This post will explain the basics of Utah sexual abuse lawsuits. Our lawyers examine how Utah 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 value of sex abuse lawsuits in Utah.
How is Sexual Abuse Defined in Utah?
The legal definition of sexual abuse or sexual assault in Utah is essentially the same as it is in other states. Under Utah law, any form of unwanted and intentional sexual touching or contact can qualify as sex abuse. The touching can be considered “sexual” when it involves a person’s intimate body parts.
As a practical matter, sex abuse can range from groping to forcible rape. The 2 key elements that must be present to meet the definition of sexual abuse are: (1) physical touching, and (2) lack of consent.
The first element of sex abuse is physical touching. To constitute sexual abuse or assault there must be actual physical contact of a sexual nature. Verbal sexual harassment is not enough.
The second element of sexual abuse or assault is the absence of consent. Lack of consent is the key element that defines all categories of sexual assault. If the sexual touching is not consensual it is automatically abuse or assault. Minors (anyone under the age of 18) lack the legal capacity to give consent, which means any sexual touching by an adult with a minor is necessarily considered sexual abuse.
When Can You Sue for Sexual Abuse?
In Utah, sexual abuse or assault constitutes both a criminal offense and a civil wrongdoing. This grants sexual abuse victims the option to pursue criminal charges and/or initiate a civil lawsuit to seek financial compensation. Any individual who has suffered from sexual abuse or assault has the right to pursue either or both options.
Victims of sexual abuse can pursue a civil lawsuit regardless of whether the perpetrator faced criminal charges or a conviction. In fact, victims can bring a civil lawsuit even if they never reported the abuse to the police and even if they never told anyone about it.
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
A more effective strategy often involves holding third parties accountable for negligence related to the abuse. Entities such as schools, youth organizations, churches, and gyms can be liable if their negligence enabled the abuse to occur or continue. Additionally, these parties may be held responsible if they attempted to conceal incidents of abuse after becoming aware of them.
But as we talk abot in just a moment, while there is no statute of limitations for bringing a lawsuit against the perpetrator of sexual abuse in Utah, there are unreasonably strict time constraints when pursuing claims against third parties.So the statute of limitations is the most commone barrier our lawyers see to to legal action against third parties.
Utah Statute of Limitation for Sex Abuse Lawsuits
Under Utah law, victims of child sexual abuse can bring a civil lawsuit against the individual perpetrator at any time and there is no statute of limitation deadline. For sex abuse lawsuits against third parties (e.g., schools, churches, etc.), however, Utah has a fairly strict statute of limitation.
Victims must file sex abuse lawsuits against third parties by their 22nd birthday (age of majority plus 4 years). Utah Code § 78B-2-308. This is one of the most restrictive deadlines to file a sex abuse lawsuit in the country against a third party defendant. We all know why Utah is so strict. The LDS has plenty of lobbyists and the money to stop a more reasonable statute of limitations in its tracks.
Utah does have a 4-year discovery rule that allows victims of child sexual abuse to file civil lawsuits 4 years after they “reasonably discover” the facts relating to the sexual abuse. However, the Utah appellate courts have interpreted this very narrowly and it only applies in cases where there is evidence of totally repressed memories. Colosimo v. Roman Catholic Bishop, 156 P.3d 806, 812 (Utah 2007)
Utah Supreme Court Narrows Discovery Rule
In Colosimo v. Roman Catholic Bishop of Salt Lake City, the Utah Supreme Court took a narrow approach to the discovery rule, contrasting with how other states apply this rule more liberally in sexual abuse cases. Many states have adopted a more flexible interpretation of the discovery rule to accommodate the unique nature of childhood sexual abuse, where victims often do not fully comprehend or remember the abuse until years later.
In states with a more liberal view, courts tend to allow the discovery rule to extend the statute of limitations not only when the victim was unaware of the abuse due to repressed memories, but also when they later understand the full impact of the abuse. For example, in states like California, New York, or New Jersey, courts have given more leeway to victims who, while remembering the abuse, might only later link it to the psychological harm or emotional trauma they suffer in adulthood.
These courts recognize that victims often struggle with repression or denial, and it might take years for them to associate the abuse with its lasting consequences—such as anxiety, depression, or relationship difficulties—especially if they were minors when the abuse occurred. This more lenient approach gives victims the chance to file lawsuits long after the abuse took place, when they’ve realized the true extent of the harm caused.
However, the Utah Supreme Court in Colosimo ruled that the discovery rule applies only if the plaintiff was truly unaware of the abuse itself, such as through repressed memories. The court explicitly rejected the argument that the statute of limitations should be extended when a plaintiff was aware of the abuse but later understood its psychological impact. Essentially, Utah’s narrow interpretation means that if a victim recalls the abuse but fails to immediately recognize its effects, they cannot use the discovery rule to bring a claim later.
Mormon Church Sex Abuse Lawsuits
The Mormon Church (Church of Jesus Christ of Latter-Day Saints) has recently faced a growing tide of sexual abuse lawsuits in Utah and across the country. These lawsuits allege that individuals within the church, including clergy and other church leaders, have committed sexual abuse and that the church negligently failed to protect the victims and/or covered up the abuse to protect its image. The LDS Church has paid billions in settlement compensation to victims of sexual abuse.
Utah Detention Center Sex Abuse Lawsuits
In 2024, a former resident filed a lawsuit against Elevations RTC and one of its therapists, alleging that the facility unlawfully detained him against his mother’s wishes and subjected him to mistreatment and neglect. This case is among several legal actions highlighting systemic issues within Utah’s juvenile detention system. Other incidents include a 2020 case where a staff member at Elevations RTC was terminated following an investigation into the physical restraint of a student, which resulted in the student’s head being struck against the ground. Additionally, in 2014, the Utah Department of Human Services documented claims from students regarding unwarranted restraints and belittlement by staff at the same facility.
Possible Juvenile Detention Center Defendants
Potential defendants in these lawsuits encompass a range of entities and individuals. The State of Utah, through its Division of Juvenile Justice Services, may be implicated due to its oversight responsibilities of juvenile facilities. Specific institutions, such as Island View and Elevations RTC, are often named directly in legal actions. Individual staff members accused of direct involvement in abusive practices, as well as supervisory personnel who may have failed to prevent or address such misconduct, can also be defendants. Furthermore, associated organizations or contractors providing services within these centers might be implicated, depending on their roles and responsibilities.
Utah operates several juvenile detention centers under the Division of Juvenile Justice and Youth Services (JJYS). These facilities provide secure confinement for youth awaiting court proceedings or serving sentences:
- Cache Valley Youth Center: Serving the Cache Valley area.
- Central Utah Youth Center: Located in Richfield, providing services to central Utah.
- Split Mountain Youth Center: Serving the Uintah Basin region.
- Southwest Utah Youth Center: Located in Cedar City, catering to the southwest region.
- Slate Canyon Youth Center: Situated in Provo, serving Utah County.
- Wasatch Youth Center: Near Salt Lake City, serving the surrounding areas.
All are potential defendants in a juvenile detention center sex abuse lawsuit.
Dr. David Broadbent Sexual Assault Lawsuit
Dr. Broadbent practiced near Brigham Young University in Provo, Utah. Many victims were young women visiting an OB-GYN for the first time. For instance, one young woman, who was 18 or 19 at the time, recalled feeling violated during her examination. Similarly, a former BYU student realized the misconduct after moving out of state and experiencing standard medical practices elsewhere. She realized that it was not her—it was Dr. Broadbent.
Our lawyers are reviewing these claims.
Settlement Value of Utah Sex Abuse Lawsuits
In sexual abuse lawsuits, victims can pursue compensation for both economic and non-economic damages. Economic damages are the tangible, financial losses suffered by the victim, while non-economic damages refer to the emotional and psychological harm caused by the abuse.
- Economic Damages: These typically include medical expenses, therapy costs, lost wages, and loss of future earning capacity. If a victim requires ongoing treatment or counseling, those future costs can also be factored into the damages awarded. In cases where the abuse has resulted in physical injury, the medical expenses associated with treatment can be significant.
- Non-Economic Damages: These encompass the more intangible aspects of harm, such as pain and suffering, emotional distress, and loss of enjoyment of life. Non-economic damages can often exceed the value of economic damages, particularly in cases where the victim suffers from severe psychological trauma, such as PTSD, depression, or anxiety. Utah courts have historically recognized the profound impact sexual abuse can have on a person’s mental health and have awarded significant compensation to account for these losses. Unless there is a large punitive damage award, this is invariably the biggest element of damages in most sex abuse lawsuits.
- Punitive Damages: In certain cases, Utah law allows victims to seek punitive damages against the perpetrator or third-party defendants. These damages are designed to punish particularly egregious conduct and to deter similar behavior in the future. Punitive damages are more likely to be awarded in cases where a third party, such as a school or church, knew about the abuse yet failed to take action to prevent it. If you have a legitimate threat of punitive damages hanging over a defendant’s head, you see much higher settlement payouts.
Keep in mind, this is a civil lawsuit, not a criminal trial requiring proof “beyond a reasonable doubt.” Civil lawsuits in Utah operate under a preponderance of evidence standard. So the plaintiff only needs to prove that it is more likely than not that the abuse and these damages occurred, making it easier for victims to achieve a favorable outcome in a civil trial even if the abuser was not convicted in a criminal case.
Utah Sex Abuse Verdicts and Settlements
Examining previous childhood sexual abuse cases in Utah provides a lens to the factors influencing settlement compensation. These cases highlight considerations such as the severity and duration of abuse, the impact on the victim’s life, the presence of institutional negligence, and the strength of the evidence presented. Of course, above all of those considerations is having a case that can survive Utah’s brutal sex abuse statute of limitations.
Keep in mind these examples serve as general benchmarks and,while useful to determine compensation ranges, cannot predict the settlement amount for any individual case. Each of these tragedies are unique, and there are a multitude of variables including the specific circumstances of the abuse, the jurisdiction, the parties involved, and the legal strategies employed. So while past cases absolutely can inform expectations, they should not be viewed as definitive indicators of potential settlement compensation you (or your client) might receive.
- $4,000,000 Verdict: A 7-year-old girl suffered PTSD for which she required therapeutic counseling when she was sexually molested repeatedly by a 75-year-old bishop in the Mormon Church. The girl and her mother were tenants at the defendant’s home and he allegedly sexually molested the minor while his wife and Jane Doe’s mother were away at work during the day. The bishop plead guilty to lewdness involving a child.
- $750,000 Verdict: A minor female suffered emotional distress due to a pattern of sexual molestation and rape by the male defendant, which occurred over a period of years. The plaintiff brought suit against the defendants after repressed memories were revived through the use of inner child therapy and other hypnotic-like techniques. The plaintiff contended that the defendant repeatedly raped her during that time, and that the female co-defendant, the plaintiff’s mother, should have known and taken action to stop the offenses.
- $394,500 Settlement: An 18-year-old mentally disabled male was sexually assaulted by a respiratory therapist at the defendant hospital. The plaintiff was a patient at the hospital and was taken by wheelchair by the respiratory therapist and sexually abused in a locked bathroom. The therapist had performed similar acts previously but was, incredibly, not terminated by the defendant nor were his actions supervised.
- $50,000 Settlement: A 14-year-old male suffered emotional distress when he was sexually abused by the 47-year-old male defendant. The plaintiff contended that the defendant intentionally sexually abused him, and that he had past convictions of sexual abuse of minor boys. The defendant contended that he did not intend to harm the plaintiff.
- $3,000,000 Settlement: The LDS church paid $3 million to a victim who filed a lawsuit alleging an attempted cover-up of sexual abuse
- $2.28 Billion Verdict: In 2023, a Riverside woman was awarded $2.28 billion against her stepfather for sexual abuse endured over years at church functions, allegedly with the knowledge of local church leaders and her mother. The LDS Church denied wrongdoing but settled its part of the lawsuit for $1 million. In December 2024, the woman’s mother settled for $200,000.
Contact Us About Utah Sex Abuse Lawsuits
If you were the victim of sexual abuse and want to file a sex abuse lawsuit in Utah contact us today at 800-553-8082 or contact us online.