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.
