Glossary
Sexual Assault
Any nonconsensual sexual act prohibited by federal, tribal, or state law, including when the victim lacks the capacity to consent. Survivors may bring civil lawsuits against the abuser and sometimes against institutions that enabled the abuse.
The U.S. Department of Justice's Office on Violence Against Women defines sexual assault as any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent. That includes situations where a person is incapacitated, underage, or unable to consent because of a disability or the abuser's authority over them.
Criminal prosecution and civil lawsuits are separate. A prosecutor decides whether to bring criminal charges. A survivor can file a civil lawsuit for money damages whether or not there was a criminal case, and the standard of proof in a civil case is lower. Civil claims can be brought against the person who committed the assault, and often against organizations whose negligence allowed it, such as by ignoring prior complaints, failing to screen or supervise employees, or covering up abuse.
Deadlines have been changing in survivors' favor. Many states have extended or eliminated the statute of limitations for childhood sexual abuse claims, and several opened temporary "lookback windows" allowing older claims to be filed. The rules differ by state and by the age of the survivor at the time.
Lawsuits in this area include claims against rideshare companies, churches, schools, youth sports organizations, juvenile detention facilities, and foster care systems. These are usually individual cases, and survivors can often file using a pseudonym. If you are in immediate danger, call 911. See our pages on Uber and Lyft sexual assault, institutional sexual abuse, and church sexual abuse. A free case review is confidential.
Related on Best Class Actions
Sources.
Statutes, court rules, appellate opinions, and bar publications we relied on. See our editorial standards.