Sexual assault is always traumatic. When the attacker is a parent, relative, or caregiver responsible for a child’s well-being, the betrayal is even more tremendous and can lead to issues that victims struggle with for the rest of their lives. All too often, these young victims have no recourse; they may not know how to report their abuse, may not be believed by law enforcement, or are simply too terrified to come forward.
However, as people enter adulthood and get more freedom from their abusers, remedies are available. They can seek criminal punishment for offenders, though many people describe the criminal process as feeling like a re-victimization. Victims can also seek justice through the civil justice system by filing a lawsuit against their abusers with the help of a sexual abuse attorney. A Philadelphia incest and foster care sexual assault lawyer at Marrone Law Firm, LLC, could help you investigate your options. Contact us to find out more.
When people think of civil liability for incest or other forms of childhood sexual abuse, they often picture suits against abusers. However, abusers are not the only people who may be liable. Children interact with others who must report child abuse, and mandatory reporters in Pennsylvania include:
Mandatory reporters are legally required to report suspected child abuse or neglect. Failure to do so could expose them to criminal charges and potential civil liability. A Philadelphia incest and foster care sexual assault attorney could help you explore the potential for third-party liability.
Broadly speaking, incest refers to sexual relations with a family member. Pennsylvania Consolidated Statutes § 4302 specifically defines incest as knowingly marrying, cohabitating with, or having sexual intercourse with a half or whole brother or sister or a full-blood uncle, aunt, nephew, or niece, as well as ancestors or descendants—parents, children, grandparents, grandchildren, etc.
Incest generally refers to blood relationships. For example, it is not incest for siblings unrelated by blood to have sex. Despite this, ancestors and descendants who are not related by blood, such as parents and children, are still prohibited from this behavior.
Incest of a minor occurs when one of the involved parties is under the age of 13 or the age of 18 with a four-year gap between the older person in the relationship. In addition to incest, the older partner may be guilty of other criminal charges. A Philadelphia attorney who handles incest and foster care sexual assault cases could help victims understand how criminal law might impact a potential civil case.
While foster parents do not have blood relationships with children and are not related to them by adoption, they do have a duty to protect the children in their care. Because of this, they can be held personally liable for committing—or permitting—child sexual abuse.
The Pennsylvania Department of Public Welfare must also look out for the welfare and well-being of children in their care. Failing to perform background checks or routinely ensure a child’s well-being can open them up to civil liability.
There may be additional requirements and a shorter statute of limitations for victims who want to seek damages against the government. In Pennsylvania, victims need to file a notice within six months. A Philadelphia lawyer could explain how the statute of limitations and government filing requirements might impact an incest or foster care sexual assault case.
Being free from sexual abuse should be the minimum standard for children, wherever they live and whoever’s care they are under. Mandatory reporting requirements exist to keep children safe. Victims may have claims against both their abusers and other adults or agencies who failed to intervene and stop abuse.
If you were sexually abused as a child, you may have civil remedies available to you. Contact a Philadelphia incest and foster care sexual assault lawyer from Marrone Law Firm, LLC, to learn more.