Indiana Sex Abuse Lawsuits

Victims of sexual abuse or sexual assault have the right to file civil lawsuits and get financial compensation. Recent changes in the law are now making it easier for abuse victims to seek justice in the civil courts. This post will discuss how sex abuse victims can file civil lawsuits in Indiana and look at the potential settlement value of these cases.

Indiana Sex Abuse Lawsuit Updates

July 2024: Indiana Man Files Federal Lawsuits Alleging Sexual Assault By Corrections Officer

An Indiana man has filed a federal lawsuit alleging he was sexually assaulted by a community corrections officer. On January 10, 2018, the man reported to the deputy director of Henry County Community Corrections, where he was supposed to be fitted for an ankle monitor and provide a urine sample for a drug test after a probation violation. The lawsuit claims that during the urine test, the officer made inappropriate comments and later asked to see the man’s genitals, which the man initially refused.

According to the lawsuit, the correctional officer suggested that the man would not face consequences for the drug test if he complied with the request. The man eventually agreed, and the officer allegedly took photos of his genitals and later requested sexual acts. The man alleges that correctional officer provided him with methamphetamine during subsequent meetings.

The man reported the abuse to law enforcement, but according to the lawsuit, no action was taken. In January 2023, the officer was criminally charged with abuse allegations involving the man and three other individuals, but he killed himself shortly after the charges were filed.

The lawsuit contends that law enforcement officials failed to act on the man’s reports, leading to ongoing emotional distress. The lawsuit names these officials as defendants, accusing them of failing to prevent further abuse.

April 2024: 19 Year Old Pendleton Juvenile Correctional Facility Inmate Charged With Rape And Sexual Battery

A 19-year-old inmate at the Pendleton Juvenile Correctional Facility was charged with rape and sexual battery. The incident involved the assault of a 17-year-old offender in October. According to a probable cause affidavit filed by Correctional Police Officer Christopher Sanford, he allegedly choked the victim and threatened them until a sex act was performed. The victim, who was under the influence of medication, claimed to have no recollection of the event. Henley was found guilty of abusive sexual contact against another youth.

March 2024: Indiana Senate Bill 17 Would Mandate Age Verification For “Adult-Oriented Websites”

A proposed bill heading to the governor would empower Indiana parents to take legal action against pornographic websites lacking age verification, potentially awarding up to $5,000 in damages if successful. Senate Bill 17 mandates age verification for “adult-oriented websites” displaying content harmful to minors, including nudity and sexual conduct. Parents could sue sites without proper age checks if their child gains access. The measure, passed with bipartisan support, aims to shield children from inappropriate content. The bill also allows the attorney general and others to sue non-compliant website operators, seeking penalties of up to $250,000. Inspired by similar laws in Louisiana and Texas, the legislation addresses concerns about minors accessing explicit material online. Websites have responded by implementing region-based blocks to comply with state laws.

February 2024: South Bend Police Officer Faces Charges Of Child Seduction

A South Bend Police officer, Rico E. Butler, faces charges of child seduction and made his initial court appearance this past Monday. Butler, who also works part-time at a Mishawaka school as a security officer and basketball coach, is accused of engaging in sexual activities with a 17-year-old student. Child seduction charges apply in Indiana when an adult in a position of trust is involved sexually with a minor at least four years younger who is in their care.

Prosecutors allege that the relationship began in September 2023, with incidents including intercourse in a classroom and Butler purchasing “Plan B” birth control for the student.

December 2023: Youth Treatment Center Staff Member Charged For Sexual Misconduct

An incident at a youth treatment center in northern Indiana led to charges against a staff member for sexual misconduct. The 50-year-old supervisor at Pierceton Woods Academy was accused of initiating a sexual relationship with a 19-year-old resident, which included entering the resident’s living area on days off and taking him on private walks.

The allegations surfaced when the staff member admitted to a “romantic” relationship with the resident in a text message to a coworker. It it sad that it is rarely investigative work that uncovers these sex abuse crimes. Instead, it is the perpetrators doing something so stupid it cannot be ignored.

This incident marked the third such accusation at the facility since 2019. The state’s Department of Child Services (DCS) temporarily halted referrals to Pierceton Woods but resumed after the center pledged to improve staff training on abuse prevention.

Further scrutiny revealed a really disturbing pattern at Pierceton Woods, where 27 reports of alleged sexual misconduct by staff were documented since 2017. Investigations highlighted a culture of silence and inadequate oversight, with some reports being screened out or not acted upon by the DCS. Despite findings of abuse and failure to report incidents in accordance with state laws, significant reforms or penalties were not imposed on the facility.

The facility, managed by Lasting Change, has faced criticism for its handling of these allegations and its internal policies, which may have hindered proper reporting of abuse. Despite the controversies, Pierceton Woods and its managing organization continue to operate, bolstered by substantial state funding and political connections.

The case has raised real concerns about the effectiveness of the oversight and accountability mechanisms in place for such facilities in Indiana and you will see sex abuse lawsuits flow from this.

August 2023: Fourth Civil Suit Filed Against Coach At Zionsville Gym

The parents of a fourth girl accusing her gymnastics coach of molestation have filed a civil suit against the coach, the Zionsville gym, and the coach’s supervisor. Kenneth ‘Andy’ Arnold, previously convicted of child molesting charges, faces new allegations of inappropriate touching and rape. The lawsuit alleges negligence by InterActive Academy and supervisor Kendra Brens for failing to act on prior allegations against Arnold. InterActive Academy reportedly only issued a warning to Arnold without limiting his contact with students or informing authorities. The lawsuit claims multiple failures, including inadequate reporting and investigation of complaints, lack of policies to prevent child abuse, and failure to inform families of risks.

July 2023: Three Butler Women’s Soccer Players File Sexual Assault Lawsuit Against Former Trainer

Three women’s soccer players at Butler filed a sexual assault lawsuit against multiple defendants, including former trainer Michael Howell and his former boss, Butler senior associate athletic director Ralph Reiff. Allegations of sexual abuse, harassment, intimidation, and stalking paint a grim picture reminiscent of a horror story, echoing past scandals like the one involving Larry Nassar at USA Gymnastics.

April 2023: Indiana State Senate Kills Proposed New Law That Would Enable Victims Of Sexual Abuse Within Boy Scouts To Get Full Compensation

The Indiana State Senate killed a proposed new law that would have enabled victims of sexual abuse within the Boy Scouts to get full compensation for their claims under the Boy Scouts of America bankruptcy plan. There are currently over 700 alleged sexual abuse victims in Indiana who have made claims for compensation against the Boy Scouts. Due to Indiana’s highly restrictive statute of limitations laws, however, these claimants will only be eligible to receive 10-15% of the compensation that victims in other states will get. The proposed law would have changed that, and opened the door for other child sex abuse victims.

How Does Indiana Define Sex Abuse?

For purposes of a civil lawsuit, sexual abuse and sexual assault have the same definition in Indiana as they do in the criminal law context. Under Indiana law, sexual abuse is defined as intentional sexual contact or touching (either directly or through clothing) of the intimate parts of another person for the express purpose of gratifying the abuser or degrading the victim. This definition covers everything from forcible rape to groping.

The hallmark that defines all types and categories of sexual abuse or assault is the lack of consent. In the absence of consent, any form of sexual contact is actionable as sexual abuse or assault. Minors (under the age of 18) lack the legal capacity to give consent to sexual contact. Therefore, any intentional sexual contact by an adult with a minor is necessarily considered sexual abuse.

Getting Money in Indiana 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. Another example would be if a teacher at a school sexually abuses a student. The student could sue the school for negligent hiring and retention.

Statute of Limitations for Sex Abuse Lawsuits in Indiana

The statute of limitations for filing a sex abuse lawsuit in Indiana is significantly different depending on whether the victim of the sexual abuse is a child (under age 18) or an adult when the abuse occurs.

If the abuse victim is an adult at the time the sexual battery takes place, then Indiana’s general 2-year statute of limitations for personal injury claims applies. This means the victim must file their lawsuit within 2-years of when the abuse occurred. Ind. Code § 34-11-2-4.

If the victim is under the age of 18 when the act of sexual abuse occurred, then they have 7 years from the date the “cause of action accrues;” or 4 years after the victim stops being a “dependent” of the alleged abuser. The cause of action does not “accrue” until the victim turns 18, so they have until their 25^th birthday. Indiana does recognize the discovery rule, however, the appellate courts have interpreted it very narrowly in the context of sexual abuse cases.

Indiana Juvenile Detention Center Sex Abuse Lawsuits

Indiana has become a focal point in the growing national crisis of sexual abuse allegations within juvenile detention centers. Historically, juvenile detention centers have been unchecked in its abject failures in protecting vulnerable youth from sex abuse. That is no longer the case. The increasing number of lawsuits reflects a broader awareness and unwillingness today to tolerate sex abuse – both from in employees and from other detainees – in juvenile halls.

One significant case from Indiana involves the Pendleton Juvenile Correctional Facility, where allegations of sexual abuse have sparked investigations and legal proceedings. This case is part of a disturbing pattern also seen at the Logansport Juvenile Correctional Facility, suggesting widespread failures in protecting the rights and safety of detained youth.

The Indianapolis Juvenile Correctional Facility has not been immune to these issues either, with similar allegations leading to public outcry and demands for stringent reforms. These cases have highlighted the critical need for improved staff training, comprehensive oversight, and strict adherence to protocols designed to prevent abuse.

The surge in sex abuse lawsuits not only in Indiana but also nationwide underscores a growing recognition of the need for systemic change within juvenile detention systems. As more victims come forward and legal actions increase, there is a heightened call for accountability and reform to ensure these facilities become safe environments for rehabilitation instead of what they have been for far too many – sites of further victimization.

Here are the juvenile detention centers in Indiana that have faced or may face sex abuse lawsuits:

Pendleton Juvenile Correctional Facility – Pendleton
Logansport Juvenile Correctional Facility – Logansport
Indianapolis Juvenile Correctional Facility – Indianapolis
South Bend Juvenile Correctional Facility – South Bend
Madison Juvenile Correctional Facility – Madison
Plainfield Juvenile Correctional Facility – Plainfield
Camp Summit Boot Camp – La Porte
Evansville Juvenile Correctional Facility – Evansville
Lake County Juvenile Center – Crown Point
Allen County Juvenile Center – Fort Wayne

Indiana Sex Abuse Settlements and Verdicts

Settlement amounts and jury payouts in sex abuse lawsuits in Indiana vary wildly. These factors the drive settlement compensation typically are primarily the severity of the abuse, the duration over which it occurred, the age of the victim, and the emotional and psychological impact on the victim. Additionally, the credibility and availability of evidence, the defendant’s financial capacity, and the jurisdiction’s legal environment can also influence the settlement or award amount.

In Indiana, like in other states, sex abuse cases often involve complex legal considerations. The strength of the case, as supported by evidence and witness testimonies, plays a critical role in determining settlement amounts. Juries also look at medical and therapy expenses, the need for future care, lost wages, and non-economic damages such as pain and suffering or emotional distress. Furthermore, sex abuse lawsuits involving institutions like priest and other clergy, juvenile detention centers or schools may also include punitive damages.

Given these variables, settlement amounts can range widely, reflecting the unique circumstances of each case.

Below is a list of sample settlement amounts and jury payouts in Indiana sex abuse lawsuits, which illustrate this variability.

$65,000 Verdict: A 13-year-old female suffered emotional distress when she was molested by the male defendant. The plaintiff contended that the defendant lured her into his barn and then engaged in inappropriate sexual behavior without the plaintiff’s consent. There was no indication of a third party institutional defendant in this case.
$225,000 Settlement: An 11-year-old boy was sexually abused by volunteer coach on his little league baseball team. He sued the little association alleging that it was negligent and failed to properly screen volunteers or prevent the volunteers from being left alone with the players in a state of undress. He also claimed the league failed to adhere to national league information as to how to protect children from molesters and failed to formulate a procedure for parents to report suspicions about volunteers.
$250,000 Settlement: The female plaintiff filed a lawsuit against her biological father alleging that he sexually abused her on a regular basis beginning when she was 6 years old and continuing over many years. The case was settled before trial so the father must have had significant financial resources.
$199,000 Settlement: The Archdiocese of Indianapolis agreed to pay $199,000 to settle claims by a man who asserted that he was sexually abused by member of the clergy at St. Catherine Catholic Church on the city’s Southside in the late 1970s. The man claimed that some of the abuse took place during overnight camping trips.

Contact Us About Indiana Sex Abuse Lawsuits

If you were the victim of sexual abuse and want to file a sex abuse lawsuit in Indiana, contact us today at 800-553-8082 or contact us online.