Washington Sex Abuse Lawsuits

If you were the victim of sexual abuse or assault, either as a child or an adult, you have the right to bring a civil lawsuit against both your abuser and any school, company, or organization that might be liable for the abuse.

In this post, we will provide a brief overview of sexual abuse lawsuits in Washington. We will look at the Washington statute of limitations for sex abuse civil cases and the potential settlement value of these cases.

Our lawyers also discuss how a new proposed law in Washington could make it much easier for child sex abuse victims to bring lawsuits. If you have a Washington sex abuse case, contact us today for a free consultation at 800-553-8082.

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Washington Sex Abuse Lawsuit Updates:

November 20, 2024:  The Washington State Supreme Court is grappling with a convoluted argument from the state of Washington and other defendants in a case involving a survivor of sexual abuse.

The state argues that the plaintiff must file separate claims for abuse that occurred before and after she turned 18, even though the abuse stemmed from the same grooming by her college basketball coach at Yakima Valley Community College.The defendants insist that abuse occurring after her 18th birthday is not covered by the extended statute of limitations for childhood sexual abuse, which they argue effectively leaves her adult claims time-barred. But this line of reasoning seems to deny the obvious reality of how abuse operates.

The state’s position highlights the dissonance between legal technicalities and the lived experiences of survivors and it seems unlikely the court will buy it.

October 10, 2024: GuideOne Insurance has filed a lawsuit against a church in Washington state, arguing that it is not obligated to cover a $3.75 million judgment linked to claims that the church failed to protect a woman from being sexually assaulted by a church deacon when she was 16. The insurer claims that the church did not notify them of the lawsuit until almost a year after it was filed, which was outside of the policy’s required notice period. Additionally, the insurer argues that the alleged incidents occurred decades before the church was insured by GuideOne.

October 4, 2024: Our lawyers are looking into sex abuse claims involving the Healing Lodge of the Seven Nations treatment facility.

August 6, 2024:  A federal judge in Washington granted summary judgment in a case where the insurer sought to avoid defending or indemnifying its insured against claims of sexual abuse.

The court ruled that the allegations—stemming from the insured’s time as a high school basketball coach—constituted intentional acts of sexual abuse, which do not qualify as “occurrences” under the relevant insurance policies. These policies typically cover accidents or unintentional acts, not deliberate actions. Furthermore, the judge applied the policy’s intentional acts exclusions, noting that in Washington, intent to injure is presumed in cases of sexual abuse.

May 29, 2024: A new child sex abuse lawsuit has been filed in the Superior Court of Washington for King County, accusing the State of Washington of negligence that led to severe abuse and neglect of a child placed in foster care.

The plaintiff, now an adult, alleges that during her time under the state’s care, she was subjected to horrific physical, sexual, and mental abuse in various foster homes. The complaint outlines several instances of abuse, including sexual assaults by foster parents and their relatives, as well as severe physical abuse and neglect by others entrusted with her care.

The lawsuit claims that the Department of Children, Youth, and Families (DCYF), along with the Department of Social and Health Services (DSHS), failed to adequately supervise, monitor, and protect the plaintiff, despite repeated disclosures of abuse.

Specific allegations include rape and physical abuse in multiple foster homes, with state social workers allegedly ignoring or inadequately responding to reports of abuse. The plaintiff’s sex abuse attorneys argue that the state’s negligence directly resulted in severe psychological and emotional harm to the plaintiff, which persists to this day.

The plaintiff seeks damages for the extensive abuse suffered due to the state’s failures, including claims for negligence and gross negligence under RCW Chapter 26.44, which mandates the investigation of child abuse reports.

March 12, 2024: Governor Jay Inslee is poised to sign a bill that removes time limits for future child sex abuse claims. But the bill does not go far enough.  Survivors are disappointed by an amendment that eliminates retroactivity.  So victims abused years ago have no ability to address past abuses. This bill disproportionately benefits institutions – who have the lobbyists to push for them.

March 4, 2024:  The State Senate has unanimously passed House Bill 1618, a significant measure aimed at addressing the consequences of childhood sexual abuse and enhancing the ability of survivors to pursue justice.

This pivotal legislation abolishes the statute of limitations for the recovery of damages resulting from childhood sexual abuse, facilitating the exposure of hidden abusers, transferring financial responsibility from victims to those at fault, and boosting awareness among the public.

Here are the key points:

• If someone was sexually abused as a child before June 6, 2024, they have three years to start a lawsuit after they realize the abuse caused them harm. But, if they were still a child (under 18), they have until they turn 18 plus three more years to make their claim.  This is better. It’s still not a great law by any stretch.
• Victims do not need to point out the exact moment they were harmed in a series of abusive events. They just need to remember when the last harmful act happened by the same person who hurt them.
• Even if a parent or guardian knew about the abuse, it doesn’t affect the child’s right to sue once they are ready. So the statute of limitations does not run because the parents allegedly knew of the abuse.
• For any sexual abuse that happens on or after June 6, 2024, there’s no deadline to sue for damages.

While we wish this legislation retroactively eliminated the sex abuse statute of limitation in Washington, this is a start.

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Defining Sexual Abuse in Washington

The legal definition of sexual abuse or assault in Washington is similar to the definition in most other states. According to Washington law, any unwanted and deliberate sexual touching or contact can be categorized as sex abuse, with the touch being deemed “sexual” when involving a person’s intimate body parts and for the purpose of sexual gratification. WAC § 478-121-150.

In practical terms, sexual abuse encompasses almost any type or level of sexual contact from groping to forcible rape. Two crucial elements must be present to meet the criteria for sexual abuse: (1) “sexual” touching and (2) absence of consent.

The first element, physical or sexual touching, requires actual contact of a sexual nature for an act to qualify as sexual abuse or assault; verbal sexual harassment alone does not meet the definition of abuse.

The second element revolves around consent. The absence of consent is the defining factor across all forms of sexual assault. Non-consensual sexual touching automatically constitutes abuse or assault. Minors, individuals under 18 years old, lack the legal capacity to provide consent. Consequently, any sexual touching by an adult involving a minor is inherently considered sexual abuse.

Civil Lawsuits for Sex Abuse in Washington

Under Washington state law, individuals who have experienced sexual abuse or assault have the option to initiate a civil lawsuit to pursue financial compensation. Keep in mind that abuse victims can pursue a civil lawsuit irrespective of whether they have filed criminal charges, and this legal recourse remains available even if the abuse was never reported or disclosed at the time it occurred.

To initiate a civil lawsuit for sexual abuse, victims are only required to be willing to provide sworn testimony regarding the details of the sexual abuse or assault. This testimony can be reinforced by additional evidence, such as medical records demonstrating physical injuries resulting from the assault. Moreover, testimony from other witnesses who can attest to the factual aspects of the case may also be presented.

While sexual abuse lawsuits become part of the public record, Washington’s civil procedure rules permit victims involved in such cases to safeguard their anonymity in publicly filed court documents. For instance, if a person named Jessica Smith files a sexual abuse lawsuit, she can be referred to as “J.S.” or Jane Doe in the legal pleadings.

Holding Third Parties Liable for Sexual Abuse

The most direct defendant in a civil lawsuit related to sexual abuse would typically be the individual who perpetrated the abuse or assault. However, suing the abuser may be pointless if that person is deceased, incarcerated, or lacks the financial means to satisfy a verdict or settlement in the lawsuit.

The key to a successful sexual abuse lawsuit lies in targeting financially viable third parties, such as schools, churches, or corporations. These entities can be held accountable if the victim can demonstrate their negligence in preventing the sexual abuse or in safeguarding the victim. They also have insurance or financial resources to pay compensation to victims.

Here is an illustrative example of how suing a third party often works. Let’s say Jane experienced sexual abuse by her high school teacher, Bob. Although Jane did not disclose the abuse, the school had received other reports and complaints about Bob’s inappropriate conduct with students, which it failed to investigate. In this case, Jane could bring a sexual abuse lawsuit against the school, alleging negligence in its failure to investigate Bob and protect Jane and other students from potential harm.

Washington Juvenile Detention Center Sex Abuse Lawsuits

Like many other states, Washington has recently faced a growing number of civil lawsuits regarding the sexual abuse of inmates at the state’s juvenile detention and correctional facilities. These lawsuits have highlighted widespread problems and rampant abuse within the Washington juvenile justice system, which is the responsibility of the Washington State Department of Children, Youth & Families (DCYF).

One of the DCYF facilities named in a recent juvenile detention abuse lawsuit has been the Green Hill School. The state recently paid over $2 million to a group of former juvenile inmates at the Green Hill School who alleged that they were sexually abused by staff members. The lawsuits accused the state of ignoring evidence of abuse.

The Echo Glen Children’s Center was also at the center of a civil lawsuit filed by a former female juvenile inmate who alleged that she was raped by a security officer at the facility. The officer pled guilty to criminal sex charges and the state agreed to pay the victim $375,000 to settle the claim.

The juvenile detention centers and reform school in Washington that have been or could be named in sex abuse lawsuits include:

• Green Hill School – Chehalis, WA
• Echo Glen Children’s Center – Snoqualmie, WA
• Sunrise Community Facility – Ephrata, WA
• Touchstone Community Facility – Olympia, WA

Sex Abuse in Residential Treatment Facilities

Victims’ lawyers are turning their focus to abuse and neglect allegations in several residential treatment facilities across Washington state. These legal actions are backed by findings from federal investigations that have highlighted significant concerns about the quality of care in taxpayer-funded facilities, particularly those receiving Medicaid and child welfare funds. Such investigations have consistently revealed patterns of misconduct, including reports of physical and sexual abuse, poor supervision, and inadequate safety measures.

In Washington, the following facilities operated by Universal Health Services (UHS) and Acadia Healthcare are under scrutiny based on their histories and recent reports:

• Fairfax Behavioral Health (Universal Health Services – UHS) – Kirkland: This facility, part of the UHS network, has faced scrutiny for concerns related to patient safety protocols and treatment practices.
• Smokey Point Behavioral Hospital (Universal Health Services – UHS) – Marysville: Another UHS-owned hospital, Smokey Point has been criticized for its patient supervision and adequacy of staff training.
• Cascade Behavioral Health (formerly Acadia Healthcare) – Tukwila: Previously operated by Acadia Healthcare, the center closed in 2023 due to challenges maintaining safety and service standards.
• Ridgefield Recovery Village (Acadia Healthcare) – Ridgefield: Specializing in substance abuse treatment, Ridgefield has received complaints about its management of vulnerable patients and the effectiveness of its programs.

These lawsuits are of course about settlement compensation for victims. But it is not only about that.  But it is not just about holding these institutions accountable for past wrongs and securing large settlements for victims. They seek to make a change in how vulnerable children are treated with taxpayer money in Washington.

Washington Statute of Limitations for Sex Abuse Civil Lawsuits

When the victim of sexual abuse is an adult, the case is subject to a general 3 year statute of limitations that begins running from the date of the last act of sexual abuse or assault. For cases involving child sexual abuse, the statute of limitations is also 3-years, but the law creates more wiggle room for when that 3-year period begins to run. For child sex abuse cases, the 3-year SOL period begins running from the later of the following 3 different points:

• 3 years from the child’s 18^th birthday (i.e., when the victim turns 21)
• 3 years from the date that the victim reasonably should have discovered that they were injured by acts of sexual abuse
• 3 years from the time that the victim understood or should have understood the nature of the abuse.

RCW § 4.16.340.

New Proposed Law Will Eliminate Statute of Limitations for Child Sex Abuse

A growing number of states across the U.S. have recently enacted new laws that have extended or completely eliminated the statute of limitations for when someone can bring a lawsuit based on childhood sexual abuse. So far, Washington has not joined this group. That could change very soon.

A new law (HB 1618) is currently being considered by the Washington State Legislature that would completely remove any statute of limitations for civil lawsuits involving sexual abuse against a child. The new law would not only get rid of the statute of limitations for child sex abuse going forward, it would also apply retroactively. This means that victims of child sexual abuse that occurred decades ago will become eligible to file civil lawsuits as soon as the new law takes effect.

What Impacts the Settlement Value of Washington Sex Abuse Lawsuits

Washington sex abuse lawsuits against third parties are evaluated for settlement based on various factors that contribute to determining an appropriate settlement amount and the likelihood of reaching an agreement among the involved parties. Some critical factors include:

• Strength of the evidence: The viability and quality of evidence supporting the victim’s claims are pivotal in gauging the potential success of the lawsuit. Solid evidence may result in a higher settlement amount, as churches and other defendants prefer to avoid significant trial verdicts.
• Severity of the abuse: The extent and nature of the abuse can impact the settlement amount. Cases involving more severe abuse may lead to larger settlements due to the heightened emotional and psychological damage experienced by the victim. The duration of the abuse is also correlated with larger settlement payouts, acknowledging that even a single incident can be profoundly traumatic.
• Damages: The victim’s incurred damages, including emotional distress, pain and suffering, medical expenses, and lost wages, significantly influence the settlement amount. Pain and suffering damages often constitute the largest portion of any settlement.
• Extent of Third Party Liability: The degree of responsibility or negligence on the part of the church, particularly in how they failed the victim, affects the settlement amount. Awareness of abuse, negligence, or attempts to conceal wrongdoing can have a substantial impact on settlement payouts.
• Reputation and Financial Resources of Third Party: The financial standing and public image of the church or third party defendant can sway the settlement amount. Established institutional defendants may be more inclined to settle for higher amounts to protect their reputation and avoid a protracted trial. Conversely, defendants lacking assets or insurance coverage pose challenges.

Washington Sex Abuse Verdicts and Settlements

How do you put a price on pain and suffering in these awful cases? When it comes to sex abuse settlements in Washington, there is no formula or predetermined equation for compensation. One of the primary factors driving the settlement value is whether the defendant has “deep pockets”—or an insurance company insuring the claim—to pay for the damages.

This means cases involving large institutions like schools, churches, or governmental agencies yield higher settlement payouts simply because they have more resources. It is not just about financial capacity, though. The severity of the abuse, the age of the victim, the length of time over which it occurred, and the emotional and physical trauma experienced by the victim all play a significant role in calculating settlement amounts.

Another key element is the strength of the evidence. Strong, clear documentation of abuse—such as witness testimonies or institutional records—can significantly drive up the value of a settlement. The age of the victim at the time of the abuse is also critical, as younger victims tend to see higher compensation because the trauma can impact them over a lifetime. Washington’s legal landscape, including caps on damages or procedural rules, can further influence outcomes. And, of course, how the victim’s story is conveyed to a jury or mediator can sway a case’s worth. Stories move people. So, while there’s no mathematical equation for valuing these cases, the factors above create a framework for achieving justice through compensation.

• $3,750,000 Settlement:  A woman was molested by a church deacon when she was 16 years old. According to the lawsuit, the church did not take adequate measures to prevent or respond to the incident, and the plaintiff was repeatedly brought back to the church despite reporting what happened. The judgment was finalized in July 2024.  The problem with this settlement, however, is the insurance company is not standing behind it.  We talk about his more in the October 10, 2024 update above.

  $3,500,000 Settlement: The plaintiff sued the state Department of Social and Health Services for negligently placing in a foster care home despite receiving several reports of suspected child abuse. The plaintiff was sex trafficked in Washington apple orchards and sexually abuse by her foster parent from age 3 to age 16.

• $1,520,000 Settlement: This case involved two male minors who suffered multiple injuries that included sexual abuse while both were in the care and custody of the defendant (Dept. of Social and Health Services) who placed them in the home where the abuse took place. The plaintiffs contended that the defendant negligently allowed the minors to be placed in an unsafe environment, that it was aware of abuse of other children placed in that home and that its lack of supervision allowed the perpetrator the opportunity and access to the plaintiffs.
• $250,000 Settlement: The plaintiff was the victim of sexual abuse inflicted on him by a a teacher at the Seattle Public School District. The plaintiff contended that the school negligently hired and supervised the teacher, failed to warn of his abnormal sexual tendencies, negligently permitted him to socialize with students after school, and that the teacher intentionally and maliciously abused him for many years with the intent to harm and without provocation.
• $1,875,000 Settlement: The plaintiff sued the State of Washington for negligently ignoring numerous reports that he and his siblings were being abused and neglected. The plaintiff was regularly sexually abuse by his father who later pled guilty to sexual abuse and he brought this lawsuit against the state for negligently failing to respond to the reports of abuse and remove him from the home.

Hiring a Washington Sex Abuse Lawyer

Our law firm handles sex abuse lawsuits in Washington and across the nation. When you hire us, we work pair ourselves with the best Washington sex abuse lawyers and pay them out of our attorney fees if you win. This means that you will not have to pay any additional contingency fees for having two law firms working on your case. Additionally, you only owe a fee if we successfully secure a settlement compensation or jury payout for you.

Call us. Get information about where you begin and what this path will look like and see if is a path you want to take with us.  You can get a free no-obligation consultation online or call us today at 800-553-8082.