Frequently Asked Questions

Victims of sexual abuse may understandably feel vulnerable and fear retaliation or further harm if they come forward publicly. The good news is that you can file a sexual abuse lawsuit anonymously. Under the guidance of your attorney, you can opt to file for a “Motion to Proceed Anonymously,” and more often than not, judges will grant the motion.

Yes, the law recognizes that victims of certain crimes, including sex crimes, may file a lawsuit using a pseudonym (such as Jane Doe or John Doe) to protect the victim’s identity and keep it confidential and out of the public record if public disclosure would result in psychological harm or retaliation. The identifying information of sexual assault victims is typically protected. In a civil case, victims are generally permitted to proceed under a pseudonym such as “Jane/John Doe” or with using their initials to protect their privacy.

Whether or not you’ll have to testify in court if you file a sexual abuse lawsuit depends on various factors. If you file a civil sex abuse lawsuit, you may not have to testify in court. However, if the accused individual ends up facing criminal charges, you may be required to testify during the trial.

When you have our expert legal team by your side, you will be guided through the legal procedures involved and advised on whether your testimony will be necessary for your case. Our team will work diligently to protect your rights and advocate on your behalf, ensuring that you receive the support and representation you deserve throughout the legal process.

A deposition is a sworn statement provided by a witness which can be used in lawsuit. The defendant in a sexual abuse lawsuit has the right to take a deposition of the plaintiff to gather evidence in the case. At your deposition, the attorney representing the defendant will ask you questions about your background, your abuse, and how the abuse has affected your life, which you are required to answer under oath. A court reporter, also known as a stenographer, will be present to record the deposition and prepare a transcript of what is said there. We understand that the process can be stressful and challenging. Rest assured, we will be with you every step of the way and will make sure you are as comfortable and prepared as possible.

No. All sex crimes should be reported to law enforcement. The criminal and civil justice systems operate separately and accomplish different goals. Many of our civil cases also involve criminal proceedings. The criminal justice system seeks to hold perpetrators of sex crimes accountable by sanctioning those who violate the law with criminal penalties. Those cases are brought by the state or federal government and the crime victims are witnesses but are not parties to the action. On the other hand, the civil justice system typically involves a privately filed lawsuit in which the victim gets to participate and make an important decision regarding the outcome of the case. In a civil case, we seek accountability and retribution from not only the perpetrators but also those whose neglect enabled or failed to deter the misconduct. This may include bringing a lawsuit against an employer, supervisor, business entity or organization that negligently hired, retained or failed to supervise the perpetrator. Although in civil lawsuit people sometimes focus solely on monetary gain, Horowitz Law has found that real value in civil lawsuits is in the process of standing up for one’s self, exposing perpetrators and enablers, and holding them accountable. Our clients find that this process is in itself a cathartic and validating experience.

When a sexual assault occurs, the state may file criminal charges against the perpetrator. If a jury finds him/her guilty, your attacker may be spending some time behind bars. However, if you so choose, a predator can face more than criminal charges. Victims of sexual assaults (and/or their loved ones if the victim is a child) may also file a civil suit against their attacker to recover damages.

Child abuse victims and their guardians – Both children and their caregivers can file separate suits against the abuser for the physical and emotional injuries the child suffered as a result of the abuse.

The suit may include multiple causes of action including negligence, battery, and intentional infliction of emotional distress.

Adult sexual assault Victims – Victims of sexual assault can file suit against their attackers for the physical and emotional harm they suffered.

The first person in your suit will likely be the perpetrator, but you might be able to name other parties as well. For example, you might name an employer or property owner if negligent security, failure to maintain property, negligent hiring, or negligent supervision allowed the attack or abuse to occur.

Some of these potential defendants include:

• Schools or day cares
• Businesses that failed to protect clients
• Cruise ships or yacht/boat owner
• Religious institutions or church
• The abuser’s employer
• Youth-serving organizations (YMCA, Boy Scouts, Boys and Girls Club, Big Brothers Big Sisters of America, etc.)

Proving sexual assault can be challenging, but we will handle all aspects of your case from the get-go. If successful, you can recover a large amount of damages due to the horrific nature of these cases. In addition to monetary damages, you can have peace of mind knowing that you are holding your attacker or your child’s attacker accountable for his/her actions. We will investigate the facts of your case and find the available evidence to help you prove your case.

To prove your case, we may need to show:

• Sexual contact or behavior
• Knowing behavior or intent on the part of the defendant
• Victim’s lack of consent or inability to give consent

In criminal court, you need to prove that the defendant is guilty beyond a reasonable doubt, which is the highest standard of proof. Proving guilt in civil court is often much easier. To hold a defendant liable in civil court, the plaintiff must prove the defendant was guilty by a preponderance of the evidence. Essentially, this means that we must show that it is more likely than not that the perpetrator committed the crime.

To prove your case, we often present medical records, expert testimony, and witnesses. If necessary, we will enlist the help of experts to show the significant impact of the assault on your life. Many victims of sexual assault suffer from post-traumatic stress disorder and other psychological trauma.

Your physician can testify to your physical injuries while a mental health professional can evaluate your ability to function in daily life. We may also call friends and family to testify to compare your behavior before and after the attack.

Collateral Estoppel

If a criminal court convicted the defendant, it may be easier to prove your case in a civil court. The legal rule of collateral estoppel may allow you to bring the criminal evidence used to convict the defendant in criminal court into civil court.

But the choice whether to move forward with mediation or litigation is yours. We aim to resolve your matter swiftly and efficiently, allowing you to move forward with your life.