This post will explain the basics of Idaho sexual abuse lawsuits. Our lawyers examine how Idaho law defines sexual abuse and assault and when victims of sexual abuse can file civil lawsuits and get compensation. We will also analyze the potential settlement amounts for sex abuse lawsuits in Idaho.
Idaho Sex Abuse Lawsuits – News and Updates:
August 15, 2024 – Former Female Inmate Sues for Sexual Abuse by Guard
A 37-year-old Idaho woman has filed a civil lawsuit against the state department of corrections for negligently failing to protect her from being raped by a prison guard while she was an inmate. The lawsuit alleges that while she was an inmate at Pocatello Women’s Correctional Center, one of the correctional officers forced her to perform oral sex on him. The guard accused of the abuse subsequently committed suicide.
February 26, 2024 – Bill to Make Child Sex Abuse Death Penalty Offense
The House Judiciary, Rules and Administration Committee of the Idaho state legislature advanced a new bill that proposes to make child sexual abuse a crime punishable by death in the state. The U.S. Supreme Court has previously ruled that a very similar law attaching the death penalty to a sexual abuse criminal offense was unconstitutional. Meanwhile, this is the same state legislature that refused to amend one of the nation’s strictest limitation statutes for civil lawsuits for child sexual abuse.
Definition of Sexual Abuse in Idaho
In Idaho, sexual assault or sexual abuse is defined as sexual touching or contact without the other person’s consent and for the purpose of sexual gratification. In the context of a civil lawsuit, sexual abuse or assault is often referred to as sexual battery. Under this definition, a wide range of acts (from groping a breast to violent rape) meets the definition of sex abuse.
There are two key elements that must be present to meet the definition of sexual abuse in Idaho. First, the contact or touching must be intentionally done for the purpose of sexual gratification. Grabbing a woman’s breast in a crowded elevator or to catch her from falling is not sexual abuse because there is no sexual intent behind the contact (and in the case of the crowded elevator the contact may actually be inadvertent entirely).
The second essential element is the lack of consent. For intentional sexual touching to qualify as abuse or assault, it must be done without mutual consent. Under Idaho law, minors under the age of 18 cannot give consent to sexual touching. Any sexual contact with a minor by an adult is automatically considered sexual battery.
So even if a 16 year-old fully consents and enthusiastically participates in sexual activities with a 25-year-old, those activities meet the definition of sexual abuse because that 16-year-old lacks the legal capacity to give that consent.
When Can Abuse Victims Sue?
Sexual abuse or assault is both a criminal and civil offense in Idaho. This means that sex abuse victims have the right to press criminal charges and/or file a civil lawsuit and seek financial compensation. Anyone who has been the victim of sexual abuse or assault can file a lawsuit.
Sex abuse victims can file a civil lawsuit regardless of whether the abuser was ever criminally charged or convicted. In fact, victims can file a civil lawsuit even if they never reported it to the police and even if they never told anyone about the incident.
The evidentiary burden for proving sexual battery in a civil case is much lower than the burden in a criminal case. This means it is much easier for a plaintiff in a civil lawsuit to prove that the sexual abuse or assault occurred. So even if an abuser escapes criminal justice, they can still be held accountable in a civil court.
Suing Third Parties in Idaho Sex Abuse Lawsuits
Sexual abuse victims can always sue the individual person that abused them. Usually, however, suing the abusers is somewhat pointless because you won’t be able to get any money from them. Chances are they are either broke, dead or in jail.
The key to getting compensation in sex abuse lawsuit is finding a company, school, or other third party with deep pockets (or insurance) to hold liable for negligence. Idaho law allows abuse victims to file civil lawsuits against third-parties who were negligent in failing to prevent or stop the abuse. Common third-party defendants in sex abuse civil lawsuits include schools, churches, or organizations such as the boy scouts. If you can show that the one of these organizations had a duty to prevent or stop the abuse and failed to do so, they can be held legally liable for damages.
For example, if a teacher abused you at your school, the school could potentially be liable for negligently failing to stop the abuse or investigate prior complaints against the teacher. Also, if you were sexually abused or assaulted in a dimly lit parking lot, you could sue the parking lot owner for negligent security.
Idaho Juvenile Detention Center Sex Abuse Lawsuits
Recent investigations and reports have revealed that sexual abuse of juveniles in Idaho’s juvenile detention centers is a rampant problem. Staff members at Idaho juvenile detention facilities frequently sexually abuse vulnerable inmates through force and coercion. It has also become clear that the state of Idaho has ignored the situation and negligently enabled children to be victimized at its facilities.
A growing number of individuals who were sexually abused at Idaho juvenile detention centers are now filing juvenile detention sexual abuse lawsuits against the state. These lawsuits assert that the state breached its duty to ensure the safety of minors in its custody.
Idaho Statute of Limitations for Sex Abuse Lawsuits
Idaho has one of the worst statutes of limitation in the U.S. for civil lawsuits involving sexual abuse and child sexual abuse. Under Idaho law, child sexual abuse victims only have 5 years after they turn 18 (i.e., their 23rd birthday) to file a civil lawsuit for child sexual abuse I.D. Code § 6-1704(1). That is one of the strictest laws in the country.
In 2007, Idaho did pass a new tolling law that gives child sex abuse victims 5 more years after they “discover” that they were injured due to sexual abuse. However, that law had no retroactive application.
Adult victims of sex abuse in Idaho only have 2 years from the date of the abuse to file a lawsuit.
Idaho Sex Abuse Settlements and Verdicts
Below are summaries of verdicts and settlements in Idaho sexual abuse lawsuits.
$11,000,000 Verdict: An 11-year-old female suffered child abuse, drug addiction, and emotional distress when she was allegedly sexually assaulted by the male defendant, who was a family member and her legal guardian, over a period of approximately four years. The plaintiff contended that the defendant sexually molested her, provided her with controlled substances that resulted in addiction, and breached his duty to ensure her safety and welfare.
$120,000 Settlement: The plaintiff, a six-year-old female, suffered contusions and lacerations to the vagina and emotional distress when she was sexually molested by the 73-year-old male defendant.
$500,121 Verdict: The plaintiff was a young girl who was repeatedly molested and raped by her mother’s live-in boyfriend. The abuse occurred over two years between 1997 and 1999, beginning when Plaintiff was 12 years old. The mother was not aware of the situation until it was discovered in 1999. Defendant was criminally charged and is now incarcerated as a result of the events in this case.
$100,000 Settlement: Plaintiff was the friend of a girl whose step-father supervised a 4-H club. Plaintiff was recruited to join the club and was thereafter sexually molested by the step-father. Plaintiff alleged that the State through the University of Idaho was responsible for supervising and implementing the 4-H program, and failed to properly screen the step-father’s background, which included a criminal history of sexual crimes against minors. The step-father allegedly confessed to the sexual molestation of Plaintiff, then died while in jail awaiting trial.
$1,919,000 Verdict: The plaintiff Jane Doe, female age 16, employed by Signature Pointe Home & Garden Accents, sued Charles Hartman, age 61, claiming that he sexually abused her during the course of her employment. The lawsuit claimed that Hartman sexually molested the plaintiff on at least two business trips out of state and groped or fondled her at undisclosed private locations in the Boise area.
Contact Us About Idaho Sex Abuse Lawsuits
If you were the victim of sexual abuse and want to file a sex abuse lawsuit in Idaho, contact us today at 800-553-8082 or reach out to us online.