Defending Against Civil Sex Abuse Suits

A criminal defendant has a right to remain silent; this is the privilege against self-incrimination. The judge in a criminal case won't order the accused to tell the prosecutor in advance what he or she will say when the trial comes.

In the pre-trial phase of a civil case, a defendant is generally required to answer the plaintiff's questions about most subjects related to the case. But, unlike a criminal jury, a civil jury is permitted to infer from a defendant's refusal to speak, either before trial or at trial, that the defendant has something to hide. A defendant who faces criminal and civil claims at the same time is thus in a tough spot: their civil jury will likely penalize them if they exercise their right to remain silent, even though that is usually their best course at least until their criminal trial comes.

Washington law provides a solution. Often, the proceedings in the civil case can be stayed (that is, suspended) until the criminal case concludes. Marshall & Saunders lawyers can work on your behalf to stay your civil case.

Institutions can be found liable for child sexual abuse. For example, religious organizations have been found liable in cases where they kept clergy in positions of power despite known abuse allegations.

Similarly, businesses, schools, camps, and other organizations that place people in authority over young persons can be found liable for abuse by their employees or volunteers.

The spouse of the defendant is often also sued. The plaintiff typically alleges that the spouse had reason to suspect their partner's abusive behavior yet did nothing to prevent it or warn potential victims or their parents of the danger.

If the defendant was younger than 18 at the time of the alleged abuse, their parents may also be sued. As in a claim against a spouse, the plaintiff usually alleges that the parents negligently failed to protect the victim or to warn others of potential danger.

Insurance companies are able to pay large awards, which is why the defendant’s spouse or parent is often added as a defendant. While sexual abuse is typically considered intentional and not covered, a spouse's failure to protect or warn is considered negligent and may be covered by homeowners insurance.

However, many policies now exclude all claims related to sexual abuse, so coverage is more common in older cases.

Judgments for civil sexual abuse can mean a little money or a great deal of money. Every case is different. If the abuse was especially invasive and happened many times, the award could be more than a million dollars.

But suppose the abuser doesn't have as much money as a court is likely to award. This is quite often the situation. If the case goes to trial and judgment is against the defendant, the defendant must turn over everything they have except certain assets the law allows them to keep.

Washington law provides a homestead exemption of $125,000 or the county median sale price of a single-family home in the preceding calendar year— whichever is greater. This means a defendant gets to keep a substantial amount of home equity even if that means the full judgment is not paid.

However, a defendant can typically preserve more assets by negotiating a settlement. A plaintiff will often settle for less than a court might award in a judgment because a settlement avoids the work, expense, delay, and risk of losing inherent in a trial.