FAQ

Most persons who commit sexual abuse against minors are males and are coaches, educators, medical providers, therapists, nursing home staff, boy scout leaders, babysitters, foster parents, and religious figures. They are usually figures of authority or power. An offender could also be a neighbor, sibling, another student, stepparent, stepbrother or stepsister, or other family member, uncle or cousin.

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If your loved one is a victim, we would begin with an investigation of the person, institution or organization that is responsible.  In some cases, the state may have already begun criminal proceedings against the offender or is investigating the organization that employed the defendant. In a civil claim, a law firm can notify the responsible organization of the claim and file it in court so that subpoenas can be issued for documents and depositions taken of certain persons who were aware of the abuse or who should have been, and of other persons who were abused. We will also have to obtain various documents and records from you to support your case. Your claim may involve several causes of action such as assault, intentional infliction of emotional distress, negligent infliction of emotional distress, and negligence in hiring or retention of the offender. For many victims, the court process is part of the healing process.

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If the perpetrator was a neighbor, family friend, or babysitter, there may be compensation from the offender’s personal assets and occasionally from a homeowner’s policy that covers intentional acts. If the person was a sports coach, a doctor at a university, a staff person from a daycare center or nursing home, a foster parent, or a priest or pastor, compensation can be sought from the perpetrator’s employer or from the religious institution. If it took place in a foster home, then the county may be held accountable. In many cases, the employer, organization or institution that employed the offender was aware of the abuse but engaged in covering it up, failed to report it, destroyed or concealed evidence, denied it took place, or simply transferred the offender to another location.

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Damages are usually for emotional or psychological distress. In some cases, punitive damages can be awarded against an organization that knew of the abuse but did nothing to stop it. Compensation can help victims pay for counseling and therapy in order to put their lives back together. In some claims against institutions or organizations such as schools and universities, daycare centers, the boy scouts, or religious institutions, the compensation can be considerable depending on how long the abuse lasted, the number of other victims, the failure of an organization to report the abuse, the extent and severity of your emotional harm, and available funds. Many victims suffer from fractured family and social relationships, drug and alcohol addiction, an inability to hold a job, and homelessness. Some commit sexual abuse against others or engage in other criminal activity as a result of having been abused themselves as children.

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No, there is no requirement that the offender be first criminally prosecuted but a conviction or even an investigation of the alleged abuse can help your civil case. The burden of proof in a civil claim is that of preponderance of the evidence or that it is more likely than not that the defendant committed the act. In a criminal prosecution, the standard is beyond a reasonable doubt which requires more substantial evidence that the defendant committed the offense against you. If the defendant is convicted, it usually makes the civil case more amenable to settlement.

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There are numerous symptoms that should alert you to possible sexual abuse:

• Poor grades despite capacity or history of good or excellent performance
• Depression
• Sudden and unexplained  changes in eating patterns or behavior
• Nightmares and sleep disturbances
• Vaginal or rectal bleeding
• Changes in mood or personality
• Bruises, rashes, unexplained injuries
• Failure to thrive
• Aggressive conduct
• Bedwetting, thumb sucking or other sudden infantile behavior
• Withdrawal from activities or social encounters
• Fear towards certain persons or in certain environments 

In many cases, the child is reluctant, too fearful, or incapable of expressing the abuse.  The child should be referred for medical care and professional counseling and the suspected abuse reported and investigated.

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Evidence can be difficult to find in a sexual abuse case unless the victim has physical signs such as vaginal or anal bleeding, bruises on intimate body parts, unexplained injuries by the victim’s caretakers, or there are witnesses to the abuse. If the abuse occurred years ago, an attorney would usually have to find other victims of the same perpetrator with similar stories of abuse. If others had reported the abusive conduct by a sports coach, teacher, doctor, boy scout leader, or clergyman, for example, an attorney could subpoena records from the organization, institution, and police departments to find out if reports of abuse had previously been made or the organization held internal discussions that did not result in any prosecution, discipline or preventive measures. In many cases, we have found that these organizations covered up the accusations, retained the offender in a position of authority, or relocated the person where he continued to abuse others. Psychological records can also reveal common symptoms and memories of past abuse.

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Arkansas law is complex when it comes to suing a perpetrator for childhood sexual abuse and/or the institution or organization that enabled the offender. Generally, you have 3-years from the time you turn age 18 to bring a claim. However, there are exceptions.  For instance, the statute of limitations is tolled or paused when the perpetrator or the organization that enabled the perpetrator fraudulently concealed facts and information that would have alerted you to your cause of action.  Additionally, you are allowed an extension of 3-years for delayed discovery of the abuse or delayed discovery of the effects of the abuse.  Oftentimes this is used in cases where a victim repressed traumatic childhood memories.  Discovering the effects of the abuse often means discovering the relationship between the abusive act or acts and your injuries. Many victims do not discover this relationship or even realize that they were sexually abused as children until decades after the abuse occurred and only after undergoing psychological counseling or therapy.

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Sexual abuse is a term generally used to define sexual contact towards minors or unwanted sexual contact towards adults by a criminal perpetrator, who, most of the time, will be male.  Very commonly, a sexual predator is provided access to his victims through an organization with which the predator is involved, such as a church, a school, or groups like the Boy Scouts.  Sadly, these organizations often are aware or should be aware of the danger posed by the perpetrator but fail to take steps to prevent him from committing sexual abuse, which makes these organizations also liable.  A sexual predator might be a school teacher or educator, a coach, a volunteer mentor, a clergy member, a Boy Scout leader, a foster parent, a medical provider, a therapist, a youth home worker, a pastor, a caretaker, an older peer, or any other person in a position of power or authority who uses their authority and position to commit sexual abuse. Sexual abuse typically involves direct physical contact such as fondling, molestation, kissing, oral sex, and anal or vaginal penetration. It might involve filming or photographing a child engaged in a sexual act; abusing a patient under the guise of medical treatment or therapy; using religious status or standing as a pretext to abuse; using promises, flattery or attention, drugs or alcohol, or otherwise threatening or coercing a child or an adult to engage in a sexual act.

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We are here to answer any questions you may have. Don’t hesitate to reach out anytime you need guidance or support.

There are statutes of limitations for filing abuse cases, but they can vary. In some instances, the clock starts when you realize the impact of the abuse. Please reach out, and we can discuss the specifics of your situation.

Simply contact us for a confidential consultation. We’ll discuss your situation, inform you of your options, and guide you through the next steps if you decide to proceed.

Many cases are settled out of court, but it depends on the specifics of your case. We prepare every case as if it will go to trial to ensure we are ready for any outcome.

We work on a contingency fee basis, meaning you don’t pay anything unless we win your case. We’re here to help you seek justice, not add to your financial burden.

The timeline can vary significantly based on the specifics of your case. We will work diligently to move your case forward as quickly as possible while ensuring we thoroughly prepare for the best possible outcome.

In most cases, yes. We prioritize your privacy and will do everything in our power to protect your identity throughout the legal process.

Not necessarily. Many cases are settled out of court, and even if your case does go to trial, we will be by your side every step of the way, advocating for your best interests.

Compensation varies based on the specifics of each case. We will work tirelessly to secure the compensation you deserve for the pain and suffering you’ve endured.

We take any potential risks seriously and will discuss any possible scenarios with you. We’re committed to ensuring your safety and wellbeing throughout the process.

Yes, we have experience handling cases against various institutions, including religious organizations. Your bravery in coming forward can help hold these institutions accountable.

We maintain strict confidentiality throughout the legal process. Any disclosure of information will be at your discretion.

During our initial confidential consultation, we will discuss the specifics of your case and help determine the validity of your claim.

Evidence can vary based on the case but may include witness testimonies, any available documentation, and expert opinions. We will guide you through gathering all the necessary information.

It’s not uncommon for survivors to have incomplete memories of their abuse. We understand this and will work with you to build the strongest case possible.

You may still have legal options. In the vast majority of cases, it’s possible to file a claim against the institution that failed to protect you, which is often a more important claim than one against your individual perpetrator, who may have no assets.

We prioritize your privacy and will discuss all available options to protect your identity throughout the legal process.

Pursuing a lawsuit can be emotionally challenging, but it can also be a powerful step toward healing and justice. We will be here to support you every step of the way.

Absolutely not. Our compassionate team will be by your side throughout the entire process, providing both legal and emotional support.

We are here to listen and provide information. There is no obligation to move forward until you are ready.

Only you can decide what’s best for you, but many survivors find that pursuing a legal claim brings a sense of justice and helps them regain control.

We will guide you through every step of the process, ensuring you are fully informed and prepared for what lies ahead.

These cases often involve complex emotional dynamics and require a lawyer who has significant experience in this area of law and understands the unique challenges involved.

It’s not uncommon for memories to be unclear. We will work with you to explore any potential leads and build the strongest case possible.

If you are the legal guardian of a minor who has been abused, you may be able to file a claim on their behalf. We can discuss the specifics during our consultation.

The legal process can be emotionally challenging, but our compassionate team will be here to support you every step of the way.

Look for a lawyer with significant experience in child sex abuse cases whose practice is primarily devoted to child sex abuse.

We uphold the highest standards of confidentiality and are committed to creating a safe space for you to share your story.

Yes, it’s often possible. The specifics depend on your case, but we can discuss your options during our consultation.

We prioritize transparent communication and will keep you informed throughout the entire process.

You are in control. If at any point you decide not to proceed, we will respect your wishes.

Eligibility depends on the specifics of your case. We will discuss this in detail during our consultation.

It’s possible. We can discuss the specifics of your case and determine the best course of action.

We may recommend seeing a professional to document the impact of the abuse, but the decision is ultimately yours.

If multiple parties are responsible for your abuse or failed to protect you, it may be possible to hold them all accountable.

You can expect comprehensive legal support as well as guidance on additional resources for emotional support.

While we cannot guarantee outcomes, we can ensure that we will dedicate all our resources and expertise to fighting for justice on your behalf.

We respect your timeline and are here to provide information whenever you are ready.

We prioritize your privacy and will take all necessary steps to protect your identity throughout the legal process.

We will carefully review any settlement offers with you, ensuring you have all the information you need to make an informed decision.

Yes, it is possible, depending on the facts and circumstances of each case. We have a proven track record of doing just this for our clients.

We’re happy to offer a second opinion and discuss how our extensive knowledge in childhood sexual abuse cases sets us apart.

Every survivor’s experience is unique, but many find a sense of closure, justice, and empowerment through the legal process.

Yes, we have experience handling cases involving abuse by religious leaders and can discuss your options during our consultation.

We can handle cases of abuse in various settings, including retreats and mission trips, and will discuss the specifics during our consultation.

We recommend seeking support from a trusted therapist or support group. We can also provide resources to help you find the right support.

It’s not uncommon for memories to be unclear. We will work with you to piece together your story and build the strongest case possible.

This is a personal decision, and we can provide guidance on how to approach this conversation if and when you are ready.

Yes, we handle cases involving various religious denominations and will discuss your options during our consultation.

Lean on your support network, seek professional counseling if needed, and remember that we are here to support you every step of the way.

We are here to answer any questions you may have. Don’t hesitate to reach out anytime you need guidance or support.