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 Oklahoma. We will look at the Oklahoma statute of limitations for sex abuse civil cases and the potential settlement value of these cases.
Our lawyers also discuss how a new proposed law in Oklahoma could make it much easier for child sex abuse victims to bring lawsuits. If you have an Oklahoma sex abuse case, contact us today for a free consultation at 800-553-8082.
What is Sex Abuse Under Oklahoma Law?
Oklahoma criminal law statutes define sexual abuse and sexual assault. Under Oklahoma law, sexual abuse is defined as intentional sexual contact (either directly or through clothing) of the intimate parts for degrading or humiliating the victim or sexually gratifying the abuser. This definition covers everything from forcible rape to indecent exposure.
The critical element that defines all types and categories of sexual abuse or assault is the lack of consent. Without consent, any form of sexual contact is actionable as sexual abuse or assault. Children (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.
Civil Lawsuits for Sex Abuse in Oklahoma
Under Oklahoma state law, individuals who have experienced sexual abuse or assault have the option to initiate a civil lawsuit to pursue financial compensation. Keep in mind that abuse victims can pursue a civil lawsuit irrespective of whether they have filed criminal charges, and this legal recourse remains available even if the abuse was never reported or disclosed at the time it occurred.
To initiate a civil lawsuit for sexual abuse, victims are only required to be willing to provide sworn testimony regarding the details of the sexual abuse or assault. This testimony can be reinforced by additional evidence, such as medical records demonstrating physical injuries resulting from the assault. Moreover, testimony from other witnesses who can attest to the factual aspects of the case may also be presented.
Going After Third Parties in Oklahoma Sex Abuse Lawsuits
The most obvious defendant in any sexual battery lawsuit would be the person who committed the sexual abuse. The problem with suing the abuser is that they might already be dead or in jail, and even if they are still around, they may not have money or financial resources to pay for any compensation awarded in the case. Going after the abuser only makes sense in a civil case if they are wealthy.
The best way to get money in a civil sex abuse lawsuit 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, churches, gyms, etc. These parties can be held liable in a child sex abuse lawsuit if the plaintiff can show that their negligence somehow enabled the abuse to occur or to continue. Third parties in sex abuse lawsuits can also be held liable if they attempt to cover up abuse incidents after the fact.
Here is an illustrative example of how suing a third party often works. Let’s say Jane experienced sexual abuse by her high school teacher, Bob. Although Jane did not disclose the abuse, the school had received other reports and complaints about Bob’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 Bob and protect Jane and other students from potential harm.
Oklahoma Statute of Limitation in Sex Abuse Cases
Despite recent changes to its laws, Oklahoma has one of the worst statutes of limitations for child sexual abuse lawsuits in the country. Under the new law, which was passed in 2017, victims of child sexual abuse have until their 45th birthday to file a civil lawsuit. Okal. Stat. § 12-95
At first glance this seems like a fairly reasonable SOL. But its actually not. First, this only applies to child sexual abuse occurring after 2017 (when the new law took effect). Any abuse that occurred prior to 2017 would still be time barred under the old laws.
Second, even for abuse after 2017, the new law only applies to to claims against the individual perpetrator. If child sex abuse victims in Oklahoma want to sue a third party like a church or school, they are still subject to the general SOL. That means they have until age 20 (majority plus 2 years) to file their case.
Oklahoma did create a statutory discovery rule in 1992, but it is very limited and requires both objective, verifiable evidence of psychological repression of the victim’s memory and corroborating evidence that the sexual abuse occurred.
Calculating Settlement Amounts in Sex Abuse Cases in Oklahoma
In Oklahoma, settlement amounts in sex abuse cases can vary significantly, depending on several factors. The severity and duration of the abuse, the impact on the victim’s life, and the financial standing of the responsible parties are key considerations in determining compensation.
Victims of more severe or prolonged abuse generally receive larger settlement payouts, especially when the abuser is linked to an institution like a church, school, or state-run facility with substantial financial resources.
One other thing… a good sex abuse attorney in Oklahoma makes a difference. Effective legal representation is crucial in these cases, as experienced abuse attorneys are betting equipped to navigate the complexities of the legal system and negotiate higher settlements for victims.
Oklahoma Juvenile Detention Center Sex Abuse Lawsuits
Oklahoma’s juvenile detention system has been criticized for inadequate protections against sexual abuse, leading to several high-profile lawsuits, federal investigations, and criminal prosecutions. These cases allege a systemic failure by the state authorities to protect juvenile inmates from sexual exploitation and assault, despite known risks and incidents.
Victims of such abuse are entitled to file lawsuits seeking compensation and accountability for the trauma they endured. The rising number of these lawsuits highlights serious concerns about the safety and management practices within Oklahoma’s juvenile detention facilities, calling for urgent reforms and better protective measures to safeguard vulnerable youth.
Oklahoma Sex Abuse Settlements and Verdicts
Below are settlements and verdicts from Oklahoma sexual abuse lawsuits.
$5,000,000 Settlement: The Archdiocese of Oklahoma City agreed to pay $5 million to settle sexual abuse claims. The victim alleged that he was sexually abused by a pastor the church of the Assumption of the Blessed Virgin Mary in Duncan. The abuse occurred in the 1990s and the perpetrator was eventually convicted and sentenced to 40 years in prison.
$120,000 Settlement: A 3-year-old male suffered emotional distress when he was sexually molested by the defendants nonparty child while he was under their supervison. The plaintiff contended that the defendants failed to properly supervise him while he was in their care, knew or should have known of their childs’s propensity for sexual deviancy, and that their negligence was the cause of his injuries.
$60,000 Settlement: A special ed student with disabilities was allegedly bullied and sexually molested by another student in the same program. The mother sued the school district claiming that she had complained about the other student in the past and requested her son be transferred but nothing was ever done.
$800,000 Settlement: The catholic church’s insurance carriers settled claims by two victims who alleged that the were sexually abused as children by a notorious pedophile at St. Cecilia Catholic Church in Claremore, OK. The perpetrator was sentenced to 60 years in prison.
$1,000,000 Verdict: A minor female suffered emotional trauma and psychological damage from sexual molestation when she was abused by the defendants (a group of males she was friends with). The plaintiff contended that the defendants were negligent in sexually abusing the plaintiff and that the male defendant had already been convicted of rape and sexual abuse prior to the civil action.
Contact Us About an Oklahoma Sex Abuse Lawsuit
If you have sexual abuse lawsuits in Oklahoma, call our lawyers today at 800-553-8082 for a free consultation, or contact us online.