Bringing an Arkansas Sex Abuse Lawsuit

Victims of sexual abuse assault have the right to file civil lawsuits and get financial compensation for what they went through. Arkansas has recently passed new laws making it easier for abuse victims to seek justice in the civil courts, even decades after the abuse occurred.

This post will look at the process of filing sex abuse lawsuits in Arkansas and review the applicable laws related to sex abuse civil suits. We will also discuss the average settlement value of Arkansas sex abuse cases and look at recent verdicts and settlements.

ARKANSAS SEX ABUSE LAWSUIT NEWS AND UPDATES

June 2024: The next wave of sex abuse litigation in Arkansas will likely involve many juvenile detention center lawsuits. Nine lawsuits have been filed against private contractors operating Arkansas state juvenile detention centers, accusing them of covering up child sexual abuse by staff members over the last two decades.

Four of these juvenile hall lawsuits have already alleged sexual abuse at the Arkansas Juvenile Assessment and Treatment Center (AJATC) and the Mansfield Juvenile Treatment Center. Both facilities are owned by the Arkansas Department of Youth Services under the Department of Human Services.

The lawsuits claim that private contractors, focused on maintaining profitable state contracts, ignored reports of abuse and retained the accused staff members. In five cases, the alleged abuse occurred within the last five years. One plaintiff detailed a particularly brutal incident involving physical and sexual assault by a staff member, which resulted in a broken ankle and an extended stay at the facility.

The private contractors named include Southern Arkansas Youth Services, Youth Opportunities Incorporated, G4S, GEO Group, and Rite of Passage. Investigations are hampered by a lack of records from the Department of Human Services, which reportedly does not keep records beyond a few years.

May 2024: A federal lawsuit has been filed against Pulaski County, Arkansas, and two individuals in their personal capacities. The plaintiff, a former employee of the Pulaski County Juvenile Detention Center (PCJDC), alleges wrongful termination, racial discrimination, and retaliation under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1983.

The plaintiff was hired in 2004 and promoted to Juvenile Detention Shift Supervisor in 2010. In May 2022, the plaintiff attended a meeting where they observed a video on a superior’s computer depicting the superior sexually assaulting a juvenile. When questioned about the incident, the superior admitted to inappropriate behavior. The plaintiff reported the misconduct to PCJDC supervisory staff within a couple of days.

Despite the report, incredibly, the superior remained in his position, and in June 2022, the superior continued to commit acts of sexual abuse. The Arkansas State Police Crimes Against Children Division began an investigation in late June, leading to the superior being placed on administrative leave in July 2022. (They took their sweet time. My goodness, those children have strong detention center sex abuse lawsuits.)

In July 2022, the superior was investigated by the Pulaski County Sheriff’s Office, with several individuals, including the plaintiff, providing statements about the superior’s misconduct. The investigation concluded with probable cause for arrest, and the superior was arrested in January 2023.

So finally everyone sees the light, right? He is the hero. No. Eight days after the arrest, the plaintiff was terminated from their position in a brief letter, citing that they were no longer a “good fit” for the juvenile hall. This termination followed an incident involving a violent juvenile, which was handled in accordance with the facility’s practices.

The plaintiff alleges, convincingly if these allegations are true, that their termination was retaliatory, resulting from their reporting of the superior’s sexual misconduct.

The plaintiff is seeking damages for lost wages and emotional distress, reinstatement to their former position, an injunction to prevent further discriminatory practices by Pulaski County, and punitive damages.

April 2024: An Arkansas Board of Corrections member is facing calls to resign amid allegations of covering up child sexual abuse for decades. Alonza Jiles, appointed to the board in 2022, previously served as director of the Lord’s Ranch, a facility, as you likely know, is under intense scrutiny for child sexual abuse allegations.

Jiles has filed a motion to dismiss the lawsuits, arguing that the extended look-back period allowed under the Justice for Vulnerable Victims Act is unconstitutional. This law extends the timeframe for child sexual abuse victims to file civil lawsuits.

March 2024: An Arkansas federal court decided that a school’s insurance policy does not cover claims against an assistant principal accused of long-term sexual abuse, which was reported multiple times.

This case involved a former student who claimed the assistant principal abused her over more than three years. Despite multiple reports from school employees and the student’s grandfather to the principal, the abuse horrifically continued. The assistant principal had also admitted guilt in a related criminal case involving three minor victims. Just insanity.

The school had an employment practices liability insurance policy, but the insurer refused to cover the claims due to a clause that excludes coverage for incidents the insured knew or should have known about before the policy started. The court agreed with the insurer, stating that the abuse reports and the assistant principal’s conviction showed the school had prior knowledge of the risks but did not inform the insurance company when the policy began.

The court’s ruling meant that the insurance policy did not cover the lawsuit’s claims against the assistant principal, the principal, or the school district. The court’s decision focused on the policy’s specific exclusion for prior known incidents and concluded that, because the abuse was intentional, the abuser and the school officials had prior knowledge of the misconduct, thus barring coverage. So the school is on its own.

February 2024: A new lawsuit was recently filed alleging that 8 teens were sexually abused by staff members at Timber Ridge Ranch, a youth residential facility in Benton. The lawsuit claims that staff at the facility touched the teens inappropriately, forcibly penetrated them with their fingers, and forced them to perform manual labor. When the abuse was reported, the teens were punished.

January 2024: A federal lawsuit filed alleges repeated sexual and physical abuse of children at The Lord’s Ranch, a residential treatment facility in Northeast Arkansas that closed in 2016. The plaintiffs, eight former residents who were reportedly abused as boys, are the first of over 30 clients expected to file similar suits. The facility, which operated from 1976 to 2016, was owned by Ted Suhl, who was convicted of bribery in 2016. Suhl’s sentence was commuted by former President Donald Trump in 2019.

The lawsuit, filed federal court in the Eastern District of Arkansas, details numerous incidents of sexual abuse by Emmett Presley, the camp’s director of social services. It claims that the camp’s leadership, including Suhl, was aware of the ongoing abuse but did nothing to stop it. Residents who reported abuse faced threats and intimidation to keep them silent. The plaintiffs’ lawyers highlighted the systemic and widespread nature of the abuse, which included sexual abuse, extreme physical violence, and psychological manipulation.

The plaintiffs are suing for negligent supervision and retention, sexual battery, Title IX violations, and under the Trafficking Victims Protection Reauthorization Act. They seek punitive damages to deter similar abuse in the future. The lawsuits are being filed now due to the Justice for Vulnerable Victims of Sexual Abuse Act, which allows adult survivors of childhood sexual abuse to file civil claims within a specified period.

How is Sex Abuse Defined in Arkansas?

Under Arkansas 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 Arkansas: (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.

New Arkansas Sex Abuse Laws

Arkansas has new sex abuse laws that offer a path for victims to seek redress and hold perpetrators accountable, potentially leading to broader social and legal changes that protect vulnerable individuals from abuse.

Justice for Vulnerable Victims of Sexual Abuse Act (2021)

Introduction and Purpose: In 2021, Arkansas passed the Justice for Vulnerable Victims of Sexual Abuse Act, which was a significant step towards providing justice for victims of sexual abuse whose claims had previously expired due to statutes of limitations.
Key Provisions: The act introduced a 2-year revival window, allowing these victims to file lawsuits against all types of defendants, regardless of when the abuse occurred. This window was initially set to be open from February 1, 2022, until January 31, 2024.
Scope: The act covers a wide range of offenses, including Child Sexual Abuse (CSA), Child Sexual Abuse Material (CSAM), trafficking offenses, and the abuse of disabled adults. By doing so, it acknowledges and addresses the various forms of abuse that vulnerable individuals may face and provides a legal pathway for seeking justice against perpetrators.
Legislation Reference: This act is codified in the Arkansas Code Annotated § 16-118-118 and was established by the 2021 Arkansas Acts 1036 (Senate Bill 676).

This law garnered near-unanimous bipartisan support. Arkansas lawmakers now seem committed to addressing the state’s pressing issue of childhood sexual abuse — with Arkansas reported to have the highest rate of such abuse in the country.

Amendment to the Justice for Vulnerable Victims of Sexual Abuse Act (2023)

Amendment and Extension: In 2023, the act was amended to extend the revival window for filing claims. Initially set to close at the end of January 2024, the window has now been extended until January 31, 2026. This extension provides additional time for victims to come forward and file claims that they might not have been able to file within the original timeframe.
Legislation Reference: The amendment is part of the 2023 Arkansas Acts 616 (Senate Bill 204) and modifies the same section of the Arkansas Code Annotated § 16-118-118, specifically extending the two-year window previously established.

The Justice for Vulnerable Victims of Sexual Abuse Act now offers a second two-year period, starting February 1, 2024, for filing claims. A vulernable person is defined as a person with a disability, a minor, or both at the time they were abused.

This extension underscores the recognition of the enduring psychological impact of childhood abuse, which often delays victims’ ability to come forward until adulthood. With more than half of child sexual abuse victims reporting their abuse after the age of 50 in the United States, this law aims to provide a much-needed pathway for healing and accountability.

The law in Arkansas enables victims of sex abuse to bring civil lawsuits and seek financial compensation. Victims can bring a civil lawsuit whether or not they reported the abuse to the police and regardless of whether the abuser was ever convicted (or even charged) with a crime for the abuse. In fact, abuse victims can sue and get compensation even if they never told anyone about what happened.

As long as the victim of the sexual abuse is willing to testify under oath about what happened, that is all that is really required to support a sexual abuse lawsuit. Additional supporting evidence can be brought in to make the case stronger. For example, medical records confirming physical indications of the abuse are often very helpful. Testimony from witnesses who saw evidence of the sexual abuse or were also sexually abused in the same situation can also be presented.

If you file a sexual abuse lawsuit in Arkansas, the case will be public record. However, you may be able to keep your name and identity confidential. The court rules allow victims in these situations to keep their name confidential and use “Jane Doe” or initials in the court filings.

Summary of the Arkansas Sex Abuse Statute of Limitation

Here is the gist of what the new law does in terms of the statute of limitation for sex abuse in Arkansas:

Extended Statute of Limitations:
- Previously, victims had until their 21st birthday or three years from discovering the abuse-related injury to file a claim.
- The new law extends this age cap to 55 years old or three years from discovery, whichever is later.
Two-Year Revival Window:
- From February 1, 2022, to January 31, 2024, adult survivors of childhood sexual abuse can file civil claims, regardless of when the abuse occurred.
- This allows for claims that were previously barred by the statute of limitations to be revived.

This is a huge change. Under previous Arkansas sexual assault statute of limitations law, childhood sexual abuse victims had only until their 21st birthday, or three years from discovering that an emotional or physical injury was the result of abuse, to take legal action.

The new law extends this age limit from 21 to 55. According to the provisions of SB676, victims who were 21 years old as of July 31, 2021, and any future abuse victims, will now have until they are 55 years old (or three years from discovery, whichever is later) to take legal action against their abuser.

Getting Money in Arkansas Sex Abuse Lawsuits

The primary and most direct defendant in a sex abuse civil lawsuit is always the person who committed the abuse. The problem is that in most cases suing the individual abuser won’t get you anything because they won’t have money to pay any verdict or settlement (unless the individual is someone very wealthy like Harvey Weinstein or Donald Trump).

The best way to get money in a civil lawsuit for sexual abuse is to sue a third party for negligence in connection with the abuse. Common examples of third parties who can be sued in sex abuse lawsuits include schools, youth organizations (e.g., Boy Scouts), gyms, etc. These parties can be held liable in a civil case if the plaintiff can show that they their negligence somehow enabled the abuse to occur or to continue. Third parties in sex abuse lawsuits can also be held liable if they attempted to cover up abuse incidents after the fact.

Let’s consider a very typical example of how third parties can be held liable for sex abuse. Let’s say that a guard at a juvenile detention facility is sexually abusing inmates. Several of these victims file complaints, but the facility basically ignores them and allows the guard to continue his abuse. The victim can file a civil lawsuit against the detention facility (or the state agency that operates it) for negligently failing to investigate and protect them from abuse.

Arkansas Sexual Abuse Verdicts & Settlements

$73,000 Settlement: The plaintiff, a female school student, suffered emotional distress when she was sexually assaulted by an employee of the West Helena school district. The plaintiff contended that the school district failed to properly hire, train, and supervise its employees and failed to prevent the physical, emotional, or sexual abuse of their students. The school district opted to settle the case.
$67,700 Settlement: A 27-year-old female dispatcher for the sheriff’s department alleged that she was sexually assaulted by the defendant sheriff. The plaintiff alleged that the defendant picked her up from a repair shop on the pretext that he would take her back to work. Instead, he took her back to his farm and attempted to sexually assault her. The plaintiff brought charges against him and made a tape of a conversation in which she confronted him about the assault. The prosecutor refused to file charges, so the plaintiff sued the county and the sheriff for the assault and for failure to have personnel policies addressing sexual assault. The county settled for $2,500. The $67,700 award included $12,700 for attorney’s fees and $40,000 for punitive damages.
$342,465 Verdict: A 28-year-old female claimed that during her treatment for marital and emotional problems, which included a history of sexual abuse as a child, the defendant psychiatrist made sexual advances toward her. Two days later, the plaintiff attempted suicide. Encouraged by her husband and the defendant, the plaintiff returned for therapy and in a short time the defendant gained the plaintiff’s trust and persuaded her to have sex with him on several occasions.
$40,000 Settlement: The plaintiff was a teacher at a middle school. She alleged that she was sexually assaulted by the defendant (her principal at the middle school) and that he gave her negative evaluation reports and made her resign as coach of a drill team. The defendant denied the allegations and claimed that the sexual contact was consensual. The defendant resigned and the school board eventually voted not to renew the plaintiff’s contract.
$200,000 Verdict: The female plaintiff sued the police department and a police officer claiming that the officer coerced her into having oral sex with him. The plaintiff alleged alleged that the officer had arrested her boyfriend then locked her in the back of the patrol car and drove her to a deserted spot where he forced her to perform oral sex.
$150,000 Verdict: A 38-year-old male quadriplegic was raped by a male orderly in the defendant’s nursing home. The plaintiff contended that the defendant nursing home was negligent for hiring the orderly because they did not perform a background check. The orderly had felony convictions on his record, and none of the jobs that he had listed on his employment application were valid. The orderly eventually confessed, plead guilty at a criminal hearing, and was sentenced to 10-years in the state penitentiary. The defendant nursing home claimed it was not negligent in its hiring. The plaintiff hired a sexual assault lawyer to file a lawsuit alleging negligent hiring. The defendant nursing home called the orderly as a witness, who came from the penitentiary to testify that his confession was coerced and that he was not guilty. The defendant then alternately contended that the plaintiff consented to the sodomy. Just an absolute mess. The jury awarded $150,000, which included $50,000 in compensatory damages and $100,000 in punitive damages.

Talk to a Sex Abuse Lawyer

If you have a potential lawsuit in Arkansas for sexual abuse or assault, contact our attorneys today at 800-553-8082 or contact us online.