Filing a sexual abuse class action lawsuit can bring substantial collective power, public awareness, and justice. Instead of filing alone, survivors can gain power in their numbers, taking a united stance against their abuser.
Group lawsuits are particularly prominent in cases against institutions and can be extremely powerful in exposing and ultimately stopping abuse.
In this guide, we’ll explain the three main routes to group sexual abuse lawsuits and explain what rights you have, so you can make a decision that’s best for you.
When Do Sexual Abuse Class Action Lawsuits Apply?
What are Group Sexual Abuse Lawsuits?
Sexual abuse class action lawsuits can be filed when multiple survivors have similar claims against the same defendant.
This can include an individual, an institution, or an employer. For example, we’ve seen cases against clergy, coaches, teachers, and doctors.
Cases involving institutions are sadly more common, as negligence or ignorance can lead to repetitive, systemic conditions for abuse. We’ve seen it in churches, schools, sports teams, foster care systems, and youth organizations.
What If The Abuse Was a Long Time Ago?
Ordinarily, there are deadlines put on the sexual abuse lawsuits called ‘The Statute of Limitations.’ Each state has its own version of this, but generally speaking, it’s around 2-5 years from the abuse for adults and either without limit or several decades for child abuse survivors.
However, in class action lawsuits, exceptions to these deadlines are often available through ‘post-lookback windows’.
Post-lookback windows refer to temporary laws that can allow survivors to file old sexual abuse claims that under ordinary laws would be barred by time. Ever since the MeToo movement in 2018, these ‘windows’ for claims have become more widely available.
There may also be other opportunities where survivors can use ongoing state extensions or discover rules. Regardless, if you fear it’s too long ago, it’s advised to contact a sexual abuse lawyer to get expert clarification.
What Types of Group Sexual Abuse Lawsuits Are There?
When you choose to file a sexual abuse lawsuit as a group, there are two common ways these can be handled:
Sexual Abuse Class Action Lawsuits
How They Work:
Sexual abuse class action lawsuits are filed to allege similar cases of abuse, making them common against institutions that enabled abuse through negligence or cover-ups.
They require court certification to begin and are powered by collective resources. To gain certification, the courts will evaluate:
- Numerosity: Ensuring there are enough plaintiffs.
- Commonality: Are there shared issues, such as institutional negligence?
- Typicality: Does the leading claimant match the rest of the class’s core issue?
- Adequacy: Confirms the leader and their lawyers will act in the best interests of the other survivors.
How Compensation Is Shared:
Settlements in class action lawsuits can be divided using a formula that takes into account fees and expenses. In some cases, survivors may get higher payouts if they can prove more serious damages, but generally, the United Claims limits individual wins.
Notable Examples:
Class action lawsuits are rarer than in other cases, such as product defects, as finding a commonality between cases is hard, but notably, there has been:
- A class action lawsuit filed by USA Gymnastics athletes against abuser Larry Nassar’s enablers.
- The Boy Scouts of America won a $2.46B settlement for 82,000+ survivors of scoutmaster abuse.
Sexual Abuse Mass Tort Litigation
How They Work
Mass Tort sexual abuse cases see groups of survivors file individual lawsuits against the same defendants for similar harm.
The courts coordinate them together, for pretrial efficiency and discovery (such as revealing abusers’ files), but see the trials and settlements kept separate per survivor.
Unlike class action lawsuits, each survivor retains control of their case with more attorney involvement, and there is no need for court certification.
If there are survivors from multiple states, Multidistrict Litigation (MDL) will likely be used, which consolidates the cases before one judge for pretrial proceedings but keeps them separate.
How Compensation is Shared
Mass Tort sexual abuse cases, payouts are individualized and reflect personal damages. They can be ideal when harm varies, and some survivors should be entitled to higher payouts than others.
Notable Examples
- LA County Juvenile Facilities settled 11,000 separate claims with personalised payouts.
- The Los Angeles Catholic archdiocese paid $880m for 1,353 survivors.
Step-by-Step: How to File a Group Sexual Abuse Lawsuit
Step 1: Identify and Connect with Other Survivors
To make a group sexual abuse lawsuit, there needs to be other survivors willing to come forward. There’s no go-to way for this to happen, but it often occurs when someone goes public, whether in the news, via a social media group, or through institutional disclosures.
Rest assured, you don’t need to have formally organized a group to move on to step 2.
Step 2: Consult a Sexual Abuse Attorney Experienced in Group Litigation
Next, legal counsel is critical. It can be started with a free, confidential consultation.
The attorney will protect you from taking any actions that could negatively impact your case. They will also explain what options you have and how to get your case moving.
It’s highly advised that you look for a law firm that specializes in sexual abuse claims. The law firm should also have a track record in class-action or mass-tort cases. We also believe that every survivor deserves legal support from attorneys who lead with a trauma-informed approach.
Step 3: Investigation and Evidence Gathering
Step 3 shifts the burden to your attorney. They will begin to identify additional victims, uncover patterns of abuse, and determine who is a liable party (such as an institution).
A coordinated investigation like this can help reduce the strain on individual survivors, share the costs, and help subpoena crucial records. During this phase, minimal input from survivors is required.
Step 4: Filing and Case Coordination
The official start of a group sexual abuse lawsuit begins with the filing. This process informs both the courts and the defendant that a lawsuit has begun.
In class action cases, a motion for class certification is filed, and the courts will determine if the requirements have been met. Approval will officially bind the group together.
All is not lost if the court denies the claim, as it can shift to individual or mass tort sexual abuse claims.
In mass tort cases, each survivor files a separate complaint, followed by motions to consolidate in a single court.
Step 5: Discovery, Negotiation, and Resolution
Step 5 is the longest phase of the trial, and in sexual abuse group cases, it can take multiple years. During discovery, both sides reveal the evidence they have discovered. In the vast majority of sexual abuse cases, this can help bring a settlement before trial. However, in class-action lawsuits, there is often a desire to make the case public during a court trial.
The attorney will handle negotiations with the defendant, but the fee must be approved by the court and deemed fair to all members for it to be finalized.
What Privacy and Confidentiality Is There in Group Sexual Abuse Lawsuits?
The level of privacy afforded will depend on how the case is structured and what the court grants. For example, the filing of a class action lawsuit may inadvertently expose participation to a wider audience.
However, if requested, your attorney can proactively work to provide layers of anonymity at each stage of the process.
In most cases (and especially those involving sensitive factors or minors), survivors can file under a pseudonym. Courts can also seal parts of the case, such as medical records or graphic descriptions, to prevent them from becoming public. Protective orders can also be used to restrict how information is used or shared.
Who Initiates Group Sexual Abuse Lawsuits?
The case is usually initiated by a ‘lead’ who makes a complaint with an attorney. This then sparks a process in which other survivors come forward, or the attorney discovers pre-existing lawsuits involving survivors who may want to band together.
What Evidence Do We Need to File a Sexual Abuse Lawsuit as a Group?
An initial account from a survivor is the primary starting point, but no physical proof or group account is required at the outset.
If you have the following, it can be of great help:
- A timeline of the abuse (such as who, when, where, and who else may have been involved).
- Any documents or contacts, such as texts, emails, journals, witness names, and medical notes.
- Institutional links: The name of the place where the abuse happened, and information on anyone or any practices that may have enabled the abuse to happen.
FAQs on Filing a Sexual Abuse Class Action Lawsuit
How many other survivors do I need to start a class action sexual abuse lawsuit?
None. You can initiate the process on your own with an attorney. The attorney will then identify patterns and connect with others via ethical outreach.
Which is best for a sexual abuse lawsuit – a class action or a mass tort?
Your sexual abuse attorney will advise you on the best option. Generally, mass torts are best when there are varying harms of abuse in the group.
What do we need to start a sexual abuse lawsuit as a group?
You need one survivor who is willing to share their story confidentially with an attorney. You don’t need a formally organized group to start. Any evidence you have is very helpful, but not essential during your initial consultation.
Are consultations anonymous?
Yes, consultations with Shrader Law and Associates are entirely anonymous.
What costs are expected upfront in class action lawsuits?
No upfront costs are required. Reputable attorneys will work on a contingency basis, meaning they are only paid from the settlement.
Can multiple victims sue the same abuser together?
Yes. Survivors can file a group lawsuit as either a class action or a mass tort claim.
Can you opt out of a sexual abuse class action?
Yes, you can opt out of most sexual abuse class actions, but if court certification to the class has been given, then there is a strict court deadline.
Schedule a Confidential Consultation with a Sexual Abuse Lawyer at Shrader & Associates
Shrader & Associates, L.L.P., welcomes you to contact us today for a free consultation, whether as an individual or to file a sexual abuse lawsuit as a group.
A consultation can help clarify your legal options so that you can make the best choice for you. Our consultations are entirely confidential and don’t require you to make any decisions.
Feel free to contact us at 866-262-8170 or via our online contact form.