Yes, you can sue someone for sexually abusing you. A civil lawsuit lets you seek money damages from the person who harmed you and, in many cases, from institutions that failed to prevent the abuse. It runs independently from any criminal case, so you do not need a conviction, charges, or even a police report to move forward. Deadlines have expanded dramatically in recent years, your identity can usually be protected, and most attorneys who handle these cases charge nothing unless you win.
Who You Can Sue
Your lawsuit is not limited to the individual who abused you. Schools, religious organizations, daycare centers, hospitals, youth sports programs, and employers are all common defendants when they enabled the abuse or failed to stop it. Often the institution is where the real money is, which matters when it comes to actually collecting a judgment.
The legal theory against an institution is usually some form of negligence. It can be liable for negligent hiring if it brought on someone with a known history of misconduct, for negligent supervision if it ignored warning signs, or for negligent retention if it kept someone on staff after learning about inappropriate behavior. The question in each scenario is the same: did the institution know, or should it reasonably have known, that this person posed a risk, and did it fail to act?
These institutional claims are often the strongest part of a case. Organizations keep records, and those records tend to surface during litigation. Internal complaints, HR files, prior incident reports, and communications between supervisors can all show that the institution looked the other way.
You Don’t Need a Criminal Case
A criminal prosecution and a civil lawsuit serve different purposes. The government brings criminal charges to punish the offender. You bring a civil suit to recover money for the harm done to you. The two can run at the same time without affecting each other, and the result in one does not control the result in the other.
The biggest practical difference is the burden of proof. A criminal trial requires proof “beyond a reasonable doubt,” meaning the jury must be firmly convinced before convicting. A civil case only requires you to show that your version of events is “more likely than not” true, called a “preponderance of the evidence.”1Legal Information Institute. Beyond a Reasonable Doubt That is a significantly easier bar to clear, which is why survivors can and do win civil cases even when the abuser was acquitted or never charged.
If there is a criminal conviction, it can work powerfully in your favor. A guilty plea or verdict can prevent the defendant from re-arguing the facts already proven in criminal court, which may let you skip straight to proving damages.
How Long You Have to File
Every state sets a time limit on your right to file, known as a statute of limitations. For sexual abuse claims, these limits have been expanding, especially for survivors who were children when the abuse occurred.
Many states pause the clock while a victim is a minor, then give additional years beyond the age of majority to file. Some states have gone further and eliminated the time limit entirely for child sexual abuse claims. Maine abolished its statute of limitations for civil actions based on sexual abuse of minors in 2021, Maryland’s Child Victims Act of 2023 allows suits to be brought “at any time,” and New Hampshire removed its deadline for civil actions based on sexual assault.2National Conference of State Legislatures. State Civil Statutes of Limitations in Child Sexual Abuse Cases
The Discovery Rule
A statute of limitations normally starts ticking on the date of the wrongful act. But many states apply a discovery rule that delays the start until you discover, or reasonably should have discovered, the connection between your injuries and the abuse. This matters enormously for survivors who repressed memories or did not understand the impact until years later. Under the discovery rule, the clock may not begin until you make that connection, even if decades have passed.2National Conference of State Legislatures. State Civil Statutes of Limitations in Child Sexual Abuse Cases
Revival Windows
Some states have created temporary look-back windows that revive claims already expired under the old statute of limitations. North Carolina’s Safe Child Act opened a two-year window allowing previously time-barred child sexual abuse claims to be filed. Several other states have enacted similar legislation. These windows stay open for a limited period, so acting quickly after learning about one matters.
Because these rules vary so much from state to state and continue to change, checking the current deadline in your jurisdiction is one of the first things an attorney will do when you contact them. If you think you might be out of time, talk to a lawyer anyway. You often are not.
Protecting Your Identity
Courts generally require plaintiffs to use their real names, but sexual abuse cases are a well-recognized exception. Many courts allow survivors to file under pseudonyms like “Jane Doe” or “John Doe” to keep their identity out of the public record.
Filing anonymously is not automatic. Your attorney has to file a motion asking the court for permission. The court weighs the sensitivity of the allegations, the risk of harm to you from public disclosure, and any impact on the defendant’s right to a fair proceeding. Courts grant these requests in most sexual abuse cases. The defendant and their legal team will still learn your real identity through sealed court documents, but your name stays out of public filings and media coverage.
What You Can Recover
A successful civil lawsuit produces an award of money damages, split into categories that account for different kinds of harm.
Economic damages cover the financial costs the abuse caused: therapy and counseling expenses, medical treatment, prescription costs, lost wages, and reduced future earning capacity if the trauma has affected your ability to work. These are calculated from actual bills, pay records, and expert projections.
Non-economic damages compensate for harm that does not come with a receipt. Physical pain, emotional distress, anxiety, depression, loss of enjoyment of life, and damage to personal relationships all fall here. These damages are often the largest portion of a verdict because the psychological impact of abuse tends to be profound and lasting. A jury assigns a dollar value based on the evidence of how the abuse affected your life.
Punitive damages are separate. They exist to punish conduct so reckless or intentional that the court wants to send a message. Sexual abuse cases are among the strongest candidates because the conduct is inherently intentional, and punitive damages become especially likely when an institution knowingly covered up abuse. Some states cap these awards; others do not.
If You Signed an NDA or Arbitration Agreement
Two federal laws passed in 2022 stripped away legal tools that employers and institutions historically used to keep abuse claims quiet.
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act gives you the right to void any predispute arbitration agreement or class-action waiver when the claim involves sexual assault or harassment. The choice is yours, not the defendant’s. If you want to take your case to court rather than private arbitration, the law says the arbitration clause cannot stop you.3Office of the Law Revision Counsel. 9 USC 402 – No Validity or Enforceability
The Speak Out Act targets non-disclosure and non-disparagement clauses. If you signed an NDA before a sexual abuse or harassment dispute arose, that NDA cannot be enforced against you in court. The law covers agreements between employers and employees as well as agreements between businesses and consumers, and it applies to any claim filed on or after December 7, 2022.4Office of the Law Revision Counsel. 42 USC Chapter 164 – Speak Out Act
One important limit on both laws: they apply only to agreements signed before the dispute arose. You can still voluntarily agree to confidentiality or arbitration as part of settling a case. The protection is against being forced into silence by something you signed before the abuse happened.
If the Abuser Has No Money or Files Bankruptcy
Defendants sometimes file for bankruptcy to try to escape a civil judgment. For sexual abuse claims, this strategy has limited effectiveness. Federal bankruptcy law provides that debts arising from “willful and malicious injury” to another person cannot be wiped out in bankruptcy.5Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge Sexual abuse is an intentional act causing deliberate harm, which fits within this exception.
Proving nondischargeability requires a separate proceeding within the bankruptcy case, where you must show the injury was both willful and malicious. For a direct claim against the abuser, this is typically straightforward. It can become more complex when the claim is against an institution for negligent supervision rather than against the individual abuser, because institutional negligence may not meet the “willful and malicious” standard. This is also one reason naming an institutional defendant matters when the individual abuser lacks assets.
What It Costs to Hire a Lawyer
Cost is one of the most common reasons survivors hesitate to sue, and it is almost always an unnecessary barrier. The vast majority of attorneys who handle these cases work on a contingency fee basis. You pay nothing upfront, and the attorney collects a percentage of the recovery only if you win. If the case does not produce a settlement or judgment, you owe no attorney fees.
Contingency percentages typically range from about one-third to 40 percent of the recovery. Most attorneys handling these cases also front the litigation costs, including filing fees, expert witnesses, and investigation expenses, and recoup those from the settlement or verdict at the end. Initial consultations are almost always free, so you can learn whether you have a viable case at no financial risk.
What the Process Looks Like
Your attorney begins by investigating the facts, reviewing medical records, identifying witnesses, and researching the defendant’s history. When the evidence supports a claim, the attorney files a complaint with the court naming each defendant and describing what happened. The defendants are formally notified through a process called service.
After filing, both sides enter discovery, where they exchange information. This is where institutional defendants are compelled to turn over internal records, personnel files, emails, and any prior complaints about the abuser. Discovery often produces the strongest evidence in the case because it forces into the open documents the institution would never release voluntarily. You will likely give a deposition, which is sworn testimony outside the courtroom, and your attorney will prepare you in advance.
Most sexual abuse civil cases settle before trial. A settlement is a negotiated agreement where the defendant pays a specific amount to resolve the claim, and your attorney cannot accept one without your approval. If no acceptable settlement is reached, the case goes to trial, where a jury hears the evidence and decides both liability and damages. Trials can last from a few days to several weeks.
Crime Victim Compensation as a Separate Resource
Separate from any civil lawsuit, every state operates a crime victim compensation program funded in part by the federal Victims of Crime Act. These programs reimburse survivors for expenses like medical costs, mental health counseling, lost wages, and related out-of-pocket losses.6Office for Victims of Crime. State Crime Victim Compensation and Assistance Grant Programs Compensation is typically paid only when other resources like insurance do not cover the loss, and you generally must cooperate with law enforcement and submit a timely application.
These programs can provide financial help while a civil case is pending, which may take months or years. Applying does not affect your right to sue, and while the amounts are modest compared to what a civil case can recover, they can cover immediate needs like therapy that you might otherwise delay.