Sexual Abuse when I was a Child: Is it Too Late to Act?
/By Kathy Goater
"I've just become strong enough to confront my abuser - can you help?" This is a conversation I have with prospective clients several times a month. Child sexual abuse is perpetrated by persons with leverage over the child - be it age, position of trust, authority, or the ability to instill fear. It may take years before the victim of the abuse is able to confront what happened and come to grips with the impact of the sexual assault on their psyche and emotional well-being. We repeatedly see this dynamic in media reports of sexual abuse perpetrated by priests, television personalities, and sports figures. Make no mistake, this same pattern of delay in reporting sexual assaults and the concomitant occurrence of long term harm, happens with victims of sexual assault in all walks of life.
What about the delay in taking action?
Washington law recognizes the dynamics of child sexual abuse and permits the filing of lawsuits when a victim realizes the impact of abuse years after the abuse occurs. RCW 4.16.340 Even when the criminal justice system can't or won't act, victims still have an avenue to hold accountable those who perpetrated the abuse or were responsible for creating an environment where abuse was able to occur.
What are your options?
- Contact the authorities: If your primary goal is to stop the offender from hurting another person, report what happened to those who have a legal obligation to protect children. Call the policeorchild protective services.
- File a civil law suit: Your attorney can send a letter to the perp as notice of thelawsuit you are about to file and to request their attorney contact your attorney by a date certain if (a.) they wish toresolve the matter before your lawsuit is filed, (attaching a copy of the lawsuit is advisable), or (b.) to advise if their attorney will accept service of the lawsuit.
- Determine if other persons or groups had a legal duty to have acted to prevent the abuse. If so, proceed with a lawsuit against those whose actions were deficient and resulted in creating a situation where the abuse occurred.
The dynamics of child sexual abuse results in delayed reporting of the abuse - this is the norm. Even when the abuse occurred years ago, one may still be able to bring a civil lawsuit against those who should be held accountable. Civil lawsuits can effect change, assist in one's healing process, give the victim the opportunity to be heard, and provide compensation for the harm that has been caused.
