Michigan Sex Abuse Lawsuits

This page explains how sex abuse victims can bring civil lawsuits in Michigan and get compensation. Our lawyers will discuss the newly amended statute of limitations for sex abuse civil cases in Michigan. Finally, we will examine these cases’ potential settlement value and recent settlements and verdicts in Michigan sex abuse lawsuits.

---

Michigan Sex Abuse Lawsuit Recent Updated

September 23, 2024: Our law firm is actively investigating sexual abuse lawsuits against Dr. Oumair Aejaz, an internal medicine physician formerly employed at Henry Ford Macomb Hospital and Ascension Genesys Hospital in Michigan.

September 20, 2024: A former attorney has filed a federal lawsuit accusing a fellow lawyer of sexual harassment during and after her employment at his firm.

The human interest part of the story is that the accused lawyer had also served as the mediator in the high-profile settlement involving the late University of Michigan physician Robert Anderson, who was accused of sexually assaulting more than 1,000 victims. The plaintiff claims that after she confronted him about the harassment, her new employer terminated her and disparaged her reputation, making it difficult for her to continue working in Michigan.

August 6, 2024:  Bad news. The Michigan Supreme Court ruled that a 2018 law extending civil suit deadlines for sexual assault victims does not apply retroactively. As our June 7 post below indicated, we were optimistic the court would go the other way.

The law, enacted post-Larry Nassar scandal, included a specific retroactive provision only for Nassar’s victims, not applying to other past cases. The plaintiff, a priest clergy abuse victim, argued his case became actionable in 2020 upon recognizing the abuse’s impact on his mental health, citing the law’s provision that allows filing within three years of such a discovery.

But the court’s majority held that the statute’s language did not intend retroactive application beyond Nassar’s victims. This decision maintains the standard that claims must be filed within three years of the assault unless specifically allowed by the statute. Three justices dissented, questioning the interpretation of the law’s discovery implications.

It is up to Michigan legislature to fix this mess.

July 15, 2024: While the Michigan House approved three bills related to extending the statute of limitations for criminal sexual conduct, efforts to extend the statute of limitations for civil lawsuits have stalled.  Again. The bills that would allow victims more time to sue perpetrators or institutions are considered more controversial and were not brought to a vote before the summer recess. We still hope remaining bills will pass when the House reconvenes in the fall but it is hard to predict.

June 7, 2024: In June 2024, the Michigan Supreme Court is poised to rule on the question of whether a 2018 law extending the statute of limitations for some sexual abuse claims can apply retroactively to cases involving abuse by clergy, school staff, or other authority figures from decades ago. This law was initially passed in the wake of the Larry Nassar scandal and specifically included a carveout for Nassar victims, allowing them to file old claims. The debate centers on whether this provision should also apply to other past abuse victims.

The controversy arose from a lawsuit by an individual claiming to have been abused by a priest as a teenager. He argues that the 2018 law should allow him to file a lawsuit based on recently discovered mental health issues linked to the alleged abuse, despite the traditional statute of limitations having expired.  The Diocese of Lansing, a defendant in the case, argues that the provision was meant to apply to future cases, not to past incidents.

Lower courts have issued conflicting decisions regarding this interpretation, with one court siding with the claimant and another with the defendant, leading to the current Supreme Court review.

The outcome of this decision could potentially open the door – open the floodgates actually – for many other historical abuse claims against various institutions by interpreting the law to apply retroactively to cases beyond those involving Nassar.

May 15, 2024:  More than a dozen teenagers were sexually abused by staff at the Wolverine Secure Treatment Center in Michigan, according to a lawsuit filed in Saginaw County. The center, which closed in 2021, housed teenagers placed by courts, the state child welfare system, and families. The detention center sex abuse lawsuit accuses Wolverine Human Services, the center’s operator, of gross negligence, detailing abuse of 13 boys and one girl in their rooms, showers, and other locations.

May 3, 2024:  Last week, a Michigan federal court ruled an Italian woman can continue a sex abuse lawsuit she filed last year alleging she was raped by a man she met through an online au pair service, aupair.com. She claimed that the service, which a German company and i, failed to adequately screen and monitor its users. If a person seeking a nanny does not have a child, that would seem to be a pretty easy thing to figure out, right?

This oversight allowed the man to pose as a host family from East Lansing, Michigan, and lure her to the U.S., claiming he needed a nanny for his niece. Upon her arrival in Michigan, instead of the au pair job she expected, there was no child at the home and she was brutally sexually assaulted. She immediately returned to Italy and went directly to a hospital, where she was administered a rape kit.

The third-party defendants moved to dismiss the case on several grounds, including lack of subject matter and personal jurisdiction, arguing that the U.S. court was not the appropriate venue to hear the case. They also cited the doctrine of forum non conveniens, suggesting that another venue would be more suitable for addressing the issues raised in the lawsuit.

The judge refused to dismiss the lawsuit and allowed the woman to amend her complaint to include the new claims under the Trafficking Victims Protection Reauthorization Act to establish federal jurisdiction.

April 12, 2024:  In Michigan, the stringent statute of limitations for sex abuse lawsuits in Michigan is a real barrier to justice, as underscored by a recent court decision. In this case, an individual plaintiff filed claims against multiple hotel operators, including Motel 6, Marriott International, and others, alleging they facilitated her sex trafficking from 2003 to 2014.

The plaintiffs’ sex abuse lawyers included a laundry list of open and obvious signs of sex trafficking that were present at each of the hotels, including

1. cash payments for rooms
2. frequent foot traffic to and from the rooms
3. signs of sex trafficking in rooms e.g. excessive condoms, lubricant, ‘do not disturb’ signs being constantly hung on doors rented by sex traffickers
4. women arriving at hotels and being checked in with their trafficker with little to no personal possessions
5. women arriving with signs of physical abuse
6. women arriving at the hotel who appear fearful or anxious
7. refusing cleaning services for days.

Despite the grave nature of the allegations, the court’s application of the ten-year statute of limitations meant many of the plaintiff’s claims were dismissed because they did not fall within the ten years prior to the lawsuit being filed. This illustrates the often harsh impact of statutory time limits, particularly in sex trafficking cases, where victims may not be able to seek justice due to the time taken to escape and recover from such traumatic circumstances.

The court did allow claims against Farmington Hospitality (Fairfield Inn & Suites) to proceed because specific allegations suggested that employees at this location had direct knowledge of and disregarded clear signs of trafficking.

This decision highlights how harsh the strict application of the Michigan sex abuse statute of limitations can be. Most of the plaintiff’s claims were dismissed because they fell outside the ten-year window prior to the lawsuit’s filing. Thankfully, the remaining claim against Fairfield Inn & Suites can proceed.

---

Filing Civil Lawsuits for Sexual Abuse in Michigan

Michigan law permits victims of sex abuse to bring civil lawsuits and seek monetary compensation. The right to bring a civil lawsuit is not in any way dependent on whether the victim pressed criminal charges. Abuse victims can file a civil suit regardless of whether they reported the abuse to the police when it happened. It also doesn’t matter whether the abuser was convicted.

Victims can bring civil lawsuits for sexual abuse as long as they are presently willing to testify under oath about the facts of the alleged sexual abuse or assault. Other forms of evidence, such as medical records or fact testimony from other witnesses, can also support the victim’s testimony.

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

Definition of Sexual Abuse in Michigan

In Michigan, sexual assault or battery means touching someone’s private parts without their agreement, and it’s usually for sexual pleasure. This includes anything from touching inappropriately at a party to forcing someone to have sex.

To prove sexual battery in Michigan, two things must be true: first, there must be a sexual purpose behind the touching, and second, the person being touched didn’t agree to it. Accidentally touching someone doesn’t count.

Also, if the person being touched is under 18, they can’t agree to any sexual touching legally. So, any sexual contact with a minor by an adult is automatically considered sexual battery because the minor can’t give consent.

Michigan Statute of Limitations for Civil Sex Abuse Lawsuits

Michigan is among those states that have recently enacted new laws making it easier for victims of childhood sexual abuse to file civil lawsuits and get compensation. Under the new Michigan law, adult victims of sexual abuse have 10 years from the date of the abuse to file a civil lawsuit. Victims of child sexual abuse have until their 28^th birthday to file a civil lawsuit, or 3 years after they “discover” that they were victims of abuse, whichever is later. Mich. Comp. Laws § 600.5851

The Michigan legislature is currently considering another new law that would make it even easier for victims to sue for sexual abuse. The new law would create a 2-year revival window for victims of sexual abuse to file lawsuits even when the abuse occurred decades ago.

Third Party Liability in Michigan Sex Abuse Lawsuits

In a civil lawsuit about sexual abuse, the main person you might sue is the one who did the abusing. But if that person can’t pay or is in jail, it might not help much.

The smart move is to go after other organizations that could have stopped the abuse but didn’t. These could be places like schools, churches, or big companies. They usually have money to pay if they’re found responsible.

Here is an example of how this can work. Let’s say Jane was sexually abused by her high school teacher, Jim. Although Jane did not disclose the abuse, the school had received other reports and complaints about Jim’s inappropriate conduct with students, which it failed to investigate. In this case, Jane could bring a sexual abuse lawsuit against the school, alleging negligence in its failure to investigate Jim and protect Jane and other students from potential harm.

Dr. Anderson University of Michigan Sex Abuse Lawsuits

Dr. Robert Anderson worked for the University of Michigan from 1967 to 2003. During that time, he sexually abused thousands of students by subjecting them to inappropriate and invasive physical examinations. Many of these victims came forward and filed a lawsuit against the University. In 2022, the UofM agreed to pay $490 million to settle these claims. Learn more about Dr. Anderson University of Michigan sex abuse lawsuits.

Michigan Juvenile Detention Center Sex Abuse Lawsuits

Sexual abuse of minors in Michigan’s juvenile detention facilities has been a major problem for a very long time. Thankfully, a growing number of victims who were sexually abused in Michigan juvenile correctional and treatment centers are now coming forward and filing detention center sex abuse lawsuits against the state. These lawsuits allege that the state of Michigan (and private companies contracted by the state) have allowed a pervasive culture of abuse to exist for decades. Our firm is currently seeking Michigan juvenile detention center sex abuse lawsuits from anyone who was abused at a juvenile facility in Michigan.

Michigan Sex Abuse Settlements and Verdicts

• $490,000,000 Settlement: More than 1,000 ex-student athletes are sued the University of Michigan, saying a former football team doctor sexually assaulted them. The University agreed to pay $490 million to settle these cases. Around 1,050 people will get $460 million, which averages to about $438,000 per person (although the amounts won’t be the same for everyone). Another $60 million will be kept aside in case more people come forward with claims before July 31, 2023.
• $779,863 Verdict: A female suffered emotional distress and psychological trauma when the male defendant psychiatrist, during a course of treatment to deal with the plaintiff’s childhood sexual abuse, had repeated sexual encounters with her. The plaintiff contended that the defendant was negligent in engaging in unethical and unprofessional conduct. The defendant denied negligence and contended that the plaintiff had not, as she claimed, experienced sexual abuse as a child.
• $925,000 Settlement: The plaintiff, a female, allegedly suffered sexual abuse and emotional distress when she underwent psychological treatment at the defendant’s facilities. The plaintiff contended that the defendant failed to properly hire, train and supervise its counselors in the proper protocols for treating its patients. The plaintiff further contended that she was sexually assaulted by employees, that several employees had knowledge of the incidents but failed to report the assaults, and that the defendant failed to ensure the safety of its patients.
• $300,000 Settlement: A 25-year-old female contended that the defendant psychotherapist engaged in sexual intercourse with her during her treatment under the guise of necessary therapy. The plaintiff claimed that the relationship began when she was under age and lasted for 7 years and that frequently, therapy sessions would end with oral sex.
• $50,000 Settlement: A 37-year-old female claimed to have suffered emotional distress when she was allegedly seduced into having sex with her psychology professor who taught at the co-defendant community college. The plaintiff contended that the defendant professor induced her to have sex with him in his office in exchange for an ‘A‘ grade. The plaintiff, who had reported the incident to various psychologists under which she had been receiving counseling, also contended that the defendant called her repeatedly at home and followed her around campus.
• $112,500 Settlement: A female minor suffered emotional distress when she was sexually abused by a foster father and his son after she was placed in their care by the defendant. The plaintiff contended that the defendant failed to perform a thorough background check of the nonparty foster family before placing the plaintiff in their care, that it failed to protect the plaintiff from sexual abuse, and that its negligence resulted in the plaintiff’s injury.
• $150,000 Settlement: A 10-year-old female student suffered sexual abuse and emotional distress when she was assaulted by the defendant cable company’s employee while he was in the plaintiff’s home to do service work. The plaintiff contended that the defendant was negligent in sending a violent person into a private residence, in failing to check the employee’s criminal history, and in hiring him for the position.

Hiring a Michigan Sex Abuse Lawyer

Our law firm handles sex abuse lawsuits in Michigan and across the nation. When you hire us, we work pair ourselves with the best Michigan sex abuse lawyers and pay them out of our attorney fees if you win. This means that you will not have to pay any additional contingency fees and you get two law firms for he price of one.

You can get a free no-obligation consultation online or call us today at 800-553-8082.