Each year, more than 3 million children are reported as abused or neglected in the United States. Unfortunately, this abuse affects millions of American families. It has been estimated that one in three girls and one in seven boys will be sexually molested before age 18. The typical serial child molester will abuse more than 380 victims over the course of his lifetime. On average, a molester is able to abuse 30-60 children before he is even caught for the first time. Sexual assault can happen to anyone of any age, at any time, in any place. Women, men, and children of all races, classes, backgrounds, shapes, and sizes are potential victims. Sex offenders can be of any age, race, class, gender, occupation, or sexual orientation, and many sex offenders have a criminal record of previous sexual assaults.

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. 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 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 where an adult molests a child.

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, 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.