The thought of filing a sexual abuse lawsuit can bring pressure and confusion. That’s normal.
But to help survivors feel more prepared for what comes next, understanding what a sexual abuse lawsuit timeline includes is advised.
This guide explains the sexual abuse lawsuit timeline in easy-to-understand language so you can better understand it.
What Makes Up a Sexual Abuse Lawsuit Timeline?
Step 1: Initial Consultation and Case Evaluation
The first step in a sexual abuse lawsuit process is reaching out to a sexual abuse law firm or attorney in the form of a simple conversation.
At Shrader & Associates, L.L.P., this is an entirely confidential and no-pressure talk. No proof is required, no action is to be taken. It’s fine if you don’t understand the law, and it’s fine if your memories are hazy or muddled.
Instead, as lawyers, our job is simply to listen and explain your options. You don’t need to make a decision there and then. You can decide later what feels right for you.
Step Two: Investigation and Information Gathering
Next, your lawyers will get to work gathering information. This can be a lengthy process, but that’s normal, as it can require some intensive digging.
Evidence and information gathering can vary in length and complexity depending on the case. For example, some events may have happened decades ago, or evidence may be tied up in hard-to-access records. Survivors won’t be pushed during this phase and can rely on their legal team to do the heavy lifting.
The necessary evidence can vary widely. For example, they may seek:
- Testimonies from friends, family, or anyone who noticed the incident, distress, or changes in your behaviour.
- Medical and therapy records, such as ER notes, primary care records, SANE/SAFE exam reports, photographs of injuries, and doctors’ notes. These can help link physical and psychological harm to the abuse.
- Digital evidence includes threats or suggestive messages in SMS, email, video messages, data locations, call logs, and time-stamped social media posts.
- Records or complaints that suggest a pattern of behaviour from the abuser.
Step Three: Filing the Sexual Abuse Claim
‘Filing a sexual abuse claim’ means formally starting the legal proceedings. This is where the case officially moves from preparation to a formal legal action, delivered to the abuser and any responsible institutions by your legal team.
First, your lawyer will prepare a written ‘complaint’ which is filed in civil court. It names the abusers and any institutions that may be responsible. Still, it includes options to keep the survivor’s real name hidden (using initials or a pseudonym) to protect their privacy.
The document will state when and where the abuse happened, what happened, and how the survivor was emotionally, physically, and financially impacted.
It is essential to note the ‘Statute of Limitations’, however. This is the legal deadline for filing the claim. It varies by state and by whether the survivor was a child or an adult. After filing, that deadline’s clock stops running.
Step Four: Discovery and Pretrial Process
After a lawsuit is filed, the sexual assault lawsuit process enters a phase called ‘discovery’. This is when both sides must exchange information about the case. It gives each a fair chance to counter the opponents’ arguments.
Depending on the complexity of the case, this can be a lengthy process, as documents are exchanged and requested.
Discovery can include documents, written questions, and sometimes depositions (formal interviews given under oath).
Naturally, this may seem intimidating and anxiety-inducing. However, a trauma-informed lawyer will work to ensure their clients are fully prepared and protected from unnecessary stress. For example, we would immediately shut down any improper or off-limits questions and could seek to have a survivor’s presence made remotely.
Discovery is generally a compelling moment, as it can reveal proof of patterns of abuse, cover-ups, and expert opinions that strengthen the survivor’s case.
Step Five: Settlement Discussions
Many sexual abuse lawsuits avoid going to trial, as for most, the goal is to settle before that. Avoiding court reduces the emotional toll of cross-examination, the length of the case, and legal costs.
Settlements are the moments when all the hard work before is laid on the table. Discussions usually occur during or just after discovery, but they can also appear on the eve of a trial or even after a court case has started.
A sexual abuse lawyer will typically make a demand for a settlement based on the severity and duration of the abuse, the impact it has on their life, and the defendant’s financial resources.
Typically, the defendant’s lawyers will make counteroffers before something is agreed on. If the defendant is unwilling to offer a satisfactory settlement, a court trial may be required.
Step Six: Going to Trial (If It Happens)
A trial can occur for two reasons. Firstly, a defendant may be unwilling to reach a fair settlement, so going to court may be required.
Secondly, a survivor may prefer to go to court, as it gives them a chance to tell their story publicly. For some, it can be a very empowering moment. It’s very much up to the survivor, based on their preferences and legal counsel.
Here, it is the court that must be convinced that there is evidence of the sexual abuse. And if so, what is a fair compensation or accountability for it?
During trial, the survivor’s legal team must provide a ‘preponderance of evidence’, which means it’s more likely than not that the abuse and harm occurred. This is a lower standard than required in criminal cases (which use ‘beyond a reasonable doubt’).
After all the evidence is heard, the jury or judge declares a verdict and determines the amount of damages that the abuser should pay.
How Long Does A Sexual Abuse Lawsuit Take?
This is one of the most common questions we receive, and also the hardest to answer.
Many civil sexual abuse cases last around 6-18 months. However, many others can last years, especially if they go to trial or involve large institutions.
- Case complexity (such as if they involve long-term abuse, institutions, or multiple abusers)
- How much evidence is available
- Defense delaying tactics
- Court schedules
- Whether the case settles or goes to trial
How Shrader & Associates, L.L.P. Supports Survivors at Every Stage
Our legal team at Shrader & Associates, L.L.P. takes a trauma-informed approach, prioritizing respect, clarity, and care.
We understand that sexual abuse cases are deeply personal and no case is alike. We take time to listen, explain, and move at a manageable pace. Our clients are never rushed or pressured into decisions. They remain in control.
Our team also has extensive experience and expertise in handling complex sexual abuse cases, including filing a sexual abuse case against an institution.
For those who want to learn more, the firm offers helpful information through its resources for survivors and guidance on reporting laws for sexual abuse.
Have a Free, Confidential Consultation with a Sexual Abuse Lawyer
Shrader & Associates, L.L.P., welcomes you to contact us today for a free consultation to explore your options for a sexual abuse lawsuit.
Our consultations are entirely confidential and don’t require you to make any decisions. We aim to listen and explain your options, free from pressure.
Feel free to contact us at 866-262-8170 or via our online contact form.