Child sexual abuse is among the most serious violations of both criminal and civil law. In Washington State, criminal laws punish perpetrators through the criminal justice system. However, Washington law also allows survivors to pursue civil sexual abuse claims in Seattle and Tacoma for the harm they have suffered.
The sections below discuss the major laws connected to child sexual abuse.
Washington Criminalizes Child Sexual Abuse
Washington State has numerous criminal statutes that prohibit sexual misconduct involving minors. These laws are designed to protect children and impose severe penalties on those who exploit or abuse them.
Criminal offenses related to child sexual abuse may include charges such as:
- Child molestation
- Rape of a child
- Sexual exploitation of a minor
- Indecent liberties involving a child
- Possession or distribution of child sexual abuse material
Convictions can lead to lengthy prison sentences, mandatory registration as a sex offender, and other serious consequences.
Criminal prosecution, however, is handled by the state and focuses on punishing the offender. Survivors themselves do not receive financial compensation through the criminal case. For that reason, many survivors also pursue civil legal claims.
Child Sexual Abuse Is Also a Civil Wrong
In addition to being a criminal offense, child sexual abuse is considered a civil tort under Washington law. This means survivors have the right to file a civil lawsuit seeking financial compensation for the harm they suffered.
Civil claims focus on the impact of the abuse on the survivor’s life, with the goal of providing compensation for economic losses and personal harm resulting from the abuse.
Through a civil lawsuit, a survivor may seek compensation for damages such as:
- Counseling and mental health treatment
- Medical care
- Lost educational or career opportunities
- Emotional distress
- Anxiety, PTSD, and other mental health conditions
- Loss of enjoyment of life
Civil lawsuits can also expose institutional failures and force organizations to implement stronger policies to protect children.
Institutional Liability for Sexual Abuse
Many child sexual abuse cases involve more than just the individual perpetrator. In some situations, the organization that employed or supervised the abuser may share responsibility for the abuse if it failed to take reasonable steps to protect children under its care.
Institutions may be liable when they:
- Failed to conduct proper background checks
- Ignored prior complaints or warning signs
- Allowed unsupervised access to children
- Failed to implement or enforce child protection policies
- Attempted to conceal or minimize reports of abuse
Many civil lawsuits feature schools, religious organizations, youth sports leagues, camps, childcare providers, and foster care agencies.
Statute of Limitations for Filing a Civil Claim
Washington State law provides survivors of child sexual abuse with an extended time to file civil lawsuits. Because many survivors do not fully process or disclose abuse until years later, the law provides a lenient statute of limitations.
On June 6, 2024, Washington law revoked the statute of limitations for claims involving childhood sexual abuse that occurred on or after that date. These claims can be filed at any time and are not subject to deadlines.
For child survivors who were abused before June 6, 2024, the deadline is generally three years. The start of the three years depends on when the survivor discovered they experienced injuries or harm due to the abuse.
These deadlines can be complicated. For that reason, it is important to seek legal advice as soon as possible to determine the filing time limits.
If you or someone you love experienced childhood sexual abuse in Washington State, our experienced child sexual abuse lawyer in Tacoma or Seattle can help you understand your rights under the law. Contact Darrell Cochran Personal Injury Lawyer to schedule a free consultation to learn more.