LAW BLOG

Why You Need to Hire an Attorney at Law for Sexual Abuse Lawsuits

  • By Al de Levie
  • 16 Feb, 2018

A continuous stream of news reports has detailed sexual abuse perpetrated by a wide range of individuals many thought we could trust. The list includes clerics, school teachers, and celebrities. If you find yourself a victim at the hands of a sexual abuser, you need an experienced attorney at law to help.

gavel in focus on top of a table

Sexual Abuse Lawsuits

A continuous stream of news reports has detailed sexual abuse perpetrated by a wide range of individuals many thought we could trust. The list includes clericsschool teachers, and celebrities. While these horrible revelations are uncomfortable for everyone involved, they have raised public awareness about sexual abuse and its consequences.

Sadly, sexual abuse in the United States is much more prevalent than we often like to acknowledge. According to the Medical University of South Carolina, 1.8 million children and teens have been victims of sexual assault. A US Department of Justice funded study found about 20 million out of 112 million women in the United States have been raped during their lifetime.


What Is Sexual Abuse?

One of the lessons from the many sexual abuse scandals that have been aired to the public has been that sexual abuse comes in many different forms. The American Psychological Association defines sexual abuse as “unwanted sexual activity, with perpetrators using force, making threats or taking advantage of victims not able to give consent.” Sexual abuse can come in many forms, including:

-   Rape

-   Molestation

-   Harassment, including making repeated, unwanted solicitations

-   Sending sexually suggestive or explicit pictures online or via cell-phones

-   Taking illicit photographs without the other person’s knowledge or consent


Where Is Sexual Abuse Most Likely To Occur?

Another lesson from the sexual abuse crisis has been that sexual abuse can occur anywhere, even in those places and institutions we generally believe are safe.

Day Cares: Statistics on sexual abuse by daycare centers are hard to come by.

However, one study by the University of New Hampshire's Family Research Laboratory looked at abuse in 270 daycare centers and found over 1,600 cases of sexual abuse.

Schools: While we trust our school systems to educate and protect our children, recent reports have exposed that a shocking number of teachers have been guilty of sexually abusing students. In a recent report, the Associated Press uncovered more than 17,000 cases of sexual assault at schools across the country by reviewing state education records and federal crime data.

Camps: Camps, particularly those requiring participants to stay overnight or for long periods of time, come with a certain level of intimacy that increase the risk of sexual abuse. The abuse may come from other campers or from staff and camp leaders. Unfortunately, according to the American Camp Association, the overwhelming majority of sexual abuse that takes place at camps goes unreported.

Sports Teams: There are certain aspects of sports teams that increase the risk of sexual abuse. Coaches and other staff often have a good reputation and have won the trust of parents and athletes. The coach-athlete relationship places the coach in a major position of influence over the athletes, making it harder for the athletes to stop or report abuse. Further, sometimes cultural factors such as hazing can contribute to sexual abuse by other players. Sports teams also make regular use of medical professionals who form longstanding relationships with athletes, placing the athletes in vulnerable positions. Abuse by team medical professionals recently entered the national discussion with coverage of the sentencing of Larry Nassar, a doctor who formerly worked with gymnasts competing in the Olympics such as McKayla Maroney.

Places of Worship: Of course, clerics and clerical staff of any religion are placed in a position of authority over adults and youth that can make it hard for victims of abuse to resist and report their experiences.


Who Can Be Held Responsible For Sexual Abuse?

It is important to know who can be held legally responsible for sexual abuse. Obviously, the perpetrator can be held liable civilly and, depending on the type of abuse, may be subject to criminal prosecution. However, depending on the circumstances, including where the abuse occurred and the position of the perpetrator, others may be held liable, including:

The Perpetrator’s Employer: Under certain circumstances, the perpetrators employer, whether it be a school, a church, a camp or other institution, may be civilly liable for the abuse because of the doctrine of vicarious liability.

Property Owners: Property owners often have a legal obligation to take reasonable measures to ensure the safety of guests, visitors and residents on their property. There are circumstances where the property owner may be held liable for sexual abuse if they failed to take required measures to provide adequate security or otherwise prevent the abuse.


What Should I Do If Either I Or A Loved One Has Been A Victim Of Sexual Abuse?

The first thing to do to protect yourself and your rights is to report the abuse and to seek treatment. This can be hard to do, especially if the victim is young, but stepping forward to report abuse can help ensure that the abuser is held accountable, that proper testing and evidence collection is performed and that the abuse victim receives proper treatment.

Next, contact an experienced attorney at law immediately. DO NOT DELAY! Sexual abuse cases are very different from other civil cases and can involve many traps for the unwary. Statutes of Limitation, both criminal and civil, may prevent you from filing a claim if you do not make your claim within the time limit allowed by law. Further, making claims against schools and other entities linked with local government often require the claimant to meet additional responsibilities, such as providing notice of the claim to the government entity within a certain amount of time.

You also need an attorney that is familiar with the intricacies of sexual assault cases. Due to the difficulties often involved in diagnosing and proving the less concrete injuries caused by sexual abuse, such as post-traumatic stress, your claim will be made much stronger with appropriate medical testimony, given by psychologists and other doctors familiar with symptoms of sexual abuse. You may also need to obtain experts to show how the school, church or other property owner failed to follow the appropriate laws and guidelines and how those failures contributed to the sexual abuse.


At the Law Office of Alvin F. de Levie, Esq., we have years of experience handling complex cases. We have handled cases from Philadelphia and the surrounding counties to Allegheny County, including Blair County, Centre County, Lycoming County, Montour County, Mifflin County, Cambria County, Cumberland County and Dauphin County. We also have a team of elite lawyers and experts with the knowledge, resources, and experience to take your case all the way to trial if necessary. If you or a loved is a victim of sexual abuse, please call our firm – 24 hours a day, 7 days a week – at 844-777-2529 (Toll-Free) for a consultation. One of our team members will be in immediate contact with you. All conversations are completely confidential We maintain offices throughout Pennsylvania in Philadelphia, State College, Bellefonte and Lock Haven, and we are willing to meet any clients throughout the Commonwealth.



Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury. 


Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards.