What Legal Rights Do Survivors of Sexual Abuse Have in West Virginia?
To call someone a survivor of sexual abuse is a way of empowering that person. It means the abuse has stopped and they are taking proactive steps to recover.
That recovery journey can involve months, if not years, of therapy and counseling designed to help survivors process what happened. Counseling also helps survivors develop coping strategies to maintain healthy relationships and get their lives back on track.
That is not to say the path to recovery will be easy. A sexual assault triggers intense feelings of shame, hopelessness, and anger. One small measure of comfort can be found in holding those responsible for the abuse accountable.
That accountability can look like an arrest, trial, and conviction that leads to incarceration and the guilty party registering as a sex offender.
Accountability can also come in the form of a civil lawsuit aimed not just at the assailant, but at the company or organization that hired them, or a property owner whose negligence fosters an environment for an attack. An experienced Charleston sexual abuse lawyer can provide survivors with the support and guidance needed to pursue a civil complaint against any liable entities.
Survivors are also entitled to certain rights and support. It is helpful for survivors to take full advantage of those rights as part of their recovery journey.
Medical and Investigative Rights
The basic rights for sexual survivors are enshrined in the West Virginia Sexual Assault Victims’ Bill of Rights. Those rights begin with the following medical and investigative rights.
- Free Forensic Exam: A sexual survivor has the right to a forensic medical examination by a qualified provider. That means they cannot be billed or charged for the cost of the evidence collection kit.
- Support Person: A sexual survivor has the right to a victim advocate or personal representative to be with them during medical exams, or any interviews, and related legal proceedings. This is separate from retaining the services of a sexual abuse lawyer who will be your advocate in all legal matters.
- Evidence Tracking: A sexual survivor has the right to be informed about the status and location of their sexual assault evidence collection kit. The police are required to preserve and test that kit in a timely manner.
- No Spousal Exception: West Virginia fully criminalizes all degrees of non-consensual sexual abuse and violence. That means that being in a marriage is not a legal defense for an abuser.
Identifying Liable Parties and Institutional Negligence
In the aftermath of a sexual abuse situation, the focus is on the abuser and bringing them to justice. As a survivor begins to process what happened to them, certain circumstances may come to light that reveal certain organizations may also be partially responsible for the assault.
This would fall under one of the common theories of institutional negligence:
- Negligent Hiring: When an organization fails to conduct proper background checks or ignores red flags during the recruitment of staff or volunteers, it could lead to hiring someone who is woefully inadequate.
- Negligent Supervision and Retention: It is also the responsibility of an organization to monitor all employees or volunteers in a position of trust and ensure they maintain proper boundaries with minors. That is especially true for any employee or volunteer who receives a complaint.
- Failure to Report or Warn: If an organization conceals known misconduct, fails to follow mandatory reporting laws, or quietly transfers a known abuser to another location, it could be considered a form of cover-up. Sadly, this has been a common occurrence in abuse claims involving members of the clergy.
- Inadequate Policies: When an organization involves minor participants, it must operate with clear safety protocols, monitoring guidelines, and accessible reporting mechanisms for victims. Failure to do so can be considered negligence.
Who can be considered a negligent institution? These are some examples:
- Schools
- Universities
- Religious institutions
- Youth organizations such as Boy and Girl Scouts
- Sports league
- Healthcare facilities
- Hospitals
- Corporate businesses
The Role of Confidentiality and Privacy in Legal Proceedings
The rights of a sexual survivor are protected by confidentiality. These incidents are extremely traumatic and personal. Maintaining confidentiality helps reduce the risk of re-traumatization. It also helps shield identities from public exposure. In turn, maintaining privacy will encourage other survivors to come forward.
The dedicated attorneys at Hendrickson & Long, PLLC understand the importance of maintaining confidentiality. We also understand how vital it is to provide closure to a survivor by holding all those responsible for the assault accountable.
If you or someone you love has gone through this type of trauma, you’re entitled to seek a remedy. Reach out today to schedule a free and confidential consultation.
You don’t have to go through this alone.
