Monday, November 30, 2015

Filing a Civil Lawsuit for Child Sexual Abuse

In any criminal case against child sexual abuse or child molestation, the person behind the abuse is punished while a civil case is intended to pay compensation to the victim as well as his/her family. According to Sacramento, CA sexual harassment lawyers, filing a civil case for child sexual abuse is based on numerous and diverse legal theories that are termed "cause of action".

Evil People will try to Hide 

If you know of a case like this or if you have been victim of something under this category, you need legal help. You can press right here to make this happen. The Internet may be fast but it needs to be since someone who commits this time of crime is going to leave the area and/or work fast to cover up any evidence. There is not any time to waste, time is truly of the essence.

In such a case, the perpetrator and in some cases his/her employers could be sued, by the child or his/her parents. Here are the different theories that can be applied in a child sexual abuse case, and the way in which a civil suit could be resorted to gain recompense for the victim/s of child molestation.

If the perpetrator has ever been sentenced for child abuse in a criminal case, it can be easier for the plaintiff to succeed in a civil case. This is done by resorting to a complicated rule termed “collateral estoppel.” Even if this is not the case, a plaintiff in a civil case suing for child molestation may win a civil case, as the plaintiff has only need to show only one thing: it is "more likely than not" the defendant committed the child molestation.

Thus, it is not necessary for a jury to be certain about the guilt of the defendant, in order to find him/her responsible in a civil trial, according to California sexual harassment attorneys.

The Various Causes of Action

For the most part, there is no single cause of action for "child sexual abuse." Rather, a plaintiff can include various causes of action in one single case. In fact, the same facts could render a defendant legally accountable under diverse legal theories, but this doesn’t mean that the plaintiff can obtain more as money damages. However, it signifies that a plaintiff stands an improved chance in the winning of the civil case.

Sacramento, California sexual harassment lawyers stress that the more important of the courses of action are battery, assault, and deliberate as well as negligent infliction of emotional suffering.

Damages in a Child Sexual Abuse Case

Irrespective of any legal theory, the basic monetary damages in a child molestation case comes from the emotional and physical harm a child has experienced and continues to suffer, and the emotional harm suffered and will suffer by the care givers of the child.

Sacramento is not known to be tough on child sexual abusers because of its lenient tendencies towards criminals in general as in many other Californian cities but child sexual abuse is still punished for the most part in the state capital. If you need a Sacramento sexual harassment lawyer, you do not have to look far nor expunge that much energy. Just go right here: https://usattorneys.com/. There is not a moment to spare since child molesters and abusers will do anything to stay out of prison. 
The causes of action explained above are never the last word. A fantastic and skilled lawyer can find several other theories of law according to facts of the case. The causes of action remain flexible; a guilty person cannot escape his/her crime, just because his/her actions refuse to fit an existing legal mold.

Under the circumstances, it is imperative to seek help from a solid and committed California sexual harassment lawyer who will be able to apply the right codes from state law. Your legal representative will not only protect your rights but make sure that you are adequately compensated for any type of damages including emotional distress and pain. 

No comments:

Post a Comment

Popular Posts