Pittsburgh Sexual Abuse Lawyer

Sexual Abuse Attorney in Pittsburgh, PA

If you’re seeking justice for a past trauma, a Pittsburgh sexual abuse lawyer from Ainsman Levine, LLC, can help you understand your rights and go through all of your options to pursue compensation.

In recent years, national institutions have faced a reckoning as survivors of child sexual abuse bravely come forward to share their stories. Pennsylvania continues to investigate child sex abuse claims in the Boy Scouts of America (BSA). Over 83,000 abuse claims have been filed against the BSA, with 1,700 claims of sexual abuse made against BSA councils in Pennsylvania alone. We stand firmly with survivors of this horrible institutional abuse.

The allegations against BSA stretch back decades, exposing shocking truths about the organization’s failure to protect its young members from predatory individuals. The sheer number of claims made against Boy Scout councils in Pennsylvania alone is alarming, representing a profoundly distressing betrayal of trust and an unequivocal call for justice.

The need for systemic change is urgent. In the meantime, the experienced attorneys at Ainsman Levine, LLC, will do everything in our power to help survivors obtain justice.

Sexual Abuse Cases and the Catholic and Protestant Clergy

In 2018, a Pennsylvania grand jury investigation sent shockwaves through the state when it exposed a dark truth hidden for decades. The report revealed that more than 1,000 children had suffered sexual abuse by over 300 PA Roman Catholic priests between 1970 and 2000.

The grand jury’s report compelled Pennsylvania to reevaluate its child sexual abuse laws, leading to crucial changes that aimed to provide greater support and avenues for justice for survivors.

Sexual Abuse Laws Extend the Statute of Limitations

Following the release of the grand jury’s report, Pennsylvania took a significant step forward in 2019 when the state extended the civil statute of limitations for child sexual abuse victims. This extension now permits victims to file civil claims until they reach the age of 55, allowing survivors more time to seek legal recourse and heal. Individuals abused between the ages of 18 and 24 now have until they turn 30 to file their claims under state law.

Limitations on Pre-2019 Sexual Abuse Cases

While these changes present a significant improvement for survivors, it is important to note that cases of abuse occurring before 2019 still fall under the previous civil statute of limitations. Under the old statute, adults are given just two years from the date of the abuse to file a case, while child survivors have until they turn 30 to initiate legal proceedings.

The Difference Between a Civil Claim and a Criminal Case

Understanding the difference between a civil claim and a criminal case is essential for survivors of child sexual abuse. Many people assume that a criminal conviction is needed before you can take action, but civil claims operate under a separate legal system that’s focused on compensation and accountability.

Knowing how each type works, coupled with the differences in the burden of proof and the potential outcomes, can really help survivors make informed decisions about what’s required to pursue justice.

Criminal Cases

Criminal cases focus on holding the abuser personally accountable under the law, as opposed to holding them financially responsible for your damages. To bring a criminal case, the following snapshot showcases what is required and what the result could be:

1. Purpose. Criminal cases are designed to punish the abuser for violating the law. The focus is on society’s interest in holding the offender accountable and preventing them from hurting other people.
2. Burden of proof. To secure a conviction, prosecutors need to prove the case beyond a reasonable doubt. This means that the evidence can’t leave any logical uncertainty about the defendant’s guilt. This is the highest legal standard in the United States.
3. Outcome. If convicted, the abuser could face jail or prison time, fines, probation, mandatory registration as a sex offender, or other criminal penalties.

Criminal cases are about the offender, as opposed to the survivor. However, they can offer a sense of justice and closure for those who suffered at their hands.

Civil Cases

On the other hand, civil cases give survivors a separate path to justice, one that places them at the heart of the proceedings. Unlike criminal cases, civil claims focus on proving liability over guilt. To bring a civil claim, the following shows what’s required:

1. Purpose. Civil claims focus on obtaining compensation for survivors. They allow survivors to hold both the individual and the institution responsible for either enabling or failing to prevent the abuse.
2. Burden of proof. Civil claims use a lower standard, known as the preponderance of the evidence, which means compensation can be awarded when it’s more likely than not that the abuse occurred.
3. Outcome. Survivors can recover monetary damages for medical bills, lost wages, emotional suffering, and psychological trauma. Civil claims could even lead to injunctive relief, whereby the institutions are required to implement safety policies, training, or oversight to prevent further abuse.

While it can be disheartening when the prosecution cannot prove the abuse beyond a reasonable doubt, it’s possible for survivors to pursue a civil claim even without a criminal conviction, which means the defendant can still be found responsible for your damages even if they’re not found guilty. At Ainsman Levine, LLC, we stand with survivors, and we’re here to guide you through every stage of the process.

Who Can Be Held Responsible Besides the Abuser

In many child sexual abuse cases, the abuser isn’t the only one who can be held accountable. Institutions and organizations that failed to prevent the abuse, ignored warning signs, or those who were negligent when supervising their staff could also bear the responsibility.

Understanding who can be held responsible is critical for survivors, as pursuing claims against both individuals and institutions can increase the potential amount of compensation in a sexual abuse case. Some common potential defendants could include:

• Schools and universities
• Churches, dioceses, and faith organizations
• Youth organizations
• Employers
• Landlords and hotels
• Healthcare facilities and residential treatment centers

The dedicated team at Ainsman Levine, LLC, can help identify all of the potentially responsible parties and guide you through complicated liability issues to make sure the abusers and the negligent institutions are held accountable.

How Institutions Get Held Liable

In order to be held liable, courts look at whether the institution involved failed to take reasonable steps to protect those who were in their care. Some of those reasonable steps include:

• Negligent hiring or screening of employees
• Negligent supervision or retention of staff
• Failure to warn of or report prior incidents
• Ignoring prior complaints or red flags
• Inadequate policies, training, or security

Holding institutions accountable is a critical part of achieving justice in a sexual abuse case. When you hire a sexual abuse lawyer from Ainsman Levine, LLC, we work to identify all liable parties, navigate complicated institutional liability, and fight for the rights of survivors at every stage of the process.

FAQs

Q: Can Institutions Be Held Responsible if an Abuser Acted Alone?

A: Yes, institutions can still be held responsible if an abuser acted alone under the theory of negligence. If an organization failed to hire qualified staff, ignored prior complaints, or didn’t enforce proper safety policies, they could be responsible for contributing to or allowing the abuse. Our team can investigate the potential liability of the institution involved and hold them accountable.

Q: What Types of Evidence Are Needed in a Sexual Abuse Case?

A: The types of evidence needed in a sexual abuse case include witness statements, emails, texts, prior reports, medical and counseling records, and internal institutional documents. Even without physical evidence, the testimony of the survivor and credible accounts can be sufficient for a favorable outcome under civil law. Our team can compile the evidence that’s needed to prove liability.

Q: What Is the Romeo and Juliet Law in Pennsylvania?

A: Pennsylvania’s Romeo and Juliet law provides certain protections for those who engage in consensual sexual activity as minors who are close in age. Specifically, it can prevent the older teen from being prosecuted for statutory assault charges if the age difference falls within the limits. However, this law only applies to consensual relationships and doesn’t apply to situations where the older teen was the abuser.

Q: Can I Still File a Claim if My Abuser Already Passed Away?

A: Yes, you can still file a claim if your abuser has already passed away. It can take years for survivors to come forward, and in situations where the abuser was a lot older, this kind of situation is common. Survivors can pursue a civil claim against the abuser’s estate to get damages like medical expenses, therapy, psychological trauma, lost wages, and emotional distress. In addition, if an institution was involved or negligent, it can still be held liable.

Hire a Sexual Abuse Lawyer Today: Hold Them Accountable

The unveiling of the widespread sexual abuse perpetrated by Roman Catholic priests and the BSA in Pennsylvania initiated a long-overdue reckoning with child sexual abuse and its devastating consequences in state institutions. Although progress has been made, persistent limitations on pre-2019 cases and roadblocks to legislative reform highlight the ongoing struggle for justice.

At Ainsman Levine, LLC, we’re a local firm, and we believe that it is our duty to stand alongside survivors as we strive for a future where their rights are protected, their voices are heard, and justice is achieved. Our team regularly practices at the Allegheny County Courthouse, the Westmoreland County Courthouse, and the Beaver County Courthouse. This means we understand local court procedures and how these cases move through the system.

Contact us online or call us at 412-338-9030 for a free consultation with a Pittsburgh sexual abuse attorney.