Can I Sue An Institution For Sexual Abuse In Massachusetts?

We understand that survivors of sexual abuse often deal with a range of complicated emotions, including guilt, shame, and fear. As you journey down the difficult road to recovery, you may also begin to feel a sense of anger. Anger not only towards the perpetrator, but anger towards those who let the abuse happen, especially the institutions and systems that failed to protect you from a dangerous predator. If you are a survivor of sexual abuse, you may wonder whether you can file a lawsuit against the institution that allowed the abuse to happen. The answer, in many cases, is yes.

At Shepard O’Donnell, we represent survivors of sexual abuse in cases involving schools, churches, youth organizations, residential treatment facilities, medical providers, and other institutions. Many of our clients come to us unsure whether they can seek financial compensation from the institutions that allowed their abuse to occur.

Holding Institutions Accountable in Civil Court

There are two types of cases that pertain to claims of sexual abuse: criminal cases and civil cases. A criminal case requires that you contact the police, who will then move forward with an arrest. The Commonwealth of Massachusetts will then pursue criminal prosecution of the individual or individuals who committed the crime. 

A civil case, on the other hand, does not require the involvement of law enforcement and is aimed at holding both the perpetrator(s), as well as the affiliated institutions or entities that failed to prevent or stop the abusive behavior, accountable. Even if you did not file criminal charges at the time of the abuse, you can still pursue justice in the civil courts. In Massachusetts, you may be able to pursue a civil case seeking financial compensation for your abuse from such entities as:

• schools
• churches or religious organizations
• youth organizations
• residential treatment facilities
• hospitals or medical practices
• sports leagues or athletic organizations
• nursing homes or long-term care facilities

Read more about how young people are often groomed to make them vulnerable to abuse in our blog.

When Would The Entity Be Considered Responsible?

Institutions have a legal responsibility to protect those in their care and should be held to account if they fail to do so. In many institutional abuse cases, evidence later shows that those in positions of leadership knew, or should have known, that abuse was happening, a flagrant breach of trust. Underlying systemic failures often include:

• hiring employees without proper background checks or qualifications
• failing to properly monitor or supervise staff, clergy, teachers, coaches, or volunteers
• keeping someone employed after complaints or warning signs
• not complying with the Massachusetts mandatory reporting laws
• moving perpetrators to different departments, suppressing complaints, or discouraging victims from reporting

When an institution ignores red flags, fails to investigate, silences complaints, or allows someone to continue working despite prior reports, it can be held legally responsible. Sadly, many survivors later learn they were not the only ones who suffered. 

Can I Still Sue the Institution if the Abuse Happened Years Ago?

Possibly, although it depends on your age at the time of the abuse and when the abuse occurred. If the abuse occurred when you were already an adult, the statute of limitations is generally three years from the time the incident occurred.

For survivors of childhood sexual abuse (under age 18), Massachusetts law applies differently, also depending on when the abuse occurred. If the abuse occurred after June 26, 2014, you may bring suit against the person who abused you, the abuser’s employer/supervisor, or the entity that allowed the abuse to occur, within 35 years from the date of the abuse. Since the clock doesn’t start ticking until you turn 18, most survivors have until age 53 to sue the institution responsible for the abuse. 

Under current law, if the abuse took place before June 26, 2014, you may not bring suit against the entity or institution that allowed the abuse to occur. 

As a sexual abuse survivor, you may not realize you were abused or don’t recognize the trauma caused by the abuse until many years after the abuse occurred. Massachusetts law allows for this. If you only discovered your abuse later in life, you may file suit within 7 years of understanding that your emotional or psychological injury was caused by the abuse, which may extend the deadline beyond your 53rd birthday.

Learn more about the statute of limitations for filing criminal or civil suits against individual perpetrators in our blog.

Are There Limits on Financial Compensation in Massachusetts?

Yes, current Massachusetts laws place limits (“caps”) on how much money certain organizations can be required to pay:

• Charitable organizations may have liability capped at $20,000 for certain claims tied to their charitable activities
• Volunteer directors and trustees of nonprofit educational institutions are generally protected from liability unless their conduct was willful or reckless
• Nonprofit healthcare providers may have liability capped at $100,000 for medical malpractice claims
• Public employers are generally capped at $100,000, with limited exceptions

Call An Experienced Sexual Abuse Attorney

We understand that survivors of abuse may be reluctant to come forward and pursue a claim, however, we encourage you to take the important first step in holding institutions accountable before it’s too late. Our place is not to judge. We are here to listen to your story and answer any questions you may have about the process of filing a claim, what happens next, and what is involved in moving a lawsuit forward. Call us at (800) 451-4471 for a free, confidential, no-obligation discussion with our victim advocate about possible legal action, reach out via email, or let us know if you’d like us to contact you at your convenience. Read more about how we work with sexual abuse survivors in our blog. 

Resources for Survivors of Sexual Abuse 

If you are a survivor of sexual assault or abuse by someone in a position of power or authority, any emotions you may be experiencing are valid and we encourage you to be patient with yourself on your path to healing. When you’re ready, we are available for a confidential, no-obligation discussion about possible legal action, but in the meantime, we urge you to put your mental health first. Below is a collection of resources we have found that are available either free of charge or at an affordable cost, for survivors of sexual abuse. 

1. 24/7 Domestic Violence & Sexual Assault Hotline: 508-588-8255
2. Health Imperatives
   This program includes nutrition assistance, a domestic violence shelter, sexual assault counseling, and more.
3. Joyful Heart Foundation
   The mission of the Joyful Heart Foundation is to transform society’s response to sexual assault, domestic violence, and child abuse, support survivors’ healing, and end this violence forever.
4. Massachusetts 2-1-1
   Simply dial 2-1-1 on your phone to be connected to someone who can help you find health and human services available in the community. It is available 24 hours a day, seven days a week. 
5. Trauma Resource and Support Program at Cambridge Health Alliance
   If you or someone you love has been affected by violence, hatred or abuse, the Trauma Resource and Support Program is here to help and works directly with victims to help them find community resources, medical services and the courts. Our services are always confidential and are provided at no cost.
6. The Boston Area Rape Crisis Center
   The Boston Area Rape Crisis Center’s mission is to end sexual violence. We empower survivors of sexual violence to heal and provide education and advocacy for social change to prevent sexual violence.
7. Substance Abuse and Mental Health Services Administration
   SAMHSA is the agency within the U.S. Department of Health and Human Services that leads public health efforts to advance behavioral health.
8. Day One RI
   Day One is leading efforts to address sexual assault as a community concern. We are committed to supporting survivors and increasing prevention.
9. Open Path
   Open Path Collective is a nonprofit network of psychotherapy professionals who offer discounted services to members. Providers offer both in-person and telemedicine services. Rates for mental health services are offered at a significant discount to prevailing local prices.