What is Sexual Abuse, and What Do You Do If You Have Been Sexually Abused?

Sexual abuse is something no one should ever have to experience. Yet, sadly it is still a common experience that so many feel people feel they must face alone.

By definition, sexual abuse is a sexual behavior or act forced upon another person without their consent. It is typically an act of coercion or violence conducted by a person with physical, psychological, or financial power over the victim. Sexual abuse is intended to assert control and humiliation over the victim.

Types of Sexual Abuse

The majority of victims of sexual assault are women, although it can occur to either gender. Sexual abuse can come in many different forms, including:

• Sexual Harassment
  An indecent act, remarks, or proposition of a sexual nature. Harassment can also involve publishing photos or videos for the purpose of sexually humiliating another person.
• Sexual Assault
  This term includes all types of sexual offenses, including the ones below. Sexual assault is an action or statement performed without consent.
• Rape
  The insertion of a bodily organ or object into a woman’s vagina.
• Incest
  Sexual assault or abuse performed by a family member.
• Sex with a Minor
  South Carolina defines sexual intercourse with a person under the age of 16 as a form of sexual abuse.
• Stalking
  In South Carolina, stalking, which includes repeated, unwanted and frightening communication or following of another person, is a form of sexual misconduct.

Where Can Sexual Abuse Take Place in South Carolina?

Sexual abuse happens everywhere. And unfortunately, the truth is that most often, the abuser is familiar with the victim, and the abuse takes place where the victim feels safe or comfortable.

Some of the most common individuals and organizations that are pursued for sexual abuse claims include, but are not limited to:

• Church abuse, including youth group leaders, pastors, and other religious leaders
• School abuse, including public or private school teachers and staff
• Child sporting or gymnastics abuse, including coaches and employees
• Nursing home or assisted living facility staff
• Foster families
• Babysitters
• Organized group and club leaders
• Physicians and/or staff, including doctors, nurses, therapists, and psychologists
• Other minors with histories of sexual abuse

What to Do if You’ve Experienced Sexual Abuse

There are two courses of action to take against your abuser if you’ve been a victim of sexual assault. You can seek legal action through the criminal court system, which is intended to punish those found guilty to prevent them from harming others again. If the defendant is found guilty, jail time, fines, or a probationary period is the usual form of punishment.

However, you may choose to take the defendant to civil court instead. A civil case is intended for two purposes:

1. To prove the defendant is responsible for sexual assault OR to prove an organization failed to take the proper steps to prevent the sexual abuse from happening.
2. To prove you’re entitled to financial compensation due to the injuries you suffered because of the sexual assault.

Whereas in a criminal case, the defendant must be proven guilty beyond a reasonable doubt, in civil cases, a defendant must be found liable through a majority of evidence suggesting their guilt.

Civil cases operate much the same as criminal cases do in the courtroom. A civil suit will typically include plaintiff testimony, defendant testimony, witness testimony, and presentation of any physical evidence. While the burden of proof is lower in a civil case, it’s valuable to understand the survivor may have to face their attacker in court again and recount details of their assault to a jury.

How Long Do You Have to File a Civil Claim for Sexual Abuse in South Carolina?

The state of South Carolina has a statute of limitations stating that adults have three years to file a civil claim for sexual assault. If you wish to file a sexual abuse claim, you must do so within this time frame if you were an adult when the abuse occurred.

However, there is no statute of limitations for those who endured sexual abuse as minors to file a suit. This is a recent change due to the newly enacted bill called the “Eliminating Limits to Justice for Child Sex Abuse Victims Act.”

If the Offender is Found “Not Guilty” in Criminal Court, Can You Still Take Them to Civil Court?

Yes. If a perpetrator is not convicted in the criminal courts, you can still file suit in civil court. Fortunately, many victims of sexual abuse can successfully prove liability in civil court. Because the burden of proof differs in civil cases, many victims find some sense of justice and relief through the civil court system. In fact, the civil court is considered to provide a more generous outcome to victims of sexual assault and abuse.

Under South Carolina law, any business, organization, or person that was complicit in the abuse, failed to report it, or refused to put proper security in place that would prevent the sexual abuse can be held liable as well.

This includes, but is not limited to places such as:

• Churches and Other Religious Institutions
• Teachers and Schools
• Youth Groups
• Colleges
• Rideshares
• Coaches and Other Sports Leaders
• Nursing Homes
• Doctors and medical personnel

What Damages Can I File Suit For in South Carolina?

It may seem pointless to file a civil suit in a sexual assault case where the majority of the damage is psychological and emotional. After all, neither is a financial loss, and the majority of the scars you bear will be internal. However, in the state of South Carolina, you are still eligible for monetary compensation for the following:

• Lost Income – This includes any time off of work you or your loved ones missed to cope with your sexual abuse or assault.
• Medical Bills – Any hospital visits or medical care, including medication, treatment, or rape kit processing fees may be eligible for compensation.
• Pain and Suffering – Under South Carolina law, physical, emotional, and psychological trauma can be filed for reimbursement.
• Counseling, Therapy, and Mental Health Care – Victims of sexual assault and abuse often need intensive therapy and mental health care to cope with the trauma of their attack. Damages eligible for recompensation include the costs of inpatient treatment, psychiatry, therapy, and future costs of necessary appointments.

Have You or a Loved One Been a Victim of Sexual Abuse or Assault?

Our partners at the Hammack Law Firm believe survivors of sexual abuse and assault deserve to feel safe and supported without reliving their past trauma over and over again. We strive to be sensitive and compassionate for our clients while being resolute in serving justice to the offender. We promise to always handle your case with privacy and empathy.

If you’re ready to seek justice for the damages caused by your sexual assault or abuse, contact us for a free and personalized consultation.