There is no single action that is labeled as child sexual abuse. Instead, there are various legal theories that come in to play. It is the combination of these legal theories that a child sexual abuse case is based on.
The more legal theories involved, the more serious the crime, and the more likely a child or his or her parents are to win their case. However, having more theories may not mean they will receive more in damages. A Coeur d’Alene sex abuse of minors attorney can help.
Legal Theories That Are Often Used In A Child Sexual Abuse Case
Below are some (but not all) of the most common legal theories that come into play with these types of cases:
● Negligent infliction of emotional distress
● Intentional infliction of emotional distress
● False imprisonment
It is important to understand; these charges can be imposed individually or combined. A person does not need to be found guilty of all of these to be found guilty of child sexual abuse. In most cases, more than one cause of action is charged.
As an example, assume Mr. Smith saw Megan walking home from school. He grabs her and takes her to a secluded place to assault her. He could be charged with assault, battery, infliction of emotional distress and kidnapping.
However, if Mr. Smith came in contact with the child through his sports team, he may not have kidnapped her at all. He may have tricked her into coming to his office and refused to let her leave.
This means he is charged with false imprisonment. In some cases, he will be charged with both. The legal system gives the attorney plenty of room to ensure he can bring a case that will stick, and justice will be served.
Why Are The Laws Set Up This Way?
Child sexual abuse has no boundaries. The perpetrator may be a family member, friend, teacher, or stranger. It can happen to infants, toddlers, children, and teenagers. It happens to both sexes. It happens in every race, and in every social standing.
Breaking down the causes of action in a child sexual abuse case gives the attorney more power to bring the perpetrator to justice. A skilled attorney will break down the actions taken to harm the child and customize the charges against the attacker.
The legal system keeps the limits of the charges open so no one can skate away due to terminology. Since it is the individual causes of action that are focused upon, a molester cannot get away with sexual abuse because their form of abuse does not fit the legal term of sexual abuse. There are many ways the attackers reach and hurt the children. This means there must be as many ways to reach and punish the attacker.
Who Can You Sue?
The attacker can be sued for their actions. Anyone who helped the molester gain access to the child can also be sued. If there was a group involved that neglected to protect the child, they could be sued as well.
One example is an employer. If the employer hired a person to work with children and did not properly screen and supervise the employee, they could probably be sued.
If the abuse is known or suspected by an adult and they do not immediately report the fear to the police, they can be included in the suit. If the child told an adult of the abuse and that person refused to notify the authorities, they are often included in the suit.
Who Can Bring Charges For Child Sexual Abuse?
● The child
● The parents of the child
● The legal guardians of the child
The law is on the side of the child. However, it is important that a lawyer is used to fight for their rights understands the way of the law. His or her skill will secure the case, and this is how the child will get justice.