Child Molestation
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Overview
Each year, more than 3 million children are reported as abused or neglected in the United States. It has been estimated that one in three girls and one in seven boys will be sexually molested before age 18, and a typical serial child molester will abuse more than 380 victims over the course of his or her lifetime.
Molestation and Liability
Molestation occurs when an adult or person significantly older than a child engages in sexual activity with a minor. The abuse can be over an extended period of time, or a one-time incident, and can include touching, fondling, kissing in a sexual manner, oral sex, masturbation, or digital or penile penetration of rectum or vagina. It is important to distinguish between criminal and civil liability for child molestation. Criminal laws govern situations where the state will prosecute an individual for engaging in certain proscribed conduct. For example, in California, a person commits the crime of sexual battery when he acts with intent to either 1) cause a harmful or offensive contact with an intimate part of another; 2) cause a harmful or offensive contact with another by use of his or her intimate part; or 3) cause an "imminent apprehension" of harmful conduct; and any of the above three results in a sexually offensive contact with the victim. Cal. Civ. Code § 1708.5(a). Civil law, on the other hand, allows a victim of molestation to sue the offender for damages resulting from the offensive behavior. Child molestation is a sexual battery, an intentional tort that is defined as an unauthorized and offensive touching of another.
Damages
In general, a victim can recover damages for compensation for physical injuries along with mental anguish. As a general rule, punitive damages are awarded in addition to compensatory damages where a sexual battery is committed in a wanton and malicious manner or under other circumstances of aggravation. Punitive damages are not based on actual injuries sustained. Rather, they are a way to punish the defendant for intentional conduct. The age, sex, conduct involved, and relationship of the parties will be important in determining whether the sexual battery was of such a nature as to warrant the allowance of punitive damages. Such damages are often allowed.
If your child informs you that he or she has been sexually abused or you think they may have been abused, here are some steps to help you get through the situation:
- You do not want to further alarm the child. Stay calm. Your reaction and attitude will play a key role in your child's healing.
- Call the police or sheriff's office immediately. The one who molested your child has probably molested before and will molest again.
- Never confront the molester yourself.
- Respect the child's privacy. Find a private place and listen to their story. Encourage your child to talk about what happened. Record name, dates, times, and locations so you don't have to rely on your memory when passing on information to the authorities. This will spare excessive questioning which can make a child feel that the adult does not believe him or her.
- Share the information only with those who need to hear about it. Sexually exploited children are extremely vulnerable to comments from relatives and friends.
- If some time has lapsed since the abuse, don't ask "why didn't you tell me before?" Molesters are experts at manipulation. Children are often threatened not to tell anyone and need assurance. Affirm that you are going to protect them.
- This is not the time to scold, no matter how often the child has been warned about strangers or told not to go anywhere without permission. Never express anger or punish a child - even if they have disobeyed your orders by being at a location they have been warned about.
- Continue to affirm the child and explain that they have done nothing wrong. Children easily assume the guilt and responsibility for what happened. They can be easily enticed or tricked and later blame themselves because they feel they should have been stronger or smarter.
- Get immediate medical attention. Sexual abuse must be documented if charges are to be pressed. Sexually exploited children often have physical injuries, and more children are getting sexually transmitted diseases today than were affected by the polio epidemic of the late 40's and early 50's.
- Get counseling/therapy for the child. Children are not emotionally equipped to deal with the trauma of sexual abuse. Get the best professional help available. Look for a professional who is experienced in cases of molestation. Don't try to handle your feelings alone. All family members need attention when one member is victimized.
- Do not vent your anger or other feelings in front of your child who may feel at fault for upsetting you and regret reporting the abuse.
- Children seldom lie about acts of sexual exploitation because of the shame and guilt associated with it. Take what they say seriously.
- Don't be surprised - or upset - if your child reports to someone outside the family. Children become very concerned about a parent's reaction.
- Keep the lines of communication open. Never forget that the child is a victim - the molester is a criminal.
In all child molestation cases it is essential that measures be taken promptly to preserve evidence, investigate the incident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of molestation, call Blackman Legal Group now at 1-800-444-5602 or CLICK HERE TO SUBMIT YOUR QUESTIONNAIRE FOR A FREE CASE EVALUATION. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.