Kentucky Sex Abuse Lawsuits

This post will explain the basics of Kentucky sexual abuse lawsuits. Our lawyers examine how Kentucky law defines sexual abuse and assault and when victims of sexual abuse can file civil lawsuits and get compensation. We will also analyze the potential settlement amounts for sex abuse lawsuits in Kentucky.

Finally, we will discuss recent efforts by the Kentucky state legislature to pass new laws making it easier for victims of child sexual abuse to file lawsuits years after the fact.

Kentucky Sex Abuse Lawsuit News and Updates

October 21, 2024:  In a new Uber sexual assault lawsuit filed on Friday, a plaintiff from Jefferson County, Kentucky, alleges she was sexually assaulted by an Uber driver on June 30, 2024, during a ride arranged through Uber’s platform. Although the incident occurred in Kentucky, the lawsuit has been filed in California.

But why would a Kentucky sex abuse lawsuit be filed so far from home?  These claims against Uber in federal court are centralized in the Northern District of California in class action MD that consolidates similar claims from across the country to streamline pretrial proceedings and ensure consistent rulings on shared legal issues.

October 12, 2023:  In Kentucky, attorneys are increasingly turning their attention to the rampant abuse and neglect occurring within residential treatment centers across the state, following alarming findings in a U.S. Senate Finance Committee report. This report highlights deep systemic issues within these facilities, which are often funded by Medicaid and other taxpayer sources, where children and vulnerable populations are subjected to physical, emotional, and sexual abuse.

Many of these centers, operated by large corporations such as Universal Health Services (UHS), Acadia Healthcare, and Devereux Advanced Behavioral Health, are now under intense legal scrutiny for failing to protect the individuals under their care from physical, emotional, and sexual abuse.

Lawyers representing victims are discovering that the crisis in these Kentucky facilities is far worse than initially suspected.  There is so much focus on clergy abuse and detention centers, sex abuse attorneys just did not see the obvious: these vulnerable children are easy targets.

The following are among the most prominent residential treatment centers in the state owned by these corporations:

• Universal Health Services (UHS)
  • The Brook Hospital – Louisville
  • Rivendell Behavioral Health Services – Bowling Green
• Acadia Healthcare
  • Cumberland Hall Hospital – Hopkinsville
  • The Brook Hospital – KMI – Louisville
  • River Valley Behavioral Health – Owensboro

Claims against these centers include rampant understaffing, lack of proper training for employees, and negligent oversight, all of which have long been know to create fertile ground for sexual predators. Many of these facilities house children in need of behavioral or psychiatric care, yet they are subjected to environments of mistreatment, with complaints of over-reliance on restraints and a failure to investigate allegations of sexual abuse.

The goal of these sex abuse lawsuits is, of course, to secure justice and settlement compensation for the victims. But these claims do serve a public good. They shine a light on the profound need for reforms within the state’s residential care system.

September 6, 2024: A pair of former teenage inmates at Adair County Juvenile Detention Center have filed a civil lawsuit alleging that they were abused and tortured at the facility. The lawsuit claims that, among other things, the teens were held in isolation, and denied basic hygiene, and females were forced to be naked in front of male inmates.

July 25, 2024: A new lawsuit alleges that two Covington police officers, during a traffic stop, physically assaulted the plaintiff, including grabbing her breasts, after forcibly removing her crutches, causing her to fall and sustain injuries. The suit sues these police officers individually and also includes allegations against the City of Covington for its failure to adequately train and supervise the officers, leading to these constitutional violations. The plaintiff seeks compensatory and punitive damages.

April 24, 2024:  The new sexual assault lawsuit that is getting national attention alleges that the University of Kentucky fostered a toxic and sexually hostile environment within its Swimming and Diving Program, under the leadership of its head coach. The head coach is accused of sexually harassing and assaulting young female athletes and staff.

The plaintiffs, former collegiate swimmers and employees, claim they were subjected to this environment and were victims of sexual assault and harassment by the coach. The lawsuit argues that UK was aware of the coach’s behavior and had received multiple credible reports of inappropriate conduct but failed to take action, thereby enabling the coach’s actions.

The plaintiffs allege that this lack of response by University of Kentucky allowed the coach to continue his behavior, causing them significant trauma and harm.

The plaintiffs are seeking damages for the emotional and psychological harm they suffered as a result of the university’s actions.

March 16, 2024: A settlement was reached in the lawsuit filed by a rape survivor against Georgetown College concerning an on-campus assault and the institution’s subsequent response.

The woman alleged that college representatives and her volleyball coach created a hostile environment following the assault and that the college had inadequate security at the time of the incident. The perpetrator was convicted and sentenced to life in prison. The lawsuit was set to go to trial but was settled out of court with the details of the settlement not disclosed.

February 15, 2024: The Kentucky Supreme Court ruled that a new state law retroactively extending the statute of limitations for civil sex abuse lawsuits was unconstitutional. The Court reasoned that reviving a time-barred claim has “long conflicted with federal authority” and that the statute of limitations is “a vested right beyond legislative control.”

Definition of Sexual Abuse in Kentucky

In Kentucky, sexual assault or sexual abuse is defined as sexual touching or contact without the other person’s consent and for the purpose of sexual gratification. In the context of a civil lawsuit, sexual abuse or assault is often referred to as sexual battery. Under this definition, a wide range of acts (from groping a breast to violent rape) meets the definition of sex abuse.

There are two key elements that must be present to meet the definition of sexual abuse in Kentucky. First, the contact or touching must intentionally done for the purpose of sexual gratification. Grabbing a woman’s breast in a crowded elevator or to catch her from falling is not sexual abuse because there is no sexual intent behind the contact (and in the case of the crowded elevator the contact may actually be inadvertent entirely).

The second essential element is the lack of consent. For intentional sexual touching to qualify as abuse or assault, it must be done without mutual consent. Under Kentucky law, minors under the age of 18 cannot give consent to sexual touching. Any sexual contact with a minor by an adult is automatically considered sexual battery.

So even if a 16 year-old fully consents and enthusiastically participates in sexual activities with a 25-year-old, those activities meet the definition of sexual abuse because that 16-year-old lacks the legal capacity to give that consent.

Who Can Be Held Liable for Sexual Abuse in Kentucky?

Sexual abuse victims can always sue the individual person that abused them. Usually, however, suing the abusers is somewhat pointless because you won’t be able to get any money from them. Chances are they are either broke, dead or in jail.

The key to getting compensation in sex abuse lawsuit is finding a company, school, or other third party with deep pockets (or insurance) to hold liable for negligence. Kentucky law allows abuse victims to file civil lawsuits against third-parties who were negligent in failing to prevent or stop the abuse. Common third-party defendants in sex abuse civil lawsuits include schools, churches, or organizations such as the boy scouts. If you can show that the one of these organizations had a duty to prevent or stop the abuse and failed to do so, they can be held legally liable for damages.

For example, if a teacher abused you at your school, the school could potentially be liable for negligently failing to stop the abuse or investigate prior complaints against the teacher. Also, if you were sexually abused or assaulted in a dimly lit parking lot, you could sue the parking lot owner for negligent security.

Kentucky Statute of Limitations for Sex Abuse Lawsuits

Before 2003, in Kentucky, victims of child sexual abuse only had until they turned 19 (1 year after reaching the age of majority) to bring a sex abuse lawsuit. There was a singular exception that permitted a victim to sue an abuser’s employer beyond this age limit, but only in cases where the employer had deceitfully hidden the employee’s past abusive actions.

Beginning in 2003, however, a number of extensions to this deadline were introduced. Today, survivors of child sexual abuse in Kentucky have until their 28^th birthday to file a civil lawsuit (age of majority plus 10 years). Ky. Rev. Stat. Ann. § 413.249(7)(b) (2021) (stating, “[n]otwithstanding any provision of law to the contrary, any claim for childhood sexual assault or abuse that was barred as of March 23, 2021, because the applicable SOLs had expired is hereby revived, and the action may be brought if commenced within five (5) years of the date on which the applicable SOLs expired.”)

Kentucky also has a statutory discovery rule that applies in child sex abuse cases in which victims have repressed memories of abuse. In 2021, Kentucky amended the discovery statute to clarify that the extension to ten years is retroactive and additionally applies to claims against non-perpetrators and entities.

Clergy Sex Abuse and the Archdiocese of Louisville

Clergy abuse has represented a significant and persistent issue across various regions, with Kentucky experiencing notable cases, particularly within the Archdiocese of Louisville. This diocese has faced a long-standing crisis marked by numerous allegations of child sexual abuse by clergy members. While the Archdiocese has not filed for bankruptcy—a route taken by some religious institutions to manage legal liabilities—it has been involved in numerous legal settlements over the years in response to these allegations.

Historically, the Archdiocese of Louisville faced widespread criticism for what even it would agree was an inadequate response to these allegations and its failure to protect children. In an effort to address past failures and prevent future incidents, the Archdiocese has, to its credit, tried to do better. These include comprehensive background checks for all clergy and staff, mandatory abuse prevention training, and the establishment of a victim assistance program to support those impacted by abuse. It is a start.

More importantly, in a move toward transparency and accountability, the Archdiocese now publicly releases the names of clergy credibly accused of abuse, marking a significant shift from previous policies of secrecy. This transparency is crucial for victims seeking to file clergy abuse lawsuits as it provides them with the information needed to pursue justice.

Recognizing the importance of financial compensation for healing, the Archdiocese has shown a willingness to settling lawsuits fairly, providing compensation to victims. There is no question that for some survivors of clergy abuse, pursuing a lawsuit can be a vital step towards obtaining justice and closure.

Kentucky Detention Center Sex Abuse Lawsuits

Victims of sexual abuse in Kentucky juvenile detention centers are increasingly pursuing legal action against state authorities, citing a failure to protect them. Facilities under scrutiny include the Fayette Regional Juvenile Detention Center (Lexington), the Warren Regional Juvenile Detention Center (Bowling Green), and the Jefferson County Youth Detention Center (Louisville). These lawsuits allege systemic failures to safeguard juvenile inmates from sexual exploitation and assault, often pointing to inadequate staff training, poor supervision, and insufficient reporting mechanisms as contributing factors.

The state has faced multiple lawsuits and investigations, highlighting the need for comprehensive reforms in the juvenile justice system. Advocates and legal experts argue for stronger protective measures, including better staff training, increased oversight, and the implementation of stricter protocols for reporting and investigating allegations of abuse. These cases have brought attention to the vulnerabilities of youth in detention and the state’s responsibility to ensure their safety and well-being.

The problem with these detention center lawsuits in Kentucky is that so much of the abuse happened long ago.  Again, in Kentucky, the statute of limitations for filing civil claims related to sexual abuse allows victims to sue until they reach the age of 28. This legal time limit poses a challenge for plaintiffs who wish to bring claims against state authorities for abuse experienced in juvenile detention centers that will remain until the Kentucky legislature steps up and changes the deadline to file a detention center sex abuse lawsuit.

Calculating Settlement Amounts in Sex Abuse Cases in Kentucky

In Kentucky, the size of settlement amounts in sex abuse lawsuits has varied wildly.  There are so many different factors at play when calculating compensation payouts.

But the key factors in most claims are the severity of the abuse, the duration of the abuse, the impact on the victim’s life, and the financial standing of the responsible party.

Victims who have suffered more severe or prolonged abuse typically receive larger settlements. Institutions like the Catholic Church or state-run facilities have the ability to offer larger settlements compared to individuals with fewer assets.  You do not see many abuse lawsuits brought against individuals without a third party defendant that has the ability to pay a settlement or verdict

The reality is also that the best sex abuse lawyers get the best results. Experienced legal representation is crucial in these cases, as skilled attorneys can effectively navigate the complexities of the legal system and negotiate larger settlements on behalf of their clients.

Kentucky Sex Abuse Verdicts and Settlements

• $120,000,000 Settlement: The Roman Catholic Diocese of Covington, KY agreed to set aside $120 million (at the time it was the largest sex abuse settlement in U.S. history) for sexual abuse victims of Catholic priests. The settlement amount was later reduced to $85 million and the amount that the Church actually paid was dependent on how many victims came forward and made claims. The agreement divided the victims into 4 groups depending on the circumstances of the abuse and were paid varying amounts ranging from $5,000 to $450,000.
• $16,000,000 Verdict: A 9-year-old female suffered emotional distress after she was sexually molested by the male defendant as the defendant babysat the plaintiff. The plaintiff contended that the defendant negligently fondled her in an inappropriate manner, and that his actions were willful and malicious with the intent to harm. The defendant denied liability.
• $100 Million Settlement:  Civil action settlements against a now-closed boarding school in West Virginia, accused of sexually and physically abusing students over decades, have reached $100 million. The latest lawsuits were consolidated in Kanawha County Circuit Court, with allegations including severe mistreatment, sexual abuse, and child labor violations. The school, operating from 1987 to 2014, faced accusations of confining children in inhumane conditions and failure to educate them. The school and associated religious organizations deny the allegations. The case represents the highest recorded settlement for such abuse cases in the state.
• $1,100,000 Settlement:  Eight women inmates at Larue County Detention Center reached a $1.1 million settlement in a lawsuit alleging sexual abuse by a deputy. The plaintiffs claimed that the deputy withheld necessities, threatened retaliation, and coerced them into exposing themselves or engaging in sexual acts. The lawsuit also accused the deputy of planting contraband to ensure their silence. Some of the abuse was reportedly captured on video, and supervisors were allegedly aware but failed to intervene. The settlement followed the deputy’s guilty plea to multiple felonies and a previous sexual abuse case involving the jail.
• $5,200,000 Settlement: The Diocese of Covington agreed to pay $5.2 million to a group of victims who were allegedly abused by 6 different priests. The priests accused who were made public included Rev. Leonard Nienaber, Rev. Joseph Pilger, and Rev. Earl Bierman. 3 of the 6 priests were criminally convicted for sexual abuse of minors.
• $2,000,000 Verdict: A female suffered emotional distress when she was a patient at the defendant hospital and was raped by the codefendant male nursing assistant. The plaintiff contended that the defendant failed to provide the proper standard of care and failed to properly hire, train, and supervise its personnel.  The plaintiff further contended that the codefendant willfully, intentionally, and maliciously molested her in a sexual manner, and that the attack was unprovoked and inflicted with the intent to harm. The defendants denied liability, and the codefendant contended that the sex act was consensual.
• $25,700,000 Settlement: The Roman Catholic Diocese of Louisville agreed to settle claims brought by 240 victims alleging sexual abuse involving 34 priest and church workers, including the infamous Rev. Louis E. Miller, who was accused by more than 90 people of sexual abuse between the 1950s and 1990.
• $1,400,000 Settlement: An 18-year-old male suffered sexual molestation by three nonparty inmates at the defendant detention center where he was jailed for charges of speeding and resisting arrest by a police officer. The plaintiff contended that the defendant’s staff willfully and maliciously jailed him in an area with convicted felons in order to teach him a lesson, allowed him to be raped and sodomized, failed to ensure his safety, and violated his civil rights.
• $737,000 Verdict: The plaintiff claimed he was sexually abused by Rev. Earl Bierman and the jury awarded $737,000 against the Diocese of Louisville for negligence.

Contact Us About Kentucky Sex Abuse Lawsuits

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