Alabama Sex Abuse Lawsuits

Victims of sexual abuse or sexual assault in Alabama can file civil lawsuits against their abuser and other third parties, such as schools, churches, etc. Our sex abuse lawyers help victims get financial compensation by filing civil lawsuits against parties who negligently allowed the abuse to occur or failed to prevent it.

In this post, we will look at the process of filing a civil lawsuit for sexual abuse in Alabama. We will look at the relevant laws regarding sex abuse and the average settlement value of these cases.

---

What is Sex Abuse in Alabama?

In Alabama, the definition of sexual abuse for civil lawsuits aligns closely with the definitions established in the state’s criminal code. Under Ala. Code § 13A-6-66 and related statutes, sexual abuse generally involves intentional sexual contact—either directly or through clothing—with another person’s intimate parts. This contact must be for the purpose of sexual gratification of the offender or to degrade or humiliate the victim. The term encompasses a wide range of unlawful behavior, including forcible rape, groping, and other non-consensual sexual acts.

A key element in all sexual abuse and assault cases is lack of consent. Any sexual contact that occurs without the victim’s voluntary and informed agreement constitutes abuse. Importantly, minors under the age of 16 cannot legally consent to sexual activity under Alabama law. As a result, any intentional sexual contact between an adult and a minor is per se sexual abuse, regardless of the minor’s apparent willingness or participation.

Filing a Civil Lawsuit for Sexual Abuse in Alabama

Alabama law permits victims of sex abuse to bring civil lawsuits and seek monetary compensation. The right to bring a civil lawsuit is not contingent on whether the victim pressed criminal charges. Abuse victims can file a civil suit regardless of whether they reported the abuse to the police when it happened. It also doesn’t matter whether the abuser was convicted.

Victims can bring civil lawsuits for sexual abuse as long as they are presently willing to testify under oath about the facts of the alleged sexual abuse or assault. Other forms of evidence, such as medical records or fact testimony from other witnesses, can also support the victim’s testimony.

If you file a sexual abuse lawsuit in Alabama, the case will be public record. However, you may be able to keep your name and identity confidential. Alabama’s court rules allow victims to keep their names confidential and use “Jane Doe” or initials in court filings.

Third-Party Liability in Alabama Sex Abuse Lawsuits

In a civil lawsuit about sexual abuse, the main person you might sue is the one who did the abusing. But if that person can’t pay or is in jail, it might not help much.

The way to get money in a sex abuse lawsuit is to go after other organizations that could have stopped the abuse but didn’t. These could be places like schools, churches, or big companies. They usually have money to pay if they’re found responsible.

Here is an example of how this can work. Let’s say Sally was sexually abused by her high school teacher, Jim. Although Sally did not disclose the abuse, the school had received other reports and complaints about Jim’s inappropriate conduct with students, which it failed to investigate. In this case, Sally could bring a sexual abuse lawsuit against the school, alleging negligence in its failure to investigate Jim and protect Sally and other students from potential harm.

Suing Alabama Doctors for Sexual Assault

Sexual assault lawsuits against Alabama doctors have become a critical legal issue, as more victims come forward to hold healthcare providers accountable for misconduct that occurs during medical care. These cases involve claims of sexual misconduct, including assault and inappropriate behavior by doctors or other medical professionals, often taking place during medical exams or procedures.

Alabama medical malpractice claims are governed by the Alabama Medical Liability Act (AMLA). Are sexual abuse lawsuits against Alabama doctors covered by the AMLA? The Alabama Supreme Court has addressed whether the AMLA applies to sexual assault claims against healthcare providers. A former patient sued a physical therapist for sexual assault during a therapy session. The therapist argued that the claim was governed by the AMLA, requiring the plaintiff to meet the statute’s proof requirements.

The court disagreed, ruling that the AMLA did not apply because the injury was not related to medical treatment but rather to the therapist’s misconduct. The court emphasized that sexual misconduct by a healthcare provider does not constitute a “medical injury” as defined by the AMLA.

The court distinguished between injuries resulting from medical services and those caused by intentional, non-medical actions like assault. The court made it clear that the AMLA applies only when the harm stems from the provision of healthcare services, not from criminal acts like sexual assault, even if those acts occur in a medical setting.

This ruling is significant for victims of sexual assault by Alabama doctors, as it allows them to bring claims outside the stringent standards of the AMLA. Without being limited by the AMLA’s procedural and evidentiary requirements, victims can pursue claims of assault and battery under general tort law. This provides a clearer path for justice in cases of sexual misconduct by healthcare providers, ensuring that victims are not constrained by the hyper technical rules intended for medical malpractice lawsuits.

Alabama Juvenile Detention Center Sex Abuse Lawsuits

Recent investigations and increased public attention have shown that sexual abuse of minor inmates at juvenile detention facilities in Alabama has been a systemic problem for a long time. Federal and state investigations and reports have revealed that juveniles in detention centers operated by the Alabama Department of Youth Services (ADYS) were frequently subjected to sexual abuse by predatory staff members. These were the same staff hired to protect the juvenile inmates under their care, but instead they used threats, force, and coercion to subject them to sexual abuse and assault.

It is also apparent that ADYS was grossly negligent in failing to prevent this abuse. The state authorities systematically ignored reports of abuse, failed to properly screen staff members, and failed to enact safeguards to protect juvenile inmates from sexual abuse. A growing number of victims are now filing juvenile detention center sex abuse lawsuits against the state of Alabama and ADYS for sexual abuse at juvenile detention centers.

Some of the major juvenile detention facilities operated by ADYS in Alabama include:

• Baldwin County Regional Juvenile Detention Center – Bay Minnette, AL
• Coosa Valley Regional Juvenile Detention Center – Anniston, AL
• Dallas County Juvenile Detention Center – Selma, AL
• James T. Strickland Youth Center – Mobile, AL
• Ross-Bell Jefferson County Youth Detention Center – Birmingham, AL
• Montgomery County Youth Facility – Montgomery, AL
• Neaves-Davis Center for Children – Huntsville, AL
• Tuscaloosa County Juvenile Detention Center – Tuscaloosa, AL

Alabama Statute of Limitations for Sex Abuse Lawsuits

Unfortunately, Alabama has some of the most restrictive statutes of limitation laws in the country when it comes to sex abuse lawsuits. When the abuse occurs when the victim is an adult (over 18), Alabama’s general 2-year SOL applies. If the plaintiff was a minor when they were sexually abused, Alabama law only gives them until their 25^th birthday to file a civil lawsuit. Ala. Code § 6-2-38. To make things even worse, Alabama does not allow the discovery rule to be used to extend the SOL in sex abuse cases. We gave Alabama a grade of F on our state child sex abuse SOL law report card.

Type of Victim	Deadline to File	Legal Basis	Discovery Rule?
Adult Victim (18+ at time of abuse)	2 years from date of abuse	Ala. Code § 6-2-38(l)	No
Child Victim (under 18 at time of abuse)	By 25th birthday (age 19 + 2 years)	Ala. Code § 6-2-8(a) & § 6-2-38(l)	No
Time-Barred or Repressed Memory Claims	No exception allowed	No statutory revival window	No

Alabama Sex Abuse Verdicts and Settlements

Below are summaries of verdicts and settlements from recent Alabama sex abuse lawsuits.

• $1,500,000 Settlement: After sexually molesting a fourth-grade student in his class on more than one occasion, and being charged but not prosecuted for the incident, the school board reinstated the teacher, where he continued to sexually abuse students. He was later convicted of sexually abusing over 20 girls and sentenced to 17 years in prison. A group of 5 of the victims sued the school board for negligently retaining the teacher, and the case was settled.
• $7,000,000 Verdict: A jury in Mobile awarded $7 million to a mentally incapacitated young man who was sexually assaulted by another patient at BayPointe Children’s Psychiatric Hospital, operated by AltaPointe Health System. The assault occurred when the assailant, another minor patient, was left unsupervised and locked in the victim’s room for over eight minutes. The jury found the facility negligent in its supervision and patient safety protocols.
• $12,500,000 Settlement: The State of Alabama reached a $12.5 million settlement with 100 former residents of the Chalkville Campus, a correctional facility for girls in Jefferson County. Plaintiffs alleged they were repeatedly sexually abused by staff members between 1993 and 2001. The settlement resolved claims of systemic sexual abuse, failure to supervise, and negligent retention of abusive employees.
• $700,000 Settlement: The Archdiocese of Mobile settled a lawsuit with a parishioner who claimed the archdiocese broke an agreement regarding Reverend Paul Zoghby. The plaintiffs reported that Zoghby made unwanted sexual advances and exposed himself to her. The archdiocese allegedly agreed to pay for her counseling and send Zoghby for treatment, but instead transferred him to a different parish
• $25,000,000 Verdict: Plaintiff Jane Doe, an 11-year-old minor, was invited to spend the night at her friend M.G’s house in Lee County, AL. M.G. lived with her parents, defendants Kevin and Jennifer Golden. Late in the evening, Jane Doe, M.G., and another invitee got into bed to watch a movie before going to sleep. M.G. and the other invitee fell asleep during the movie, while Jane Doe remained awake.  Kevin Golden, who was alone at the house with the girls, allegedly went into the bedroom, molested Jane Doe, and took photographs/videos. When he left, Jane Doe called her parents.  Plaintiffs claimed that Jennifer Golden knew or should have known that Kevin Golden was a sexual predator. Plaintiffs further alleged that Jennifer Golden went out that evening, became intoxicated, was arrested for driving under the influence, and spent the night at the Lee County jail.
• $2,020,000 Settlement: The Mobile County Sheriff’s Office agreed to pay $2.02 million to settle civil rights complaints made by female corrections officers at the Mobile County Metro Jail. The officers alleged that male inmates routinely subjected them to severe and pervasive sexual harassment, and that supervisors failed to take effective action to stop the misconduct
• $500,000 Settlement: Defendant First Baptist Church of Spanish Fort allegedly organized a “Family Fun Day,” which included a picnic, on the church grounds in Spanish Fort, AL. The plaintiff’s nine-year-old minor child attended the “Family Fun Day” picnic with her older brother.  Defendant Walter Bowen, the church’s music minister, allegedly led the minor child into a room within the church sanctuary and sexually molested her.
• $8,000,000 Verdict: Plaintiff alleged that around 1976, when Plaintiff was five years old, Defendant, Plaintiff’s father, began a thirty-year pattern and practice of illicit sexual, physical, mental, and verbal abuse. The incidents occurred several times weekly throughout the Plaintiff’s adolescence.  The abuse included fondling of her vagina, which began when she was five years old, forcing her to perform oral sex on him, forcing her to engage in anal and vaginal intercourse with him, forcing her to engage in sexual acts with both underage children and adults, conspiring to cause others to rape and sexually molest her, and numerous acts of other physical violence such as beating, cutting, and extinguishing cigarettes on her hand.
• $700,000 Settlement: The Archdiocese of Mobile admitted that 13 members of its clergy had sexually abused children and paid out roughly $700,000 in settlements and other costs to a group of 18 victims.

Contact Us About an Alabama Sex Abuse Lawsuit

If you have sexual abuse lawsuits in Alabama, call our lawyers today at 800-553-8082 for a free consultation, or contact us online.

• Alabama Car Accident Lawsuits and Settlements
• Alabama Medical Malpractice Settlements