ongoing medical needs arising from the assault.
  3. Psychological Treatment Expenses: Compensation for therapy and counseling to address the mental and emotional aftermath.
  4. Physical Disfigurement: Compensation for any lasting physical scars or disfigurement resulting from the abuse.
  5. Lost Wages: Recovery for income lost due to the aftermath of the abuse, such as the inability to work.

Non-Tangible Damages: Addressing the Invisible Wounds

Beyond the tangible losses, survivors can seek compensation for non-tangible damages, acknowledging the emotional toll of the experience. These damages include:

  1. Memory of Living with the Injury: Recognition of the ongoing psychological impact of the abuse.
  2. Pain-and-Suffering: Compensation for the emotional distress endured.
  3. Loss of Enjoyment of Life: Acknowledgment of the diminished quality of life resulting from the abuse.
  4. Damage to Reputation: Recovery for harm to the survivor’s reputation caused by the assault.
  5. Loss of Consortium and Companionship: Compensation for the strain on relationships with family, spouses, children, and friends.

Punitive Damages: Accountability for Gross Negligence

In certain cases, survivors may pursue punitive damages if the defendant’s actions were particularly egregious. This can extend to institutions, schools, and businesses that failed to address allegations of sexual assault adequately or negligently hired registered sex offenders without thorough background checks.

Real cases underscore the importance of holding such entities accountable. Instances where institutions overlooked allegations or employed sex offenders without proper scrutiny have led to significant legal consequences. For instance:

1. Nassar Survivors vs. Michigan State University and USA Gymnastics:

Details: Larry Nassar, a former sports doctor at Michigan State University and USA Gymnastics, sexually abused hundreds of young athletes for decades. Despite numerous complaints and reports, both institutions failed to take adequate action, allowing the abuse to continue.

Outcome: In 2018, Michigan State University agreed to a $500 million settlement with Nassar’s survivors, while USA Gymnastics filed for bankruptcy in 2017 due to the immense legal costs associated with the scandal. This case serves as a stark example of how institutional negligence can enable prolonged abuse and the importance of holding powerful organizations accountable.

2. Hidden Predator Case:

Details: In 2020, a former student at Hidden Hills Preparatory School in California sued the school after a teacher, Christopher Sommer, was convicted of sexually assaulting her. The lawsuit alleged that the school knew or should have known about Sommer’s predatory behavior but failed to act, putting students at risk.

Outcome: The lawsuit is ongoing, but it highlights the dangers of schools turning a blind eye to potential predators on their staff and the legal consequences they may face for such negligence.

Compensation Recovery: Legal Avenues

If you or someone you know has been a victim of sexual assault, you have the right to seek compensation for the damages endured. Our law firm is committed to providing free and confidential consultations to survivors seeking justice. Contact us today at (973) 598-1980 or howardgutman@aol.com to discuss your case and explore the legal avenues available to you.

Sources:
  1. Michigan State University Reaches $500 Million Settlement With Nassar Abuse Victims | npr.org
  2. USA Gymnastics’ $380 Million Bankruptcy Plan Gets Approval | Bloomberg Law
  3. How Larry Nassar ‘Flourished Unafraid’ for So Long | The New York Times
  4. Child Sex Abuse Case Against District Upheld By NJ Supreme Court | Patch
  5. ‘Completely destroyed’: Nury Martinez talks about the leaked recording and her life today | Los Angeles Times

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