Can You File a Childhood Sexual Abuse Claim When You’re an Adult?

Sexual abuse often triggers trauma. For minors, that trauma is hard to identify and process.

It might lead the victim to repress the memories. Later in life, through counseling, the memories could resurface. There might also be a scenario where the victim hasn’t ever spoken about what happened to them out of a sense of shame.

When someone else comes forward, it often empowers other victims.

What happens next? Can you file a childhood sexual abuse claim when you’re an adult?

The short answer is “yes,” but there are limitations. If you are a survivor, it would be helpful to speak with an experienced Charleston sexual abuse lawyer to get the support and guidance you need to make an informed decision about moving forward with your claim.

The attorneys at Hendrickson & Long, PLLC, approach these claims with compassion and discretion.

Before you can move forward with the claim, you need to make sure that you’re within the filing deadlines.

Understanding Your Right to File a Claim as an Adult Survivor

Every state sets a statute of limitations for filing personal injury claims and criminal charges.

West Virginia law sets time limits for filing civil personal injury claims, including claims involving sexual abuse. For childhood sexual abuse claims, the law allows a survivor to file a civil lawsuit against the alleged perpetrator within 18 years after reaching the age of 18, or within 4 years after the injury is discovered, whichever period is longer.

This means that, in many cases, a survivor may have until approximately age 36 to bring a claim, though the exact deadline can vary depending on when discovery of the abuse occurs and how the law applies to the specific facts.

Claims against persons or entities that allegedly aided, abetted, or concealed the abuse are also subject to an extended limitations period, allowing filing within 18 years after the survivor reaches adulthood.

For sexual abuse that occurs when the victim is already an adult, West Virginia’s general personal injury statute of limitations typically applies two years from the date of the injury.

However, in some cases where the harm was not immediately discovered, the discovery rule may extend the filing period, depending on the facts and applicable law.

Identifying Liable Parties Beyond the Individual Abuser

The primary target of a sexual abuse claim is the abuser. However, there are many instances where the abuse was committed while employed or volunteering at a specific entity.

It’s crucial to expand the scope of the claim in order to hold any liable party accountable.

These are some of the examples of liable parties that might have contributed to the abuse:

• Employers and Organizations: When a company fails to conduct a thorough background check on an employee, it may constitute negligent hiring. For instance, there could be a record of past complaints or arrests involving similar issues. That’s not a person who should be hired to work around kids. Those same companies could also be found negligent for failing to provide adequate training or supervision.
• Schools and Universities: As with companies, a school or university can be found liable for failing to act on reports of misconduct. If they didn’t make a safe environment for the students, it could be an actionable cause.
• Churches and Religious Organizations: Churches have had a pattern of misconduct involving clergy accused of misconduct. Instead of dealing with the issue, they’ve simply transferred the alleged abuser. That type of cover-up can be a clear indication of abusive clergy at all levels.

• Youth Organizations and Sports Clubs: These entities may be held liable for negligence in screening volunteers and coaches
• Property Owners and Managers: When a property owner or manager fails to provide adequate security and an attack occurs, they could be found liable for creating an unsafe condition. This often applies to hotels or apartment complexes.

Taking the First Steps Toward Legal Action and Healing

Deciding to come forward as an adult survivor of childhood sexual abuse is both a legal and deeply personal step. Whatever reasons prevented you from coming forward sooner aren’t as important as the fact that you’re taking a stand now. That brave move should be supported with compassion and information.

The attorneys working at Hendrickson & Long, PLLC have helped many survivors of sexual abuse hold their abusers accountable.

In the pursuit of justice, we’ve also stood up to school districts and other entities to hold them accountable as well. If we agree to work with you, we’ll conduct an exhaustive investigation, no matter when the incident occurred. As we move forward with the claim, we’ll keep you informed about any challenges while prioritizing your privacy and emotional well-being.

The first step is to schedule a free and confidential consultation with our firm. We’ll listen to what happened and discuss the next steps to find accountability.

Call to schedule your talk today, and let’s work together to find closure.