Under New Mexico law, anyone who has been the victim of sexual abuse or assault can file a civil lawsuit against not just the person who abused them but also against churches, schools, or other third parties who negligently enabled the abuse to happen. This post will look at the basic elements of a sex abuse lawsuit in New Mexico. We will also analyze the potential settlement value of New Mexico sex abuse lawsuits.
What Constitutes Sexual Abuse in New Mexico
Under New Mexico law, sexual abuse is defined as any non-consensual sexual touching or contact. Sexual contact is further defined as touching of a person’s intimate parts intentionally done for the purpose of sexual gratification or arousal. Under this broad definition, anything from groping breasts at an office happy hour to forcible rape falls under the definition of sexual assault or abuse.
There are 2 critical elements that must be present in order for something to qualify as sexual battery in New Mexico: (1) sexual intent, and (2) lack of consent. The first element is sexual intent. The plaintiff must show that the defendant engaged in the unwanted touching for the purpose of sexual gratification. Accidentally touching someone’s private parts does not count.
When Can Abuse Victims Sue?
The person who committed the sexual assault or abuse with always be a primary defendant in any sexual battery lawsuit. Suing the abuser is often pointless, however, because they typically will not have the financial resources to pay for any settlement or verdict in the case. Suing the abuser only makes sense in a civil case if they are rich.
The key to financial success in a New Mexico sex abuse lawsuit is going after a third-party organizational defendant with deep pockets, like a church, school, or corporation. These parties can be held liable in a civil case if the plaintiff can show that their negligence somehow enabled the abuse to occur or to continue. Third parties in sex abuse lawsuits can also be held liable if they attempt to cover up abuse incidents afterward.
The burden of proof required to establish sexual battery in a civil case is notably lighter compared to that in a criminal trial. This means that it is much easier for a plaintiff in a civil lawsuit to demonstrate the occurrence of sexual abuse or assault. So even if an offender evades criminal prosecution, they can still be held liable in a civil court of law.
Getting Money from Third Parties in Sex Abuse Lawsuits
Anyone who has been sexually abused or assaulted has the right to file a civil lawsuit and seek compensation. Victims can file civil lawsuits for sexual abuse even if they did not press criminal charges and even if they never told anyone about the abuse.
So who can sex abuse victims sue in a civil lawsuit? Victims of abuse can always file suit against the individual who abused or assaulted them. The problem with doing that, however, is that even if you win the lawsuit you probably won’t be able to get any money out of the abuser. In many cases, the abuser might already be dead or in jail.
The real goal in a sexual abuse civil lawsuit is going after a third party who can be held liable for the abuse. Third parties can be held liable in a civil sex abuse lawsuit if you can show that they were negligent and that this negligence allowed the abuse to happen. For example, if you were abused by a teacher at your school, the school could potentially be liable for negligently failing to stop the abuse or investigate prior complaints against the teacher. Common examples of third parties who can be liable in sexual abuse civil lawsuits include schools, churches, and organizations such as the Boy Scouts, etc.
The following example will help illustrate how third parties can be liable in sexual assault cases. Let’s say Jenny goes to casino in Las Vegas and gets a little drunk. A security guard at the casino escorts Jenny off the casino floor and takes her to a back room where he sexually assaults her. Jenny can sue the casino for negligent hiring and retention.
New Mexico Statute of Limitations for Sex Abuse Claims
New Mexico’s statute of limitations for child sexual abuse lawsuits is relatively restrictive. It allows victims to file a lawsuit until their 24th birthday, with a longer deadline of age 28 for human trafficking claims under N.M. Stat. Ann. § 37-1-30 (2002). The state avoided receiving the lowest possible grade of F due to its liberal and forgiving discovery rule for child sexual abuse cases.
According to the discovery rule, victims have 3 years to file a lawsuit after they “knew or had reason to know, as established by competent medical or psychological testimony, that the injury was caused by childhood sexual abuse,” or 3 years after the victim first disclosed the abuse to a licensed mental health care provider or doctor. Importantly, this discovery rule also applies to claims against third parties under N.M. Stat. Ann. § 37-1-30.
How Much are New Mexico Sex Abuse Lawsuits Worth?
In New Mexico, settlement amounts in sex abuse cases can vary widely, depending on several factors. Key considerations include the severity and duration of the abuse, its impact on the victim’s life, and the financial resources of the responsible parties.
Victims of more severe or prolonged abuse typically receive larger settlements, especially when the abuser is connected to an institution such as a church, school, or state-run facility with significant financial assets.
Additionally, having a skilled sex abuse attorney in New Mexico can make a substantial difference. Effective legal representation is crucial, as experienced attorneys are best equipped to navigate the complexities of the legal system and secure higher settlements for victims.
New Mexico Juvenile Detention Center Sex Abuse Lawsuits
Recent investigations and reports have revealed that sexual abuse of juveniles in Delaware’s juvenile detention centers is a rampant problem. Staff members at New Mexico juvenile detention facilities frequently sexually abuse vulnerable inmates through force and coercion. It has also become clear that the state of the state and its agencies have ignored the situation and negligently enabled children to be victimized at its facilities.
A growing number of individuals who were sexually abused at New Mexico 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.
New Mexico Sex Abuse Verdicts and Settlements
Below are summaries of recent settlements and verdicts in New Mexico sex abuse cases.
$121,500,000 Settlement: The Archdiocese of Santa Fe agreed to a $121.5 million settlement to resolve the claims of 375 victims who alleged that they were sexually abused by clergy and the Diocese covered it up. The settlement was reached after the Archdiocese filed for chapter 11 bankruptcy in the face of a growing tide of sexual abuse claims.
$485,000,000 Verdict: A young girl was placed in a foster care family and her foster father repeatedly raped her. Her subsequent guardians filed a lawsuit against the agencies that placed her in the foster care family and the health care group that managed the program for failing to protect her. The verdict included $400 million in punitive damages.
$1,200,000 Settlement: The New Mexico School for the Visually Handicapped (NMSVH) agreed to pay $1.2 million to resolve a lawsuit brought by 15 former who alleged that they were sexually abused while the administration failed to protect them. The lawsuit claimed that the school had an inadequate process for reporting abuse.
$21,000,000 Settlement: The Diocese of Gallup paid $21 million to a group of over 50 victims of clergy sexual abuse. The settlement was reached as part of the chapter 11 bankruptcy filed by the diocese.
$40,000 Settlement: 14-year-old male student was sexually molested by a male teacher at his school. The plaintiff contended that the school district failed to provide proper supervision to ensure the safety of the minor students entrusted to its care, that it failed to prevent the sexual abuse of its students, that it failed to perform a thorough background check prior to hiring the teacher.
$150,000 Settlement: This case involved two minor females who were sexually molested by the 49-year-old male defendant teacher at a codefendant school. The plaintiffs contended that the school district was negligent, failed to properly screen their teachers and failed to protect the school children from molesters.
Contact Us About New Mexico Sex Abuse Lawsuits
If you were the victim of sexual abuse and want to file a sex abuse lawsuit in New Mexico, contact us today at 800-553-8082 or reach out to us online.