Arizona Sex Abuse Lawsuit Settlements

Arizona victims of sexual abuse and assault have the legal right to pursue justice and compensation through civil lawsuits. This comprehensive guide explores the critical aspects of sex abuse lawsuits in Arizona, offering insights into how victims can hold not only the direct perpetrators but also negligent third parties accountable.

Institutions such as churches, schools, and other entities often have substantial legal responsibilities and can be pursued for compensation if their actions or inactions contributed to the abuse. This page aims to demystify the legal processes involved in these cases and shed light on the potential settlement amounts and jury payouts for victims.

Definition of Sexual Abuse in Arizona

Sexual abuse and sexual assault are defined in Arizona as any deliberate or intentional sexual touching or contact without the other individual’s consent, motivated by sexual gratification, arousal, or humiliation.

To meet the criteria of sexual abuse or “sexual battery”, two key elements must be present. First, the sexual touching must be intentional. Instances where one unintentionally touches a person’s breast or genitals, such as in a crowded elevator or while attempting to prevent a fall, lack the requisite intent to qualify as sexual battery.

The second crucial element is the absence of consent. For intentional sexual touching to be deemed sexual abuse, it must occur without consent. Under Arizona law, individuals under 18 years of age are incapable of providing consent for sexual touching. This means that any sexual interaction with a minor by an adult is automatically classified as sexual battery.

For example, if an adult engages in a sexual relationship with a 15-year-old, it constitutes sexual battery even if the 15-year-old consents willingly. Legally, the 15-year-old lacks the capacity to consent to sexual contact with the adult.

When Can Abuse Victims Sue?

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.

The person who committed the sexual assault or abuse will 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 an Arizona 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.

Suing Third Parties in Arizona Sex Abuse Lawsuits

Achieving financial restitution in sexual abuse civil lawsuits often hinges on successfully holding third-party defendants accountable. These defendants are typically institutions such as churches or large corporations with the financial capacity to compensate victims.

In sexual abuse cases, while the primary perpetrator is the direct assailant, pursuing them alone can be less effective. Often, the assailant may lack the financial resources to fulfill any awarded damages, or they may be deceased or incarcerated. Therefore, targeting a wealthy perpetrator in civil cases is only practical when the perpetrator has substantial assets.

A more viable strategy for securing compensation is to target third-party entities for their negligence related to the abuse. Institutions like schools, youth organizations, churches, and gyms are common examples. These entities can be found liable in child sexual abuse cases if it can be demonstrated that their negligence facilitated or failed to prevent the abuse. Additionally, they may be held responsible if they have attempted to conceal any incidents of abuse.

Keep in mind the legal obligations of these schools, churches, and detention centers have: they are required to maintain safe environments and exercise due diligence in preventing sexual abuse. Failure to act on prior warnings or to address inappropriate behavior by staff—child sex abusers are rarely subtle in these environments—can lead to liability for negligence. This approach not only seeks compensation but also drives institutional change, ensuring safer environments for children and vulnerable individuals.

Statute of Limitations in Arizona Sex Abuse Lawsuits

In recent years, many states across the country have passed new laws making it easier for victims of child sex abuse to file lawsuits even years after the abuse occurred. Arizona has joined in that movement, but not to the same extent as other states.

In 2019, Arizona passed new laws that significantly extended the statute of limitations for civil lawsuits involving child sexual abuse. Under this new law, victims of child sexual abuse have until their 30^th birthday to file a civil case. This applies to civil lawsuits against either the individual abuser OR institutional third parties, which is good. Ariz. Rev. Stat. Ann. § 12-514. The 2019 law also created a “look back window” for victims to file old claims that had expired under the prior law, but this was very limited and not many cases were filed. The lookback window expired in 2020.

The 2019 did give victims additional flexibility, however, by created a statutory “discovery rule” that can be used to extend the SOL past age 30 in certain cases. Under prior law, only cases involving clinically diagnosed repressed memory could benefit from the discovery rule (Doe v. Roe, 955 P.2d 951, 960-61 (Ariz. 1998)), now the discovery rule is much more generous and can be used to extend the SOL for up to 12 years.

Diocese of Tucson Bankruptcy Settlement

In 2003, the Catholic Diocese of Tucson filed bankruptcy due to the mounting tide of liability from child sexual abuse claims. In 2005, a settlement compensation agreement was finalized and approved by the bankruptcy court. Under the agreement, the Diocese paid around $22 million into a trust fund which was used to pay out compensation to a group of over 50 victims.

The victims in the settlement alleged that they were sexually abused by clergy within the Diocese dating as far back as the 1950s, and as recently as the early 2000s.

How to Calculate Settlement Amounts in a Arizona Sex Abuse Lawsuit

Talking about what should be a settlement amount in an Arizona sexual abuse lawsuit can be painful. How do you value this deeply personal and traumatic suffering? To start, the process involves carefully considering several important factors. First, we look at the severity of the abuse and its impact on the victim’s life. It always starts here. This includes both immediate physical harm and long-term emotional trauma, which might necessitate ongoing therapy or medical treatment. The details of the abuse—whether it was a one-time incident or a prolonged ordeal, and the relationship between the perpetrator and the victim—also significantly influence the settlement payout.

In cases where a third party, like a school or church, might have had a role in allowing the abuse to occur through negligence, there are more variables at play. For example, if an organization failed to act on prior warnings or neglected proper staff vetting, their accountability obviously will inflate settlement compensation.

As we touch on again in a moment, predicting the exact settlement amount can be tricky. Various elements, from the strength of the evidence to the strategy of your legal representation, play a role in shaping the final outcome. If you’re navigating this challenging path, reaching out to a skilled attorney who is familiar with sex abuse lawsuits and has handled them successfully really can make a different and give you the compassionate support and expertise needed to seek a settlement that truly reflects the justice you deserve.

Arizona Sex Abuse Settlements and Verdicts

When considering the potential settlement compensation in Arizona sexual abuse lawsuits, it is insightful to examine past cases. These examples provide a glimpse into how courts and negotiating parties have historically valued damages in sexual abuse scenarios.

But a word of caution is needed. While these example settlement payouts and jury awards offer valuable lessons on the factors influencing compensation, such as the severity of the abuse, the extent of the perpetrator’s negligence, and the impact on the victim, they are not predictive of the outcomes of future cases. Each lawsuit carries its unique circumstances and variables, making it impossible to predict exact settlement amounts. Understanding the broad range of possible outcomes, however, can equip victims and their families with realistic expectations as they pursue justice and reparation.

$1,800,000 Settlement: The Diocese of Tucson paid a group of 5 female victims $1.8 million. The victims claimed that they were sexually abused when they were students at St. Francis of Assisi Catholic School in 1999 by their teacher, Philip Gregory Spears. Spears was charged and convicted of child molestation shortly after the alleged abuse occurred.
$5,500,000 Verdict: A 19-year-old woman sued her stepfather alleging that he sexually abused her from the time she was 7 until she was 15-years-old. The defendant step-father, who was a rancher, denied commiting certain acts but took the fifth ammendment when questioned about other acts. The plaintiff’s expert psychiatrist testified that the defendant chose to molest the plaintiff of his own free will. The defendant’s expert psychologist testified that the defendant was a sick man who could not control his actions. The $5,500,000 verdict included $5,000,000 for punitive damages, and $50,000 for compensatory damages.
$150,000 Verdict: A 4-year-old boy was sexually molested by the defendant’s 16-year-old son when the son was babysitting the younger boy at his home. The victim and his parents sued the parents of the 16-year-old babysitter. The plaintiffs claimed the defendants knew or should have known of a problem with their son’s sexual behavior with young girls, and were negligent in failing to take reasonable measures to protect them. The defendants claimed they were unaware of any prior incidents of molestation involving their son.
$75,000 Settlement: A 20-year-old female hostess suffered sexual molestation and aggravation to a preexisting emotional disorder inflicted by the male codefendant, employed by the defendants. The plaintiff contended that the failed to properly hire, train, and supervise the codefendant manager and coworker of the plaintiff and that the codefendant served the plaintiff alcohol when she was a minor. The plaintiff further contended that the codefendant purposefully provided alcohol to her after hours, willfully and maliciously placed a date rape drug in the alcohol, traveled to her home while she was under the influence of the drug and raped her.
$2,000,000 Settlement: Several male plaintiffs suffered severe emotional damage after they were subjected to emotional and sexual abuse while in the care of the state-licensed defendant. The plaintiffs, minors at the time of the alleged incidents, were residents of the defendant ranch and were placed there by the state. The plaintiffs contended that they were subjected to abnormal therapy ranging from bizarre sexual acts, to beatings and brain washings. The plaintiffs asserted that the defendant State of Arizona was negligent in its failure to inspect and supervise the defendant ranch, despite its continual relicensing of the facility.
$100,000 Settlement: A 16-year-old male high school student suffered emotional distress after he was sexually assaulted by the defendant fast food restaurant’s store manager. The plaintiff contended that the defendant was negligent in hiring the manager. The defendant argued that the incident was unforeseeable and the assault was not within the scope of the manager’s employment.
$15,000,000 Settlement: The Tucson Diocese agreed to pay $15 million to settle claims brought by a group of victims who alleged that they were sexually abused by 4 priests at parishes in Yuma and Tucson between 1966 and 1989. The lawsuit claimed that the church negligently failed to act on information related to sexual abuse and assault.

Contact Us About Arizona Sex Abuse Lawsuits

Our lawyers handle sex abuse lawsuits across the country. Call our sexual abuse lawyers at 800-553-8082 for a free consultation or reach out online. We can help you.