If you have been sexually abused or molested, the aftermath of that experience can be horrible. It can affect you for your entire life, and for that reason, many survivors of sexual abuse opt to pursue compensation from their abusers. If you are interested in pursuing compensation, here's what you need to know.
1. You may have to win a criminal case first.
In order to be granted compensation for sexual abuse, you may first need to win a criminal case. That establishes that the abuser was guilty. In some cases, you may be able to pursue compensation through a civil case, but the court still needs to be convinced that the other person abused or molested you.
2. Your abuser may need assets or employment to compensate you.
If you win compensation in a court in law, the court decides how much compensation you are going to get. However, the abuser has to pay that amount. As a result, it can be easier to get compensation if your abuser has some assets that can be liquidated or earnings that can be garnished.
If your abuser is destitute, your compensation attorney will have to look for alternative funding sources for your compensation.
3. Insurance policies can help.
Even if the person who abused you does not have any money or assets, they may have an insurance policy. In some cases, homeowner's insurance policies have property owner's or personal liability coverage, and this coverage often covers injuries or accidents that occur to the homeowners' guests.
If your abuser was insured at the time of the abuse, his or her insurance policy may be forced to cover any compensation ordered by the courts if the abuse took place in his or her house. Keep in mind liability coverage is usually for accidents, but a good compensation attorney may be able to effectively argue that the policy should cover criminal neglect or criminal acts as well.
4. Employers can be another helpful source for compensation.
In other cases, you may be able to hold the abuser's employer indirectly responsible, and you may be able to get compensation from them. This typically applies if the employer knew about the abuse but did not stop it. For example, if you were abused by a teacher and the school know about it but did not remove the teacher from his or her post, the school itself, if it is a private institution, may be financially responsible. If it is a state school, the responsibility may go to the school board and ultimately to the state.
As another example, if you were abused by a member of the clergy and the church knew about the abuse or know about other cases of abuse the abuser was involved in, the church may be held financially responsible.
5 There may be a limitation period.
On most sexual crimes, there is a limitation period of three to 12 years. If the limitation period has passed, it can be difficult or even impossible to bring a case forward. Because of that, it's important to contact a compensation lawyer as soon as possible so they can help you start assessing your choices. For more information about your options, contact lawyers through firms such as Young And Muggleton.