Sexual abuse has become commonplace in today’s society. After the Me Too movement, it has become more evident that most of us probably know someone subjected to sexual abuse at some point in their lives. Our Michigan sexual abuse lawyer is all too familiar with the fact that many survivors hold on to their stories for years.
Most people are familiar with a statute of limitations, leading many people to ask, “Can a sexual abuse lawyer help if the abuse took place years ago?”
There are no simple answers in law, but in many cases, survivors may still benefit from working with a sexual abuse lawyer even if their abuse happened years ago. White Law PLLC. has experienced attorneys ready to listen to your situation if you want to explore your options.
Sexual Abuse is not Black and White
When we hear sexual abuse, we often think of penetrative assault, but the reality is that it can be so many things, and they can all have devastating consequences for those forced to endure it.
It is vital that we understand, as a society, that sexual abuse can happen anywhere, and anyone can perpetrate it. When someone discloses sexual abuse, they should be taken seriously.
Grooming
Survivors of child sexual abuse can face additional struggles due to the natural power dynamic of their word against a likely trusted adult.
Sexual abusers are often very charming and work hard to gain the trust of their target and their caregivers through grooming- a common indicator of child sexual abuse. The process of grooming can increase the ease with which an abuser can gain cooperation, compliance, and silence.
Consent
A critical component of what qualifies as sexual abuse is one of consent or permission for sexual contact. In a sexual encounter, consent should only be an enthusiastic yes.
A sex act may lack consent in a couple of ways, including:
- Withdrawal of consent
- Coerced consent
- Unable to consent (minors, intoxication, cognitive deficits)
- Consent was absent
Sexually Abusive Behaviors
The list of behaviors that may be considered sexually abusive is long. Understanding the vocabulary surrounding sexual abuse may clarify the actions or behaviors involved.
On the Michigan sexual assault and abuse page on Defining Sexual Assault, four main terms may encompass sexual abuse, along with the understanding that all forms of sexual abuse will not fit neatly in a box, including:
- Sexual assault occurs when a person forces another into unwanted sexual contact, whether that is touching or fondling private parts of the body or penetration of some kind.
- Child sexual abuse is when someone has sexual contact with a child. The page notes that children know their abuser in most cases.
- Rape, which is a form of sexual abuse or assault that involves forcible sexual penetration of the body.
- Incest is sexual contact between family members who are too closely related to legally marry. Incest may happen with consenting adults, but it is most commonly perpetrated on children by adults.
- Revenge pornography occurs when a partner shares or otherwise publishes explicit content of someone without their consent.
- Additionally, another form of sexual abuse may include having sex in front of a child and making inappropriate comments.
Your Fight Is Our Fight
How does the Statute of Limitations Affect a Sexual Abuse Case
Michigan has taken great strides in how it handles sexual abuse cases, including the statute of limitations. Previously, the statute of limitations was three years. However, legislation in recent years has extended to ten years for cases of criminal sexual misconduct.
The statute of limitations exists as a form of protection to prevent accusations so far beyond the act that the accused is unable to defend themselves adequately.
There is often a separate statute of limitations for criminal and civil cases, which can lead to confusion for many who may be seeking legal recourse for their abuse. More confusion has been added in recent years with the changes to the statute of limitations for sexual abuse cases.
Lookback Windows
Some states, including Michigan, have created lookback windows to increase the time you have to pursue civil charges for some instances of sexual abuse.
In many of the cases, our clergy sex abuse lawyer sees, institutions have pushed back on these expanded lookback windows with a claim they are unconstitutional.
If you have questions about how the statute of limitations may affect if a sexual abuse lawyer can help if the abuse took place years ago, you will be best supported by speaking with an attorney.
Determining if a Sexual Abuse Lawyer Can Help Me
There are many factors to consider when a sexual abuse lawyer reviews your case. Some of those considerations include when the abuse happened, the context, and if anyone else has similar reports, among others.
Some of the information you can provide that may be helpful in recovering compensation include:
- Dates and locations of your abuse
- Any others that you may have disclosed to at the time
- Information regarding medical records following the event
- Other people the abuser may have victimized
Cases may be more difficult to make when the abuse happened long ago. However, those working in the field know how common delayed disclosure can be, and we have strategies to navigate this.
We know that many people may not feel safe in reporting their abuse right away, and oftentimes, when they do, the abuse took place years ago, but that does not mean not a sexual abuse lawyer can help.
We know how to get our clients the results they need in the toughest legal arenas.
Call a Sexual Abuse Lawyer Today. Even if the Abuse Happened Years Ago
White Law PLLC is dedicated to supporting survivors of sexual assault and abuse, whether at the hands of an individual or an institution.
Our team is dedicated to our clients, and we understand the importance of trauma-informed representation in sexual abuse cases. This means you can trust that we will treat you with the care and respect you need and deserve.
The decision to come forward is not something to take lightly. We offer free case consultations with no obligation to move forward. If you feel you are ready, call us today.
We’re Experienced. We Care.
We Exceed Client Expectations.
