Lawsuit Information Center
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 Delaware. We will explain the applicable statute of limitations for sex abuse civil cases in Delaware and the potential settlement value of these cases.
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If you or someone you love was a victim of child sex abuse in Delaware, you may still have a path to justice—no matter how long ago the abuse occurred. The law is on your side, and survivors are no longer willing to be silenced. Contact us today at 800-553-8082 or reach out to us online.
What Is Considered Sexual Abuse in Delaware?
Delaware law is clear: sexual abuse is any intentional sexual touching or contact without consent, done for sexual gratification, arousal, or to humiliate the victim. In civil cases, sexual abuse or assault is often referred to as sexual battery, and it can encompass a range of misconduct—from unwanted groping to rape.
The law recognizes two key elements in defining sexual abuse:
- Intentional Sexual Contact: To qualify as abuse, the touching must be intentional. If someone accidentally brushes against another person in a crowded space, there is no intent, and it does not meet the legal threshold for sexual abuse.
- Lack of Consent: Any sexual contact must be mutually consensual. Delaware law explicitly states that minors under 18 cannot legally give consent to sexual contact with an adult. This means that any sexual contact between an adult and a minor is automatically classified as sexual battery, regardless of whether the minor was a willing participant.
For example, if a teacher engages in a sexual relationship with a 16-year-old student, that is sexual abuse under Delaware law. Even if the student believes the relationship is consensual, the law does not recognize minors as having the legal capacity to consent to sexual contact with an adult in a position of authority.
When Can Abuse Victims Sue?
The abuser is always the primary defendant in any sexual abuse lawsuit. But from a practical standpoint, suing the abuser alone is often meaningless. Many perpetrators lack the financial resources to pay for a settlement or jury award, and in some cases, they may be deceased or incarcerated. Civil lawsuits only make sense against individual abusers if they have significant assets.
The real path to justice—and financial recovery—for survivors often lies in holding institutions accountable. Schools, churches, youth organizations, corporations, and other entities that failed to prevent abuse or actively covered it up can and should be sued. Under Delaware law, these third-party defendants can be held liable if their negligence created the conditions that allowed the abuse to occur or continue.
One important distinction in civil sex abuse cases is the lower burden of proof compared to criminal trials. While prosecutors must prove guilt “beyond a reasonable doubt” in criminal court, civil plaintiffs only need to show that it is “more likely than not” that the abuse occurred. This means even if an abuser escapes criminal conviction, they can still be held accountable in a civil lawsuit.
Delaware Sex Abuse Lawsuit Frequently Asked Questions
What Happened in This Delaware Sex Abuse Case?
Who is Liable in a Childhood Sexual Abuse Case?
In Delaware, both individuals and institutions can be held responsible for enabling or failing to prevent sexual abuse. The perpetrator can face both criminal charges and civil liability. Schools, school districts, and religious institutions can be sued if they failed to properly investigate, report, or prevent abuse. Other organizations, such as foster care agencies, residential treatment centers, and youth programs, may also be liable if abuse occurred under their supervision. Survivors seeking justice can file lawsuits against these entities, even if the abuse happened years ago, due to Delaware’s strong legal protections for sex crimes victims.
What Is the Statute of Limitations on Sexual Abuse Lawsuits in Delaware?
How to File a Child Sex Abuse Lawsuit?
How Long Does a Delaware Sex Abuse Lawsuit Take?
What is the Best Jurisdiction to File a Delaware Sex Abuse Lawsuit?
Delaware is one of the strongest states for plaintiffs in sexual abuse lawsuits, largely because it has eliminated the statute of limitations for childhood sexual abuse claims. This means survivors can come forward whenever they are ready—whether the abuse happened five years ago or fifty—and still have the right to seek justice.
Courts in New Castle County, particularly in Wilmington, tend to be the most favorable to plaintiffs, given their history of handling institutional abuse cases, and more importantly, the demographics. Many lawsuits against religious organizations, private schools, and youth programs have been filed here, leading to significant legal victories for survivors. Wilmington courts have seen high-profile clergy sexual abuse lawsuits, many of which have resulted in institutions being held accountable for years of cover-ups and negligence. In Delaware, survivors aren’t just able to sue their abuser; they can also take legal action against the institutions that failed to protect them.
Kent County, which includes Dover, can be a strategic choice for those seeking to hold schools, foster care programs, and state-run institutions accountable. Dover is home to many government agencies and state-run facilities, making it an important venue for lawsuits involving abuse within Delaware’s child welfare system, juvenile detention centers, and public schools. Lawsuits against state agencies can be challenging, often involving complex legal hurdles. Still, Delaware courts have ruled in favor of survivors in cases where state negligence played a role in ongoing abuse. Recent legal reforms have made it even harder for institutions to escape liability, closing legal loopholes that once protected them from responsibility.
For cases involving private institutions, such as residential treatment centers, boarding schools, and for-profit behavioral health facilities, Sussex County, particularly in Georgetown, can be a strong jurisdiction. These cases often involve patterns of neglect, failures to report abuse, or intentional cover-ups, and Sussex County courts have shown a willingness to hold corporate defendants accountable when their inaction led to abuse. Across Delaware, the legal system strongly favors survivors over the institutions that ignored or enabled their abuse.
Holding Third Parties Liable for Sexual Abuse in Delaware
When institutions turn a blind eye to abuse, they must be held accountable. Survivors deserve justice—not just from their abusers but also from the organizations that failed to protect them. That is why civil lawsuits often target third-party defendants that enabled or concealed sexual abuse.
Under Delaware law, organizations such as schools, religious institutions, youth programs, sports leagues, and corporations can be sued for negligence if they allowed sexual abuse to occur. These institutions have a legal duty to provide a safe environment, and when they fail in that duty, they can be held liable.
To hold a third party responsible, a plaintiff must demonstrate that the institution:
- Knew or should have known about the risk of abuse—such as prior complaints, warning signs, or failure to conduct proper background checks.
- Failed to take reasonable steps to prevent the abuse—such as ignoring reports, inadequate supervision, or allowing known offenders continued access to children.
- Engaged in a cover-up—such as failing to report allegations, intimidating victims, or quietly transferring abusers to avoid scrutiny.
Institutions that knowingly shield predators from consequences must be held responsible. If you or a loved one has been affected by sexual abuse, you may have legal options beyond the individual abuser—justice should extend to those who allowed it to happen.
Delaware 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 Delaware juvenile detention facilities frequently sexually abuse vulnerable inmates through force and coercion. It has also become clear that the state of Delaware has ignored the situation and negligently enabled children to be victimized at its facilities.
A growing number of individuals who were sexually abused at Delaware 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. There are two primary juvenile detention centers in Delaware, both of which have been the site of sexual abuse of inmates:
- New Castle County Detention Center – Wilmington, DE
- Stevenson House Detention Center – Milford, DE
Delaware Statute of Limitations for Sex Abuse Lawsuits
Delaware has one of the most survivor-friendly statute of limitations (SOL) laws for child sexual abuse cases in the country. Recognizing that many victims of child sex abuse do not come forward until decades later, Delaware took a significant step in 2007 by eliminating the statute of limitations for civil lawsuits involving child sex abuse.
Under Delaware Code, Title 10, § 8145, survivors of childhood sexual abuse can file lawsuits against their abuser at any time—there is no expiration date for claims. This law also opened a two-year revival window that allowed survivors with previously expired claims to come forward and seek justice. Many states are only now catching up to what Delaware recognized in 2007: survivors should not be shut out of the legal system simply because they needed time to process their trauma.
Why This Change Matters for Survivors
The elimination of the civil statute of limitations for childhood sexual abuse reflects a growing recognition that trauma often prevents victims from coming forward until later in life. Studies show that the average age of disclosure for child sex abuse survivors is well into adulthood, often in their 40s or 50s. The 2007 reform ensures that survivors in Delaware are not bound by arbitrary deadlines when they decide to pursue justice.
Limitations for Claims Against Institutions
While Delaware’s 2007 reform was groundbreaking, it included a major caveat: the elimination of the SOL only applies to claims against the perpetrator. Holding third-party institutions accountable—such as churches, schools, and youth organizations—is much harder because Delaware law sets a higher standard of proof.
Under Delaware Code § 8145(b), survivors seeking to sue institutions must prove gross negligence, rather than ordinary negligence. This is a much higher legal standard, requiring clear and convincing evidence that the institution acted with reckless disregard for the safety of children.
While gross negligence can be difficult to prove, it is far from impossible. Many of these organizations knowingly allowed predators to continue abusing children despite multiple red flags. If a school, church, or youth program had prior complaints about an abuser and failed to act, that is gross negligence. Survivors with strong evidence of institutional failure can and should pursue claims against these entities.
Other Key Statutes That May Impact Claims
- Criminal SOL for Child Sex Abuse: In addition to eliminating the civil statute of limitations, Delaware has also removed the criminal statute of limitations for prosecuting child sex abuse, meaning perpetrators can be charged at any time.
- Mandatory Reporting Laws: Under Delaware’s mandatory reporting statute, professionals such as teachers, clergy members, and healthcare providers are required to report suspected child abuse. Failure to do so can lead to legal consequences.
- Sexual Abuse in Institutional Settings: Lawsuits against institutions may also invoke Delaware’s child endangerment statutes, which criminalize conduct that places children at risk.
Survivors of childhood sexual abuse in Delaware have more legal options than ever before, but there is still work to be done. The state has been a leader in extending statutes of limitations for abuse cases, but institutions continue to escape liability far too often. The legal landscape surrounding sex abuse litigation is constantly evolving, and plaintiffs’ lawyers are pushing for further reforms to hold powerful organizations accountable.
Delaware Sex Abuse Settlements and Verdicts
Below are summaries of verdicts and settlements in Delaware sexual abuse lawsuits.
- $77,400,000 Settlement: In a massive settlement, the Catholic Diocese of Wilmington created a $77 million settlement fund to compensate a group of around 150 victims who claimed that they were sexually abused by priests. Each victim received compensation of around $500,000. The settlement occurred within the chapter 11 bankruptcy filed by the diocese.
- $1,500,000 Settlement: The Diocese of Wilmington settled a claim by the single victim who alleged that he was sexually abused by Rev. Edward Carley, a known pedophile who was credibly accused of abusing numerous children while assigned to St. Ann’s Church in Wilmington.
- $850,000 Verdict: 17-year-old male employed by defendants Jeffrey Bruette, 49 years old, and Brian Kuehn, 33 years old, owners and operators of defendant online retailer Great Stuff Inc., claimed he suffered extreme emotional distress after he was provided with alcohol and drugs, and was thereafter sexually molested by Bruette and Kuehn on multiple occasions. The jury awarded $50,000 in compensatory damages against Kuehn, $30,000 in compensatory damages against Bruette, $200,000 in punitive damages against Kuehn, and $200,000 in punitive damages against Bruette.
- $68,000 Settlement: A 12-year-old male suffered emotional distress when he was sexually molested by a nonparty priest at his church, under the supervision and direction of the defendant diocese. The plaintiff contended that he was forced to engage in sexual conduct with the priest, that the defendant had knowledge of similar past activities engaged in by the priest, that it failed to warn the public of his sexual deviancy, and breached its duty of care to the minor plaintiff.
- $450,000 Settlement: A man who went on to become a doctor in the Navy alleged that he was sexually abused as a child by Reverend Edward Smith at Archmere Academy in Wilmington. The Diocese agreed to pay $450,000 to settle the claim.
Delaware Sex Abuse News and Updates
The legal landscape for sexual abuse litigation in Delaware is constantly evolving, with new lawsuits, legislative changes, and court rulings shaping the fight for justice. Recent cases have challenged institutions that failed to protect survivors, while efforts to reform statutes of limitations continue to gain momentum. As legal strategies shift and new evidence comes to light, the battle for accountability remains ongoing.
Below are the most recent updates on Delaware sex abuse cases, settlements, and key legal developments in 2025.
Teacher Charged with Grooming Student via Discord App
March 7, 2025: A Delaware middle school teacher, David L. Di Filippo, has been charged with six felonies for allegedly grooming a 13-year-old student using the Discord app, a platform that has increasingly been linked to cases of child exploitation. According to investigators, Di Filippo’s digital interactions were unmistakably predatory, involving sexually suggestive comments, inappropriate physical contact, and repeated attempts to engage the victim in private, unmonitored interactions—both online and inside the school itself.
Court records reveal months of digital evidence, including explicit conversations where Di Filippo allegedly flirted with, manipulated, and attempted to normalize inappropriate contact with the student. He tried to erase his Discord account when he realized he was under investigation. Police subpoenaed the platform and retrieved the full conversation history—including disturbing exchanges that clearly indicated a calculated effort to groom the child for sexual abuse.
Despite the gravity of these allegations, the Christina School District has refused to issue a public statement, leaving parents and students in the dark about how one of their teachers was allowed to prey on a child right under their noses. This kind of institutional silence is infuriating—how many times do we have to see schools bury their heads in the sand while predators roam freely in their hallways?
Here’s a rule of thumb that should not be up for debate: No teacher should have private, unmonitored digital access to a student. Ever. If a school is not actively working to prevent abuse, then it is passively allowing it to happen. Yet, time and again, school administrators choose silence over accountability, sweeping cases like this under the rug until the headlines force their hand.
Lyft Driver Assault Lawsuit Highlights Safety Failures
December 17, 2024: In a new lawsuit filed in Delaware Superior Court, a Pennsylvania woman has sued Lyft, Inc. and a Delaware resident following a violent assault that occurred during her employment as a Lyft driver.
The plaintiff alleges that on September 26, 2022, while operating a Lyft ride in Dover, Delaware, she picked up the defendant passenger who was not the authorized rider. During the trip, the man allegedly became aggressive, prompting the plaintiff to attempt to use Lyft’s in-app emergency feature for assistance. The lawsuit claims the app failed to provide timely emergency support. The plaintiff asserts that after entering a Wawa parking lot, the man violently grabbed her from behind, physically assaulting her before damaging her vehicle, fleeing the scene, and subsequently being arrested and criminally charged.
The plaintiff alleges that Lyft’s negligence contributed to her injuries, including physical harm, emotional trauma, and financial losses. Specifically, the complaint highlights Lyft’s failure to provide adequate training, functional emergency safety features, and timely support to drivers in dangerous situations. Additionally, the plaintiff claims damages under Delaware’s Workers’ Compensation Act, asserting that Lyft failed to provide appropriate benefits following the incident.
The lawsuit also includes a negligence and intentional tort claim against the perpetrator for sexual assault, which resulted in permanent injuries and ongoing medical expenses. The plaintiff seeks compensatory and punitive damages, as well as interest and legal costs, and demands a jury trial.
The man accused of sexual assault has not filed an answer to the lawsuit and the plaintiff is seeking a default judgment. Lyft has filed a motion to dismiss. The court has yet to rule.
Foster Care Negligence Lawsuit Advances
November 18, 2024: Suffolk County’s Department of Social Services (DSS) assumed legal custody of a child as a toddler and placed her in a series of foster homes where she suffered abuse. While still a minor, she gave birth to a child. She sued the county for negligence in not looking after her. The Supreme Court denied the County’s motion to dismiss her negligence claim, allowing her to seek compensatory damages.
The Second Department affirmed the decision, ruling that a municipal agency owes a special duty to a foster child upon taking legal custody. So the rule is that when a plaintiff brings a claim for damages related to harm suffered as a foster child and provides sufficient evidence that the municipal agency assumed legal custody, no further proof is required to establish the special duty.
Residential Treatment Facilities Under Scrutiny
October 18, 2024: Sex abuse lawyers in Delaware are increasingly turning their attention to cases of abuse and neglect in residential treatment facilities across the state. These lawsuits are fueled by findings from federal investigations, including those led by Congress, that have exposed pervasive misconduct in facilities funded by public programs like Medicaid and child welfare services.
In Delaware, several facilities operated by prominent organizations such as Universal Health Services (UHS), Acadia, and Devereux have faced scrutiny for allegations of abuse and neglect. These companies operate nationally and have a documented history of complaints and investigations extending to their Delaware operations.
Key Delaware Facilities Under Scrutiny
- Rockford Center (UHS) – Newark
A psychiatric hospital owned by Universal Health Services, Rockford Center has faced criticism for issues common to UHS facilities, including allegations of inadequate staffing, which is often a precursor to sex abuse allegations. There are nationwide reports of misconduct at UHS-operated facilities. - MeadowWood Behavioral Health Hospital (Acadia Healthcare) – New Castle
Part of Acadia Healthcare’s network, MeadowWood Behavioral Health Hospital provides mental health and addiction services. Acadia is also the subject of nationwide scrutiny.
Additional Delaware Facilities That Could Draw Scrutiny
- Connections Community Support Programs – Dover
- Dover Behavioral Health System – Dover
- Aquila Behavioral Health – Wilmington
- Brandywine Counseling & Community Services – Newark
- Mid-Atlantic Behavioral Health – Newark
Fire Company Faces Lawsuit Over Deputy Chief’s Misconduct
August 16, 2024: In a new lawsuit filed yesterday in Delaware Superior Court, a family has sued the Belvedere Volunteer Fire Company, its Board of Directors, and several individuals over allegations of negligence and misconduct. The lawsuit claims that the defendants failed to prevent and properly address misconduct by the Deputy Chief who is not in jail.
There was a Mill Creek Fire Company Junior Membership Program. The then 15-year-old plaintiff joined the program. The Deputy Chief allegedly raped her, among other awful things. The fire company is being sued because, if the complaint is correct, it had a long history of sexual abuse and violence that everyone was fully aware of.
So the sex abuse lawsuit asserts that despite prior warnings about the individual’s awful behavior, the fire company and its leadership allowed him to remain in his role, enabling the alleged misconduct. The family brings claims for negligent hiring, retention, and supervision, negligent entrustment, and gross negligence, seeking compensatory and punitive damages for the harm caused.
Court Denies Academy’s Motion to Dismiss Abuse Lawsuit
June 24, 2024: A court partially denied Lawrence Woodmere Academy’s motion to dismiss a lawsuit alleging sexual abuse by teacher Robert Daly from 2009 to 2012. The court ruled the academy failed to prove it had no constructive notice of Daly’s actions or that its supervision of Daly and the plaintiff was adequate. Despite Daly’s status as a new teacher, he was allowed to interact with and touch the plaintiff over three years excessively. However, the court dismissed the claim based on negligent hiring.
Catholic Order Faces Abuse Allegations
June 15, 2024: A woman from Maryland’s eastern shore recently filed a lawsuit against Oblates of St. Francis de Sales, a Catholic order in Delaware. The lawsuit claims that she was sexually abused as a child by members of the order.
Maryland AG Expands Abuse Investigation to Delaware
March 2, 2024: The Maryland Attorney General has expanded its investigation of child sexual abuse beyond its borders to neighboring jurisdictions. The AG’s office is now seeking testimony from child sexual abuse victims who were abused by clergy in the catholic diocese of Wilmington, Delaware.
Contact Us About Delaware Sex Abuse Lawsuits
If you were the victim of sexual abuse and want to file a sex abuse lawsuit in Delaware, contact us today at 800-553-8082 or reach out to us online.