Life is not fair. When someone has been victimized by a sick predator, there is not enough money in the world to make it right. They can pay with their money, freedom, or even their life, and it would not repair the damage they suffered.
The law cannot make that right. But, the law can impose penalties that allow a family healing time, and restitution for the financial side of their horrible crime.
It is very hard to separate the emotional distress and damage with the physical and monetary expenses. The combination of the two is the force that destroys families. But, we can show you examples of damages that the court usually awards.
Note: Every case is different. Every child is different. The results and effects of the crime are serious. You need an experienced sex abuse of minors lawyer in Coeur d’Alene that will take a deep and unbiased look at the damages your family endured and will go after those damages. This article is only a guideline.
The following causes of action are punishable in a child sexual abuse case most of the time:
● Intentional infliction of distress on a child
● Emotional infliction of distress on a child
● Forcible imprisonment
● Child abuse
● Loss of wages
● Medical expenses (physical)
● Medical expenses (emotional)
Does That Mean They Will Go To Jail?
You must remember there are two legal systems at work. They are separate. They are the criminal system and the civil system.
The criminal system addresses the person who committed the crime. This is the part of the court system that allows the state to go after a person who is a danger to others and put him in jail. They are charged with the punishment of the crime and then re-entry into society.
Re-entry into society is where probation, monitoring, and sexual registries come into play. In a criminal court, you can expect the state to fight to get this person off the street and to keep them off the street for a long time.
The civil court system allows a family to go for financial compensation. The fact is your life is forever changed. You will face expenses and emotional damages.
Many families do not stand up under pressure. A child may have problems that reach far into his or her future. The civil court allows you to make him pay for those expenses.
Our criminal system requires that we prove that the person we are putting on trial, and no one else, could have done the crime. When a person’s freedom is at stake, they must have the full benefit of the doubt. Even if you believe in their guilt, it must be proven before a prison sentence can be imposed.
In a civil court, the burden of proof is not so strong. You do not have to prove beyond all doubt that this person did this. You have to show that he more than likely did it. This is a court where common sense is in control.
If your family is going through this horror, do not face it alone. Call an attorney.