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.
Key Takeaways
- In Massachusetts, you may be able to sue the institution or entity that allowed sexual abuse to occur, not just the individual perpetrator
- Civil and criminal cases are different, and you do not need a police report or criminal conviction to file a civil lawsuit against an institution
- Deadlines depend on age and timing:
- Adult survivors generally have 3 years from the time of the incident
- Survivors of childhood sexual abuse occurring after June 26, 2014, typically have until age 53, or 7 years from discovering the harm, whichever is later
- Some organizations, such as certain charities, nonprofits, healthcare providers, and public employers, may have limits on financial liability
- Schedule a confidential consultation with an experienced sexual abuse attorney to understand your options before deciding whether to move forward
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.
- 24/7 Domestic Violence & Sexual Assault Hotline: 508-588-8255
- Health Imperatives
This program includes nutrition assistance, a domestic violence shelter, sexual assault counseling, and more. - 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. - 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. - 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. - 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. - 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. - 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. - 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.
Childhood Sex Abuse Laws in Massachusetts
Childhood sexual abuse has lasting, life-changing effects and can impact how you see yourself, how you relate to others, and career and life choices, even if you don’t know why. These effects don’t always appear right away and sometimes it takes years to fully understand or remember what happened to you and make a connection to childhood trauma. But you may still have time to hold your abuser accountable for their actions and potentially obtain financial compensation from institutions that failed to protect you. Confidentially contact an experienced childhood sexual abuse lawyer to learn your options.
Key Takeaways
- Many survivors of childhood sexual abuse in Massachusetts do not report what happened until years, sometimes decades, later. They may still have legal rights to seek justice.
- Depending on your situation, you may be able to pursue criminal charges, a civil lawsuit, or both.
- Civil lawsuits for financial compensation can be filed against individuals and institutions. This includes claims against organizations that failed to protect you against abuse.
- Massachusetts law gives survivors of childhood sexual abuse time to come forward but there are time limits in which to file a claim.
- An experienced legal team can guide you through Massachusetts childhood sexual abuse laws and tell you how they apply to your specific circumstances.
Many survivors of childhood sexual abuse never tell anyone while the abuse is happening and some experts estimate that fewer than one-third of children ever report sexual abuse. This silence is a normal response to trauma and it doesn’t mean what happened to you was any less real or serious. Coming to terms with childhood sexual abuse takes courage and can bring up intense emotions, including anger, grief, confusion, and sometimes, a strong desire for accountability.
We understand that not everyone is ready to take legal action. But if you do decide to file a claim against the person who hurt you or an institution that failed to protect you, it is important to note that there are certain legal limitations currently in place in Massachusetts that might impact your ability to obtain justice. The experienced childhood sexual abuse legal team at Shepard O’Donnell can help you navigate the law if you decide to move forward. Read more on what to expect in a sex abuse case on our blog.
Current Limits in Massachusetts Child Sex Abuse Law
What is the Statute of Limitations to File Criminal Charges?
In Massachusetts, there is no time limit for filing criminal charges for sexual abuse. You can report the crime to law enforcement at any time. However, if more than 27 years have passed since the abuse, the law requires you to provide independent evidence, such as testimony from a doctor or therapist, to support your account. This doesn’t mean your experience isn’t believed, it’s simply a legal requirement under current Massachusetts law. If you were under 16 at the time of the abuse, the 27-year time period doesn’t start until you either turned 16 or reported the abuse to law enforcement, whichever comes first. Once the legal time limit has fully expired, a criminal prosecution is no longer possible.
What is the Statute of Limitations for Civil Claims Against the Person Who Abused Me?
Massachusetts law allows survivors of childhood sexual abuse to bring civil lawsuits, or claims for financial compensation, against your abuser. These can be filed in addition to, or instead of, a criminal case. In Massachusetts, the statute of limitations to bring suit against your abuser is as follows:
- If you were sexually abused as a child (under age 18), you have 35 years from the date of the abuse to file suit, or
- Seven years from when you discovered (or reasonably should have discovered) that the abuse caused emotional or psychological harm, whichever of these deadlines comes later
Importantly, the clock doesn’t start ticking until you turned 18. In practical terms, this means that you can bring a lawsuit against your abuser until you’re around 53 years old, depending on your circumstances. Under current law, you may not file a civil claim against your abuser after this limit has expired.
What is the Statute of Limitations for Civil Claims Against an Institution That Failed to Protect Me From Abuse?
You may also be able to bring a civil claim against an institution, such as a school, church, youth organization, or residential treatment facility, if it failed to protect you from sexual abuse. This applies to situations where, for example, an institution didn’t properly supervise the person who abused you, or an organization’s actions or inactions allowed the abuse to happen. In such situations, Massachusetts child sexual abuse law applies differently depending on when the abuse occurred:
- If the abuse took place AFTER June 26, 2014, you have 35 years from the date of the abuse, or until age 53, to bring suit against the person who abused you, the abuser’s employer/supervisor, or someone else who allowed the abuse to occur
- If the abuse took place BEFORE June 26, 2014, you may still bring suit against your abuser, but NOT against the the abuser’s employer/supervisor, or someone else who allowed the abuse to occur
- As above, you may also file suit against both your abuser and those who allowed the abuse to happen within seven years from when you first discovered (or reasonably should have discovered) that the abuse caused emotional or psychological harm, whichever of these deadlines comes later
Are There Limits on Financial Compensation in Massachusetts?
Yes, some 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
Move Forward at Your Own Pace But be Mindful of Statutes of Limitations
We understand that survivors of abuse may be reluctant to come forward and pursue a legal claim, however, we encourage you to take the important first step in holding your abuser accountable before it’s too late. You can take the precautionary step of filing your claim before the statute of limitations runs out, even if you later decide not to pursue the case.
At Shepard O’Donnell, our sex abuse attorneys represent both women and men who are looking to hold perpetrators, and the institutions that employ(ed) them, accountable for their reprehensible actions. We would be glad to explain what’s involved in the process of filing a claim and answer any additional questions you may have. Our team includes a dedicated in-house victim advocate and we are committed to protecting your confidentiality and ensuring that you feel safe and supported throughout the legal process.
Frequently Asked Questions
Do I have to report the abuse right away?
No. Many survivors are not able to talk about what happened until much later in life. Massachusetts law recognizes this and allows time to come forward, but there is still a statute of limitations.
Can I still take action if the abuse happened decades ago?
Possibly. Whether a claim is still possible depends on your age, when the abuse occurred, and when you discovered its impact.
What is the difference between a criminal case and a civil case?
- Criminal cases are brought by the state and can result in jail time for the offender.
- Civil cases are brought by survivors and seek financial compensation and accountability.
You may pursue one, both, or neither.
Can I sue an institution that allowed the abuse to happen?
Yes. If an organization failed to supervise, ignored warning signs, or otherwise contributed to the abuse, you may have a claim against that institution.
What if I was abused by someone who worked for a school, church, or residential treatment facility?
You may have claims against both the individual who harmed you and the organization that employed or supervised them.
Are there limits on how much compensation I can receive?
Some organizations, such as charities, nonprofits, and public entities, have legal caps on damages. These rules are complex and depend on the facts of your case.
What if I don’t remember everything clearly?
That is very common. Trauma can affect memory. You do not need perfect recall to seek information or explore your options.
Do I have to decide right now?
No. Learning about your rights does not commit you to any course of action. You can take your time and move forward only when and if you feel ready.
Sexual Abuse Allegations at Massachusetts Residential Treatment Facilities: When “Healing Environments” Become Places of Harm
Key Takeaways
- Federal investigators have confirmed widespread abuse and neglect in residential treatment facilities (RTFs) nationwide, including Massachusetts programs operated by large for-profit and nonprofit systems.
- Devereux Advanced Behavioral Health, Pembroke Hospital, and Walden Behavioral Care have each faced serious allegations of sexual abuse, unsafe conditions, or systemic neglect.
- Facilities often market themselves as safe, compassionate, and ethical, yet survivors and inspection reports reveal deep failures in staffing, supervision, and accountability.
- Profit-driven business models and chronic understaffing were key factors cited in the 2024 Senate Finance Committee’s “Warehouses of Neglect” report.
- Survivors of sexual abuse in youth facilities have legal rights and recent court verdicts (including a $60 million award against Devereux) show that institutions can be held accountable.
- Shepard O’Donnell represents survivors of abuse in Massachusetts RTFs, helping clients seek justice and systemic change.
We have written before about the 2024 Senate Finance Committee’s damning report, titled Warehouses of Neglect: How Taxpayers Are Funding Systemic Abuse in Youth Residential Treatment Facilities (the Report), exposing widespread abuse and neglect in youth residential treatment facilities (RTFs) across the United States, including here in Massachusetts. RTFs are supposed to offer safety and stability for children and young adults struggling with mental health, behavioral, or substance use challenges. Instead, as both federal investigators and survivors have revealed, too many of these institutions have become environments of abuse, neglect, and trauma. Read more about the Report on our blog.
In a follow-up letter, the Chair of the Senate Finance Committee wrote: “Unfortunately, Warehouses of Neglect, reveals a different story about the lives of many children in RTFs and their experiences, due to the predatory practices of these RTF operators. The investigation found that children suffer routine harms inside RTFs, including sexual, physical, and emotional abuse, unsafe and unsanitary conditions, and inadequate provision of behavioral health treatment. This risk of harm to children in RTFs is endemic to the operating model; to maximize per diem margins, RTF providers offer minimal therapeutic treatment in deficient physical settings with lean staff composed of individuals with inadequate educational background and training.” He goes on to say that the Report highlights “numerous instances of abysmal quality of care being provided to youth in congregate care settings by for-profit and nonprofit providers” and “routine harm to vulnerable children in taxpayer-backed facilities, and operators who optimize revenues and evade oversight.”
Following on from our previous Spotlight on Arbour Hospital, Westwood Lodge, and Southcoast Behavioral Health Center, this post focuses on three additional Massachusetts facilities where serious allegations of abuse and institutional failure have come to light: Devereux Advanced Behavioral Health, Pembroke Hospital, and Walden Behavioral Care.
Devereux Advanced Behavioral Health – Rutland, Massachusetts
Devereux is one of the nation’s largest behavioral healthcare providers, devoted to offering “safe, compassionate, and supportive” treatment for children and adults with emotional, behavioral, and developmental challenges. The organization’s Massachusetts residential programs serve children with autism spectrum disorders and girls aged 12-21 who have co-occurring mental health and substance abuse disorders. Its website paints an image of warmth, predictability, and empathy, promising “absolute commitment to the safety” of those in its care and programs, “so safe and effective that employees would entrust their own family members” to its care.
The reality reported by survivors and investigators tells a far darker story. Devereux was specifically named in the 2024 Senate Finance Committee report for systemic abuse within its youth programs. Over the past several years, numerous lawsuits and media investigations have exposed horrifying allegations of sexual abuse, assault, and neglect spanning decades. Children placed at Devereux facilities were allegedly raped or assaulted by staff and fellow residents, while management ignored or even punished those who tried to report it.
Despite Devereux’s claims of “robust hiring and supervision standards,” survivors describe a pattern of underqualified staff, insufficient oversight, and a culture of silence. In one recent case, a jury awarded a survivor $60 million after finding Devereux liable for severe sexual abuse. Such verdicts highlight what many former residents and their families have long alleged: that the organization’s promises of “empathy” and “healing” too often mask institutional negligence and abuse.
Pembroke Hospital – Pembroke, Massachusetts
Pembroke Hospital, a 120-bed psychiatric facility on the South Shore, is owned by Arbour Health Systems, a subsidiary of Universal Health Services (UHS), one of the largest for-profit behavioral health companies in the country. UHS’s corporate mission centers on “providing compassionate, ethical care” and treating every patient “with dignity and respect.” Pembroke’s website echoes this, portraying its adolescent unit as a “safe, nurturing, and therapeutic environment” for teens ages 13–18.
In practice, Pembroke Hospital has been repeatedly cited by state and federal regulators for failing to meet basic standards of patient safety. Massachusetts inspectors have documented numerous violations, including inadequate staffing, poor supervision, and failure to protect vulnerable patients from harm. In one tragic case, a patient died under the hospital’s care.
The facility’s marketing language, about “healing” and “nurturing environments,” stands in stark contrast to years of inspection reports describing unsafe conditions, untrained staff, and systemic lapses in oversight. Advocates argue that Pembroke’s problems stem from the same root cause identified in the Senate report: a profit-driven operating model that prioritizes occupancy and revenue over patient safety and staff competency.
Walden Behavioral Care / Monte Nido Walden – Dedham, Massachusetts
Walden Behavioral Care and its affiliated program, Monte Nido Walden, operate residential treatment centers focused on eating disorders and adolescent mental health. Their marketing materials describe a “welcoming, home-like environment” designed to “inspire healing,” where children receive “round-the-clock care from compassionate professionals.” They emphasize continuous nursing support, “ethical care,” and a mission to “change lives, one person at a time.”
However, recent scrutiny has raised serious questions about whether these facilities live up to their stated ideals. Former patients and families have alleged neglect, unsafe supervision, and poor treatment practices at certain Walden programs, echoing the same systemic issues identified at other institutions. Critics say that chronic understaffing and inadequate training have left adolescents vulnerable to harm in environments that are supposed to protect them.
A Pattern of Betrayed Trust
What makes these cases particularly concerning is the population these programs serve: young people already struggling with eating disorders, trauma, and psychiatric instability. Families entrust these facilities with their children’s safety and recovery, often during moments of profound crisis. The common thread across Devereux, Pembroke, Walden, and others is the profound disconnect between marketing promises and lived experiences.
These facilities position themselves as sanctuaries of healing and places where vulnerable children can rebuild their lives. Yet behind those carefully crafted messages, survivors describe environments rife with neglect, secrecy, and abuse.
The Senate Finance Committee’s 2024 report makes one thing clear: these failures are not isolated. They are the result of systemic problems in how many large, profit-driven behavioral health providers operate, regulate themselves, and respond to abuse.
Contact an Experienced Sexual Abuse Attorney
If you or someone you love experienced sexual abuse in a Massachusetts residential treatment facility, you are not alone. Survivors are stepping forward, and accountability is within reach. At Shepard O’Donnell, we represent survivors of sexual abuse in residential treatment facilities throughout Massachusetts, using a supportive, trauma-informed approach. Our attorneys are dedicated to helping victims seek justice and hold institutions accountable for the harm they caused. These conversations can be difficult, but when you’re ready, our compassionate and empathetic attorneys are ready to listen to your story.
FAQ
Do I have to file a police report before speaking to a lawyer?
No. You can seek legal advice at any time. Your attorney can help decide how and when to notify law enforcement.
Do I have to go public to file a claim?
No. Courts often allow pseudonyms (like “Jane Doe”) in sexual-abuse cases.
What if the abuse happened years ago?
You can still report it and may have civil options under Massachusetts law. Timelines for lawsuits are often decades long for childhood abuse.
Can I sue both the facility and an individual doctor?
Yes, if both contributed to the harm. Separate claims can be filed within one lawsuit.
Do I have to testify?
Not usually. Most cases settle privately; if testimony is required, we prepare you thoroughly and provide emotional support.
What if I’m not sure if I have a case?
Start with a free, confidential consultation. Together, we can determine how to move forward.
Sources:
- https://www.finance.senate.gov/imo/media/doc/rtf_report_warehouses_of_neglect.pdf?utm_source=chatgpt.com
- https://www.dlc-ma.org/wp-content/uploads/2018/02/DISABILITY-LAW-CENTER-INVESTIGATION-REPORT-Patient-Deaths-at-Arbour-Health-Systems-final.pdf
- https://imprintnews.org/top-stories/senate-investigation-slams-residential-treatment-centers-for-children-as-warehouses-of-neglect/250056
- https://www.patriotledger.com/story/news/politics/state/2016/01/12/state-report-criticizes-pembroke-hospital/31998880007/
Spotlight on Sex Abuse in Youth Residential Treatment Facilities
Key Takeaways:
- Youth residential treatment facilities (RTFs) market themselves with caring and compassionate language that hides widespread abuse
- Some of the worst offenders in Massachusetts include Southcoast Behavioral Health Center, Arbour Hospital, and Westwood Lodge
- Patients enter with the hope of getting treatment and healing
- The marketing language used by these facilities often masks a darker reality
- Sex abuse at several MA RTFs has been well documented
- Survivors of sex abuse at RTFs continue to come forward to seek justice
We have written before about the 2024 Senate Finance Committee’s scathing report revealing widespread abuse and neglect at many youth residential treatment facilities (RTFs) across the country, including Massachusetts. RTFs are meant to help children and adolescents struggling with behavioral, mental health, or substance use issues, but as the report indicates, they often become places of further trauma.
The investigation revealed alarming patterns: children being subjected to abuse, including sex abuse, by staff or peers; excessive restraint and seclusion, and unsafe or unsanitary living conditions. The report found that these issues are rooted in an operating model that incentivizes revenue over care, leading facilities to hire underqualified or insufficient staff. This creates a dangerous environment where abuse flourishes. And despite repeated complaints, RTFs often dismiss victims’ reports or hide behind privacy laws to avoid accountability.
If you experienced sex abuse at an RTF, you are not alone. As a law firm helping victims of sexual abuse in youth facilities in Massachusetts, we are seeing an increasing number of survivors of sexual abuse in residential treatment facilities come forward to share their stories and demand justice. In this blog, we focus on three Massachusetts residential treatment facilities that are facing legal claims for sex abuse that occurred on-site for decades.
Southcoast Behavioral Health Center, Dartmouth, Massachusetts
Southcoast Behavioral Health is a 190-bed RTF in Dartmouth, Massachusetts, that claims to provide structured inpatient psychiatric care for children and adolescents ages 5–17 who are experiencing severe mental health symptoms or crises. Stays at Southcoast typically last seven to 14 days, during which patients receive 24/7 monitoring and care from a multidisciplinary team that includes psychiatrists, nurses, social workers, and therapists. Southcoast Behavioral Health markets itself on its website as a “premier” psychiatric hospital offering “superior care” for children and adolescents in crisis. It purports to be a safe, supportive environment where young people can “stabilize and get on a path to a productive, bright future.” The website is filled with positive messages, including “age-appropriate care,” “individualized treatment,” “compassionate professionals,” and “healing environments.” Families desperate for help are told their children will receive evidence-based therapy and personalized attention from a “caring team.”
The contrast between these polished marketing materials and the allegations of abuse at Southcoast Behavioral Health is striking. The reality described by survivors, families, and investigators tells a dark story of abuse at this facility. Staff shortages and inadequate training, among other things, have left vulnerable youth in unsafe situations, often retraumatized by the people who promised to protect them. For too many children, “treatment” at Southcoast has meant enduring pain under the guise of care.
Arbour Hospital, Jamaica Plain, Massachusetts
Arbour Hospital’s Adolescent Inpatient Program provides intensive, short-term psychiatric care for teens in crisis who may be experiencing suicidal thoughts, psychosis, severe mood changes, or behaviors that pose a danger to themselves or others. The program claims to offer a safe, structured environment where adolescents receive 24-hour nursing supervision and individualized treatment designed to promote stabilization and recovery. Like Southcoast, Arbour Hospital outwardly presents itself as a compassionate behavioral health facility dedicated to helping adolescents in crisis. Its website describes a caring, therapeutic environment where young people receive round-the-clock supervision, evidence-based therapy, and “compassionate, understanding behavioral health support.” It emphasizes patient dignity, collaboration, and “a quality, effective and positive experience.”
But again, recent revelations paint a very different picture. Behind the reassuring language lies a facility repeatedly cited for serious abuse and neglect, where the promise of “stabilization and recovery” often masks an ugly reality. Arbour Hospital’s claims of “qualified staff”, “respect” and putting “patients rights” first ring hollow in the face of widespread accounts of youth being assaulted or abused – sometimes by the very people charged with protecting them – and administrators who ignored or silenced complaints.
Westwood Lodge, Westwood, Massachusetts
Despite its closure in 2017, claims of sex abuse at Westwood Lodge continue to surface, and it may not be too late to hold those responsible accountable. Like many other facilities, Westwood Lodge (owned by Arbour Health Systems) once portrayed itself as a trusted, community-centered psychiatric hospital devoted to “healing,” “respect,” and “quality care.” Its marketing touted a supportive environment staffed by skilled professionals dedicated to guiding children and young adults through mental health crises. Parents and caregivers were led to believe they were entrusting their loved ones to a safe facility designed for recovery.
In reality, Westwood Lodge became synonymous with neglect, abuse, and institutional failure. The Boston Globe reported in 2017 that Westwood was permanently closed due to issues of patient safety, quality of care, and the facility’s failure to comply with Massachusetts Department of Mental Health (DMH) requirements. Regulators repeatedly cited the facility for safety violations and patient mistreatment. Reports from former patients and staff detailed sex, physical, and emotional abuse, overuse of restraints, falsified records, and administrators who routinely ignored or covered up serious incidents, including the death of a patient. Despite mounting evidence, Westwood continued to operate for years until it was closed by DMH. Once again, a hospital’s marketing language portraying it as a place of “healing and hope” proved little more than a misleading façade.
Contact an Experienced, Compassionate Sexual Abuse Attorney Today
The disconnect between the public image presented by these Massachusetts residential treatment facilities (and others like them) and their internal reality reflects a systemic problem: facilities profiting from the suffering of vulnerable children while hiding behind therapeutic jargon, privacy laws, and corporate spin. It has to stop!
We are Massachusetts residential treatment facility sexual abuse lawyers. Survivors deserve justice. If you or a loved one suffered abuse in a Massachusetts residential treatment facility, Shepard O’Donnell is here to help. Our experienced, compassionate attorneys stand ready to listen, fight for your rights, and pursue accountability from those responsible. Learn more about commonly asked questions about a sex abuse case in our blog, or contact us for a confidential consultation.
Shepard O’Donnell Now Representing Victims of Sexual Abuse in Residential Treatment Facilities
Shepard O’Donnell, one of the top personal injury law firms in Massachusetts, representing victims of asbestos exposure and sexual abuse, is now taking on cases involving sexual misconduct that occurred in Residential Treatment Facilities (RTFs). This expansion builds on the firm’s work advocating for survivors of abuse by physicians and in schools.
RTFs are intended to be places of healing and recovery for children and adolescents facing challenges such as mental health issues, behavioral needs, or substance use. However, there have been numerous reports of abuse in these facilities, showcasing the systematic failures that must be addressed. For many who enter them expecting help and support, the experience has been abusive and traumatic.
“Institutions have a fundamental duty to protect those who have entrusted them with their health and safety,” said Co-Managing Partner Erika O’Donnell. “We’re committed to holding these institutions accountable and ensuring that survivors of abuse have a path towards justice.”
Shepard O’Donnell is committed to providing a safe, nonjudgmental space where victims of violent crimes or traumatic experiences can begin to process what’s happened to them. With a dedicated case team and a victim advocate, the firm offers a holistic approach that ensures clients receive comprehensive support, both legally and personally.
What To Expect in a Sex Abuse Case: Questions and Answers
Key Takeaways:
- The decision to file a sex abuse case can be frightening and overwhelming
- Sex abuse survivors often have many questions about how these cases work and what’s involved
- Having answers to these questions can help survivors decide whether or not to move forward with a sex abuse case
- The right legal team should let you set the pace, make your own choices about how to proceed, and offer you compassionate support throughout the process
Taking the courageous step to pursue legal action after experiencing sexual abuse is deeply personal and it’s only natural to feel uncertain, scared, or overwhelmed at the prospect. Many survivors share the same concerns and you are not alone in wondering what lies ahead.
Below are our answers to some questions you might have as you seek justice for the trauma inflicted on you. Keep in mind that these answers are based on the way we, at Shepard O’Donnell, handle sex abuse cases and may not be the same for all law firms.
- What does it mean to seek “justice”? Justice means different things to different people. For some, it’s not about money, but more about accountability, like an admission of wrongdoing or changes at an institution to prevent future harm. For others, financial compensation plays a role in helping them rebuild their lives. From the very beginning, we will work with you to uncover what justice means for you. The answer helps us shape the path forward in a way that is most meaningful to you.
- What will our initial meeting be like? The first meeting is about getting to know each other. We’ll share how we approach cases, and you’ll have space to share your thoughts, questions, and concerns. When you feel comfortable, we’ll talk briefly about the abuse and help you understand the ways in which it has impacted your life. Some people are surprised at the various ways past trauma has shaped who they are today. We work hard to create a safe environment in which to open up, either in our office or in your own home. At this time, we will also talk about boundaries, whether that includes avoiding certain topics you’d rather not discuss, or not leaving messages on a home phone, we’ll respect your wishes. Our goal is to help you feel secure at every step.
- Will I have someone to support me through the process? You don’t have to go through this alone. Our attorneys are committed to being as accessible as possible, and you’ll also have direct access to our dedicated, in-house victim advocate, who is available by phone or text whenever you need. Their role is to provide a safe, nonjudgmental space where you can begin to process what’s happened, help you understand your rights, and make sure you feel empowered and informed as you move forward. They’re also there to help you prepare important paperwork, such as potential restraining orders, and to connect you with local resources like counseling services, support groups, or other information. Your advocate will ensure that your voice is heard, your needs are respected, and your choices are honored.
- How many times will I have to tell my story? This is a big concern for many survivors and we understand why. Retelling your story is often re-traumatizing. Our goal is to minimize how many times you have to go through it and there will likely be some time between when you share it with us initially and when you may have to repeat it. Our victim advocate is there to ensure you won’t have to tell your story needlessly and is available to support you throughout.
- How involved do I have to be? It’s completely up to you. Some survivors want to know every detail and be part of every decision. Others prefer only to hear from us when absolutely necessary. You can choose the level of involvement that feels right for you.
- Will I face judgement or shame? Our sex abuse team understands that trauma can impact people in many ways—mental health struggles, difficulties at work, challenges in relationships, or coping behaviors like drinking or drug use. There is no shame in that. We aim to take a holistic approach to each individual situation and if you need help beyond the case itself, such as counseling or financial resources, our victim advocate is there to connect you with the services you feel may be right for you. Our role is to support you, not judge you.
- Can my name be kept confidential? Many people considering legal action against a sex abuser worry about who else might find out. If you’d prefer to remain anonymous, we will certainly keep your confidentiality. In Massachusetts, we can file cases using pseudonyms (like “Jane Doe”) and while the accused will know your name, it won’t be made public. Even when multiple survivors are part of the same lawsuit, plaintiffs won’t know each other’s identities unless they choose to connect. We also take extra care to make any necessary court documents trauma-sensitive, avoiding unnecessary details that could potentially identify you. We’ll always review these filings with you before they are submitted to ensure you feel comfortable and are part of the process in every way you want to be.
- How quickly do I have to decide if I want to move forward? Aside from the statute of limitations, the timeline is yours to set. If the statute of limitations is close, we might encourage you to file simply to preserve the statute, since this may be the only opportunity you have to file your case. After that, you set the pace. At each stage, whether requesting medical records, sending a demand letter, or filing a case, you’ll decide if and when you feel ready to move forward.
- Will I have to face the person I’m accusing? This is a very common fear and although every case is different, we’ll protect you as much as possible. If a case goes to trial, the accused does have the right to be in the courtroom but you will never be closer than that. Sexual abuse cases often resolve before a deposition is required, however, if necessary, we would arrange things so you don’t have to be in the same room during questioning. And you will never go through this alone: someone from your legal team or your victim advocate (or both) will be by your side.
- Will I be cross-examined? The very idea of being questioned can feel overwhelming and scary, and truthfully, a deposition can be painful and frustrating. But it can also be empowering. Many survivors describe finding their voice and the strength to finally be able to say, “this is my story and this is the terrible thing someone did to me.” We have seen clients come out of the experience with a renewed sense of purpose and a steely resolve to bring the perpetrator to justice. Not all cases require a deposition or trial, but if yours does, we’ll prepare you carefully and stand with you every step of the way.
- Do I have to file a criminal case? Civil and criminal cases are separate, and the choice is yours. A criminal case involves bringing your complaint to the police and many survivors of sexual abuse don’t feel comfortable doing so. You can certainly pursue a civil case without filing a criminal one. While you may be asked why you didn’t go to the police when the incident occurred, there may be many valid reasons why and we’ll help you share your story in a way that feels comfortable. To the extent you may also be involved in an ongoing criminal case, we will be there, as your civil attorneys, to make sure that your rights are protected.
Contact a Compassionate Sex Abuse Attorney Today
The decision to pursue a legal case against an abuser is never an easy one. If you have been the victim of physician sexual abuse, school sexual abuse, or sexual abuse while attending a Residential Treatment Facility, we encourage you to take the important first step to contact us at (800) 451-4471 for a free, confidential, no-obligation discussion about possible legal action.
At Shepard O’Donnell, our sex abuse attorneys represent both women and men who are looking to hold perpetrators, and the institutions that employ(ed) them, accountable for their reprehensible actions. We would be glad to explain what’s involved in the process of filing a claim and answer any additional questions you may have.
We are committed to protecting your confidentiality and ensuring that you feel safe and supported throughout the legal process. Your healing, your rights, and your story are important, not just as a legal case, but as a person who matters.
Read more about our approach to working with sexual abuse survivors.
How to Protect Your Child Athlete From Abuse This Summer
Today, many parents are going the extra mile to give their kids every chance to succeed, especially in sports. From private coaching to elite summer camps, the drive to gain a competitive edge often begins early. Sports like baseball, hockey, tennis, and gymnastics now demand year-round commitment and intensive training to reach the highest levels. For many families, these programs represent more than just skill development, they’re often seen as stepping stones to college scholarships or even professional careers.
It’s no surprise, then, that some parents are investing in top-tier summer programs for their young athletes. However, with the proliferation of these programs comes the need for increased vigilance around who is running them. Whether it’s a summer league, sleepaway camp, a weekend tournament, or one-on-one training sessions, these activities can place kids in unsupervised or semi-supervised settings with adult trainers and coaches who are often relative strangers. Even if they are people you think you know well, having proactive conversations with your child about what constitutes abuse and what to do if they encounter it can not only help prevent harm but also empower your child to speak up if something feels wrong.
It’s not about being fearful, it’s about being informed. You are placing trust in trainers, camp staff, drivers, chaperones, and team doctors to care for your child in your absence. The unfortunate truth is that, while these adults are there to coach your child and support their athletic development, they also have the potential to cross boundaries and abuse that trust.
What Constitutes Child Abuse in Sports?
According to mass.gov, child abuse is “the non-accidental commission of any act by a caretaker upon a child under age 18 which causes or creates a substantial risk of physical or emotional injury or constitutes a sexual offense under the laws of the Commonwealth or any sexual contact between a caretaker and a child under the care of that individual.” Abuse in youth sports is rooted in the inherent power dynamic between athletes and coaches, making young athletes vulnerable to all forms of abuse. And when the team is winning, or the child is excelling, questions and concerns tend to be pushed aside. Child abuse in sports can take many forms, including:
- Physical abuse
- Emotional and psychological abuse
- Bullying, including physical, verbal, emotional, and cyberbullying
- Harassment and hazing
- Sexual abuse
- Grooming
What is Grooming?
In order to keep children and young people safe, it’s important to understand the concept of grooming. Grooming is a deliberate process where an abuser builds trust with a child and/or their family in order to facilitate sexual abuse, and can happen in person or online. The U.S. Center for SafeSport warns that since grooming involves manipulation, it can be hard to tell the difference between the actions of a caring adult and one who is grooming your child for abuse. Some telltale signs of grooming could include creating opportunities to be alone with your child; getting close to them by acting like a friend, instead of a coach; insisting on physical contact such as hugging or touching; communicating in secret online, or offering private lessons, gifts, or privileges no one else gets. Parents will sometimes ignore these warning signs in the mistaken belief that this means their child has exceptional talent that the coach or other staff member wants to develop. Recent allegations made by Alex Cooper of the popular podcast Call Her Alex, against a BU soccer coach claim this type of grooming behavior.
Most child sexual abuse or grooming is perpetrated in isolated, one-on-one situations. While child sexual abuse often occurs after or alongside grooming, abuse does not always take place. Similarly, perpetrators can also sexually abuse a child without grooming them beforehand. We encourage you to have ongoing, age-appropriate conversations with your children about personal safety, boundaries, and what to do if something doesn’t feel right (see the resources listed below).
How Can You Protect Your Child From Sexual Abuse in Sports?
While laws like the SafeSport Act are a valid attempt to keep kids safer, you know your child best. Watch their mood, look for changes in behavior, and monitor their attitude in relation to the sport to determine if something might be wrong. Try to be as involved in the organization as possible so you can monitor what goes on. Since predatory behavior usually builds over time, you, as a parent, can watch for unusual coaching behavior to try to catch abuse before it starts. Bullying at games, angry outbursts, inappropriate flirting between players and staff, or coaches who encourage excessive hugging or physical contact are all red flags. Whether it’s for your town’s summer league or an out-of-town skills camp, there are a few additional steps you can take to keep your child safe from sexual abuse:
- Make sure everyone associated with the program has had background checks
- Ask about the organization’s abuse prevention policies, like those in the Minor Athlete Abuse Prevention Policies (MAAPP)
- Ask whether and how often staff are required to have training on how to spot and report abuse
- Ask to see abuse prevention policies and procedures
- Ask to be copied on all communication with your child
- Check in with your child regularly to make sure they’re still enjoying the sport
- Help your child set boundaries and empower them to say “no”
- Teach your child never to be alone with another adult
- Speak up when you see concerning behavior from coaches, volunteers, administrators, or older teenagers
- Set guidelines for local and overnight travel, and make sure your child is comfortable with everything and everyone involved
Above all, keep lines of communication open—with your child, your child’s coaches, and other parents. Let your child know that they can tell you or another trusted adult if something is wrong, that you will always believe them, and that they should never keep secrets from you.
Contact an Experienced Sexual Abuse Attorney
Participating in youth sports has many benefits, and we hope you and your child have a positive experience this summer and beyond. If you have any questions or need to speak with an experienced sexual abuse attorney, call us for a free, confidential conversation. Our compassionate legal team works with survivors of child sexual abuse, and our in-house victim advocate is available to provide a safe, non-judgemental space in which to process what has happened. From your first conversation with us, you’ll have someone by your side who understands the emotional toll of trauma and is there to offer guidance, comfort, and practical support.
Resources
- Mass.gov Warning Signs of Child Abuse and Neglect
- U.S. Center for SafeSport Emotional and Physical Abuse and Misconduct Toolkit
- National Center for Missing & Exploited Children’s Safe to Compete website
- Safe to Compete Discussion Guide: Ages 5-10
- Safe to Compete Discussion Guide: Ages 11-17
- Safe to Compete Tips for Protecting Child Athletes from Sexual Abuse
How Can a Victim Advocate Help You?
Experiencing a violent crime—especially sexual abuse or assault—can leave deep emotional and psychological wounds. Survivors often face a complex and overwhelming path to healing and justice, going through a range of difficult emotions on their road to recovery. You don’t have to navigate that path alone. A victim’s advocate is someone who walks beside you, offering support, guidance, and compassion every step of the way.
Victim advocates are trained professionals who provide a safe, nonjudgmental space where you can begin to process what’s happened. They’re here to listen, to help you understand your rights, and to make sure you feel empowered and informed as you move forward—at your own pace.
A Voice For Victims
In the aftermath of a traumatic experience, many survivors feel overwhelmed by fear, uncertainty, or the belief that no one will truly understand or believe what they’ve been through. A victim advocate stands alongside you, not to speak for you, but to help you feel strong enough to speak for yourself.
Advocates understand how difficult it can be to relive painful events, especially in intimidating environments like police interviews, legal proceedings, or courtroom hearings. They help you organize your thoughts, remember key details, and feel prepared for whatever step comes next. If you’re unsure about whether to take legal action, your advocate can offer clarity so you can make choices that feel right for you.
Most importantly, they remind you that you are not alone. Your voice deserves to be heard, and your experience deserves to be acknowledged with empathy, respect, and dignity.
A Caring Ally
A victim advocate can help you understand your legal rights and explain your options in clear, simple terms. They can guide you through each stage of the justice system, from reporting a crime, to navigating complex procedures, and even attending hearings and other important meetings with you, all while keeping your well-being front and center.
They’re also there to help you prepare important paperwork, such as restraining orders, and to connect you with local resources like counseling services, support groups, or other information. Your advocate will ensure that your voice is heard, your needs are respected, and your choices are honored.
Our In-House Victim Advocate
At Shepard O’Donnell, we know how difficult it can be to come forward with a sexual abuse claim. That’s why our legal team includes a dedicated in-house victim advocate. From your first conversation with us, you’ll have someone by your side who understands the emotional toll of trauma and is there to offer guidance, comfort, and practical support.
If you have been the victim of physician sexual abuse, school sexual abuse, or sexual abuse while attending a Residential Treatment Facility, we encourage you to take the important first step in holding your abuser accountable. Contact us at (800) 451-4471 for a free, confidential, no-obligation discussion about possible legal action. We would be glad to explain what’s involved in the process of filing a claim. Read more about our approach to working with sexual abuse survivors in our blog.
We are committed to protecting your confidentiality and ensuring that you feel safe and supported throughout the legal process. Your healing, your rights, and your story are important, not just as a legal case, but as a person who matters.
Sexual Abuse Common in Private Youth Residential Treatment Facilities
If you suffered sexual abuse at a residential treatment facility (RTF), you are not alone. RTFs are intended to support vulnerable young populations suffering from mental health, substance use, and behavioral challenges. Troubled children and youth enter these facilities expecting help and support yet the very people tasked with helping them are sometimes the ones who cause further trauma.
In 2024, the Senate Finance Committee released a scathing report revealing widespread abuse and neglect at many youth RTFs across the country. Based on a two-year investigation into dozens of facilities, including those in Massachusetts, operated by four of the largest behavioral health providers in the country—Universal Health Services, Acadia Healthcare, Devereux Advanced Behavioral Health, and Vivant Behavioral Healthcare—the report reveals that RTF providers frequently optimize profit over the wellbeing and safety of children and youth. While this report concerns placements financed by Medicaid and the child welfare system, children whose stays are covered by private and public funds often overlap in the same programs, including in facilities at-issue in this investigation.
A key finding of the investigation is that children “suffer harms such as the risk of physical, sexual, and emotional abuse at the hands of staff and peers, improperly executed and overused restraint and seclusion, inadequate treatment and supervision, and non-homelike environments that are often unsanitary and unsafe. These harms amount to acute safety concerns and have long-term effects, including suffering, trauma and even death.”
Prioritizing Profits Over Patients
How can this happen? Private residential treatment is big business. Facilities are marketed as nurturing, supportive solutions to challenging behavioral and mental health challenges. Websites are full of encouraging language such as “treating individuals with respect”, “operating with integrity”, “dedication of staff”, “provid[ing] a quality, effective and positive experience”, “patients are our top priority”, and “compassionate, understanding behavioral health support”.
It turns out much of this language is lip service, intended to keep shareholders happy, federal dollars flowing, and trusting, well-meaning parents in the dark so they keep sending their children for what they believe will be “compassionate, quality care.”
Because many RTFs are reimbursed by the government on a per patient basis, they are incentivized to cut costs and corners in order to reap big profits. The congressional report calls this out directly: “The risk of harm to children in RTFs is endemic to the operating model. The harms children in RTFs experienced are the direct, causal result of an operating model that incentivizes providers to optimize revenues and operating and profit margin.”
Unqualified, Overburdened, Undertrained Staff
Part of their cost-cutting measures involves those related to staffing. Whether that means hiring less qualified (and, therefore, cheaper) staff or not enough staff in relation to the number of patients, the resulting lack of appropriate personnel and supervision creates an environment ripe for abuse.
The congressional investigation found that “children spend the majority of their time supervised by…staff who are ill-equipped to address their complex behavioral health needs and, in some cases, children interact with staff who pose a direct threat to their wellbeing… In the worst of circumstances, children at RTFs suffer…sexual, physical, verbal, or emotional abuse at the hands of staff. Mistreatment is endemic to the conditions at RTFs.”
Whether it is the staff perpetrating these atrocities or creating an environment in which they are allowed to occur, unchecked, by others, the lack of investment in qualified employees is putting patients in danger. Maximizing profits at the expense of the most vulnerable patients is abhorrent and must be stopped.
Blaming the Victim – Again
It is an unfortunate reality that predators target the most vulnerable. It stands to reason, then, that RTFs should have a heightened duty of care, with more than the average protections in place to shield their vulnerable, often fragile patients. The congressional investigation found that, in reality, “horrific instances of sexual abuse persist unremediated inside RTFs.”
Many of these facilities have inadequate processes or policies in place to protect their patients or give them a voice. Sadly, because of their mental health or behavioral challenges, patients are frequently discounted as people, and their complaints against staff members or fellow patients go unheeded. In some instances, even multiple complaints about individuals or situations have not been followed up on, and accused staff are simply moved to another wing or another facility altogether without disciplinary action.
Scapegoating tactics abound. Accused staff members or peers will claim that sexual activity was consensual, that the victim was “promiscuous”, that they were “in a relationship”, or a host of other excuses that deflect blame away from themselves. And, facilities hide behind HIPAA as an excuse to keep these incidents quiet. Victims feel victimized all over again when their complaints are minimized or not taken seriously.
Denial: We’ve Seen This Playbook Before
Any attempts at remedial action fail to address the underlying culture of harm at RTFs. Despite being found in violation of state and federal regulations, RTFs in Massachusetts rely on the state’s lack of resources for follow-up to ignore demands to improve practices. This is very much the kind of playbook that we, at Shepard O’Donnell, have seen before from tobacco and asbestos companies: there is a well-known, well-documented, dangerous, and systemic problem, but the companies continue to profit and, therefore, use their substantial resources to fight in the courts and in the press to deny any wrongdoing.
And yet, despite their denials, asbestos manufacturers and tobacco companies regularly pay large financial settlements to victims. Isn’t it time RTFs were held to the same account?
Contact a Sexual Abuse Attorney
If you suffered sexual abuse at a RTF, know that it was not your fault. As this congressional report shows, abuse is rampant in many of these facilities. The companies that own and manage these facilities have allowed, even enabled, this abuse to take place and should be held financially accountable.
In our experience working with survivors of sexual abuse, we have learned how difficult it is, not only to come to terms with what happened to you, but also how difficult it is to come forward and tell your story. We are empathetic yet fierce defenders of your honor and promise to do everything in our power to hold sexual offenders and the institutions that employ them, accountable for the harm they’ve inflicted. When you’re ready, we are available for a confidential, no-obligation discussion about possible legal action.
What Are Some Common Emotions Experienced by Physician Sex Abuse Survivors?
The road to healing for survivors of physician sexual assault is long and difficult, and no two experiences are the same. Although no one can truly understand your experience in the way that you do, in our time working with survivors of physician sexual abuse, we’ve learned about some of the primary emotional hurdles survivors experience. We’ve worked with alleged victims of Dr. Derrick Todd as well as those allegedly abused as children by pediatrician Dr. Richard Kauff. We know that it takes an immense amount of courage to seek legal counsel and we understand that not everyone is ready to take that step. No one who has been sexually abused or assaulted is to blame and perpetrators, especially those in a position of trust, should be held responsible. While the emotions outlined below may not mirror your own, we understand the complex and difficult emotional journey survivors face.
A Difficult Journey to Healing
Sexual assault is never the survivor’s fault.
Nevertheless, survivors are often embarrassed to acknowledge that this terrible crime was committed against them, fearing judgment from those around them. They may feel they won’t be believed, especially if the crime occurred many years ago, as in the case of some pediatric abuse cases. They may also feel ashamed and wonder how they could have “let it happen.” And yet, the inherent imbalance of power in a doctor/patient relationship makes it very difficult for a patient to know whether what the doctor was doing was actually a normal part of the examination, as they asserted it was.
These complicated emotions are especially true for children, most of whom do not have the capacity to recognize that certain behaviors are, in fact, abusive. It can be extremely difficult for children to identify sexual abuse in a doctor’s office where part of a routine physical examination requires them to remove their clothing. Children cannot be expected to understand when aspects of an examination cross a line. Even if they suspected something was not right, as children, they likely would not have been able to articulate exactly what happened or advocate for themselves sufficiently. They may also feel that adults wouldn’t believe them.
This fear of not being believed, even as adults, is sometimes compounded by the fear of being ostracized or judged by friends, family, or even colleagues when they learn of what happened to them when they were so little. Victim-shaming is a profoundly damaging reality and unfairly shifts the burden of responsibility from the perpetrator to the victim. Addressing victim-shaming requires a shift towards understanding, empathy, and support for survivors, focusing on holding perpetrators accountable and creating environments where individuals feel safe and validated in sharing their experiences.
Survivors of childhood physician sexual abuse can also experience feelings of guilt, wrongly assuming that they somehow encouraged or allowed this behavior. They may resist coming forward with their story because they don’t want to upset a parent or caregiver, especially if other family members were patients of the same doctor. Although there is nothing they could have done to prevent the behavior, they may feel that they should have done something to protect a sibling. The same is true for parents who were unable to protect their children from the abuse. As in the case of Dr. Kauff, parents were often in the room at the time of the abuse and may feel tremendous guilt and shame at not having understood what was happening. Unfortunately, this alleged predator managed to hide his actions through deceit and lies.
Some victims feel a sort of ambivalence, not fully acknowledging or understanding the trauma inflicted on them when they were so young. This, too, is normal, though working through past traumatic experiences can sometimes lead to enlightening self-discovery. Adult survivors of childhood physician sexual abuse often experience “white-coat syndrome,” which is a deep-seated fear of going to the doctor. They may engage in negative or inappropriate relationships, or have difficulty with emotional and sexual intimacy. Others may struggle with a range of mental health issues, including depression, post traumatic stress disorder, eating disorders or addiction that prevent them from sharing their experience. Better understanding the past sometimes leads survivors to better understand some of the life choices they’ve made, allowing them to move forward in a positive direction.
Anger is, understandably, a large part of the emotional journey of a survivor of childhood sexual abuse by a physician. Individuals wonder how those around them could have let this happen and anger directed towards a parent or caregiver can damage family relationships. More common, however, is the justifiable anger directed at the offending doctor and the institutions that failed to protect victims from a dangerous predator. That anger can be usefully channeled into seeking justice for the crimes that have been committed against them.
Hospitals and Clinics Should Also Be Held Responsible
Hospitals, clinics, and other medical institutions that allow physician abuse to occur must be held accountable. Everyone at the facility has a responsibility and a duty to protect their patients and staff, especially if those patients are children. Valid questions to determine whether institutions have done all they could to protect victims include:
- Do they provide sufficient oversight?
- Do they audit their physicians’ practices from time to time?
- Is there a nurse or other staff member in the exam room to keep behaviors in check?
- Do they screen doctors and staff for past child abuse issues?
- Do they have easily accessible channels that facilitate victims coming forward?
- Do they require training to maintain appropriate boundaries?
Failing to protect those in their care can be considered negligence, for which compensatory damages could be available. Individuals who have suffered at the hands of their physician deserve to be adequately compensated.
Call For Legal Advice Before Time Runs Out
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 your abuser accountable before it’s too late. In Massachusetts, victims of childhood sexual abuse must file a claim within 35 years of when the abuse occurred, or within 7 years of the time they discovered an emotional or psychological injury, whichever period expires later. Some victims of Dr. Kauff are now in their 40s, and this time limit is fast approaching. For survivors of sexual abuse as adults, that statute of limitations is just three years. Call us at (800) 451-4471 for a free, confidential, no-obligation discussion about possible legal action. We would be glad to explain what’s involved in the process of filing a claim. Read more about how we work with sexual abuse survivors in our blog.
Look After Your Mental Health
If you are a survivor of physician sexual assault or abuse, any emotions you may be experiencing are valid and we encourage you to be patient with yourself on your path to healing. 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 assault and abuse.
- 24/7 Domestic Violence & Sexual Assault Hotline: 508-588-8255
- Health Imperatives
This program includes nutrition assistance, a domestic violence shelter, sexual assault counseling, and more. - 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. - 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. - 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. - 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. - 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. - 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. - 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.
If you are a survivor of physician sexual assault or abuse, 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.











