Utah Sex Abuse Lawsuits

This post will explain the basics of Utah sexual abuse lawsuits. We examine how Utah 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 value of sex abuse lawsuits in Utah.

How is Sexual Abuse Defined in Utah?

The legal definition of sexual abuse or sexual assault in Utah is essentially the same as it is in other states. Under Utah law, any form of unwanted and intentional sexual touching or contact can qualify as sex abuse. The touching can be considered “sexual” when it involves a person’s intimate body parts.

As a practical matter, sex abuse can range from groping to forcible rape. The 2 key elements that must be present to meet the definition of sexual abuse are: (1) physical touching, and (2) lack of consent.

The first element of sex abuse is physical touching. To constitute sexual abuse or assault there must be actual physical contact of a sexual nature. Verbal sexual harassment is not enough.

The second element of sexual abuse or assault is the absence of consent. Lack of consent is the key element that defines all categories of sexual assault. If the sexual touching is not consensual it is automatically abuse or assault. Minors (anyone under the age of 18) lack the legal capacity to give consent, which means any sexual touching by an adult with a minor is necessarily considered sexual abuse.

When Can You Sue for Sexual Abuse?

In Utah, sexual abuse or assault constitutes both a criminal offense and a civil wrongdoing. This grants sexual abuse victims the option to pursue criminal charges and/or initiate a civil lawsuit to seek financial compensation. Any individual who has suffered from sexual abuse or assault has the right to pursue either or both options.

Victims of sexual abuse can pursue a civil lawsuit regardless of whether the perpetrator faced criminal charges or a conviction. In fact, victims can bring a civil lawsuit even if they never reported the abuse to the police and even if they never told anyone about it.

The burden of proof required to establish sexual battery in a civil case is notably lighter compared to that in a criminal trial. This means that it is much easier for a plaintiff in a civil lawsuit to demonstrate the occurrence of sexual abuse or assault. So even if an offender evades criminal prosecution, they can still be held liable in a civil court of law.

Getting Money from Third Parties in 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.

The following example will help illustrate how third parties can be liable in sexual assault cases. Let’s assume that Jane was a student at a private school in Salt Lake City. In 5th grade, Jane’s teacher, Mr. Smith, sexually abused him over the year. The school had previously received numerous red flags suggesting that Mr. Smith may be a sexual predator, including prior allegations of abuse by students and incidents of highly inappropriate behavior. Jane can file a civil lawsuit against the private school for negligently failing to investigate Mr. Smith and prevent him from abusing students.

Utah Statute of Limitation for Sex Abuse Lawsuits

Under Utah law, victims of child sexual abuse can bring a civil lawsuit against the individual perpetrator at any time and there is no statute of limitation deadline. For sex abuse lawsuits against third parties (e.g., schools, churches, etc.), however, Utah has a fairly strict statute of limitation. Victims must file sex abuse lawsuits against third parties by their 22^nd birthday (age of majority plus 4 years). Utah Code § 78B-2-308

Utah does have a 4-year discovery rule that allows victims of child sexual abuse to file civil lawsuits 4 years after they “reasonably discover” the facts relating to the sexual abuse. However, the Utah appellate courts have interpreted this very narrowly and it only applies in cases where there is evidence of totally repressed memories. Colosimo v. Roman Catholic Bishop, 156 P.3d 806, 812 (Utah 2007)

Utah Supreme Court Narrows Discovery Rule

In Colosimo v. Roman Catholic Bishop of Salt Lake City, the Utah Supreme Court took a narrow approach to the discovery rule, contrasting with how other states apply this rule more liberally in sexual abuse cases. Many states have adopted a more flexible interpretation of the discovery rule to accommodate the unique nature of childhood sexual abuse, where victims often do not fully comprehend or remember the abuse until years later.

In states with a more liberal view, courts tend to allow the discovery rule to extend the statute of limitations not only when the victim was unaware of the abuse due to repressed memories, but also when they later understand the full impact of the abuse. For example, in states like California, New York, or New Jersey, courts have given more leeway to victims who, while remembering the abuse, might only later link it to the psychological harm or emotional trauma they suffer in adulthood.

These courts recognize that victims often struggle with repression or denial, and it might take years for them to associate the abuse with its lasting consequences—such as anxiety, depression, or relationship difficulties—especially if they were minors when the abuse occurred. This more lenient approach gives victims the chance to file lawsuits long after the abuse took place, when they’ve realized the true extent of the harm caused.

However, the Utah Supreme Court in Colosimo ruled that the discovery rule applies only if the plaintiff was truly unaware of the abuse itself, such as through repressed memories. The court explicitly rejected the argument that the statute of limitations should be extended when a plaintiff was aware of the abuse but later understood its psychological impact. Essentially, Utah’s narrow interpretation means that if a victim recalls the abuse but fails to immediately recognize its effects, they cannot use the discovery rule to bring a claim later.

Mormon Church Sex Abuse Lawsuits

The Mormon Church (Church of Jesus Christ of Latter-Day Saints) has recently faced a growing tide of sexual abuse lawsuits in Utah and across the country. These lawsuits allege that individuals within the church, including clergy and other church leaders, have committed sexual abuse and that the church negligently failed to protect the victims and/or covered up the abuse to protect its image. The LDS Church has paid billions in settlement compensation to victims of sexual abuse. Learn more about Mormon Church sex abuse lawsuits.

Settlement Value of Utah Sex Abuse Lawsuits

In sexual abuse lawsuits, victims can pursue compensation for both economic and non-economic damages. Economic damages are the tangible, financial losses suffered by the victim, while non-economic damages refer to the emotional and psychological harm caused by the abuse.

1. Economic Damages: These typically include medical expenses, therapy costs, lost wages, and loss of future earning capacity. If a victim requires ongoing treatment or counseling, those future costs can also be factored into the damages awarded. In cases where the abuse has resulted in physical injury, the medical expenses associated with treatment can be significant.
2. Non-Economic Damages: These encompass the more intangible aspects of harm, such as pain and suffering, emotional distress, and loss of enjoyment of life. Non-economic damages can often exceed the value of economic damages, particularly in cases where the victim suffers from severe psychological trauma, such as PTSD, depression, or anxiety. Utah courts have historically recognized the profound impact sexual abuse can have on a person’s mental health and have awarded significant compensation to account for these losses. Unless there is a large punitive damage award, this is invariably the biggest element of damages in most sex abuse lawsuits.
3. Punitive Damages: In certain cases, Utah law allows victims to seek punitive damages against the perpetrator or third-party defendants. These damages are designed to punish particularly egregious conduct and to deter similar behavior in the future. Punitive damages are more likely to be awarded in cases where a third party, such as a school or church, knew about the abuse yet failed to take action to prevent it.

Keep in mind, this is a civil lawsuit, not a criminal trial requiring proof “beyond a reasonable doubt.” Civil lawsuits in Utah operate under a preponderance of evidence standard. So the plaintiff only needs to prove that it is more likely than not that the abuse and these damages occurred, making it easier for victims to achieve a favorable outcome in a civil trial even if the abuser was not convicted in a criminal case.

Utah Sex Abuse Verdicts and Settlements

$4,000,000 Verdict: A 7-year-old girl suffered PTSD for which she required therapeutic counseling when she was sexually molested repeatedly between October of 2008 and July of 2009 by a 75-year-old bishop in the Mormon Church. The girl and her mother were tenants at the defendant’s home and he allegedly sexually molested the minor while his wife and Jane Doe’s mother were away at work during the day.  The bishop plead guilty to lewdness involving a child.

$750,000 Verdict: A minor female suffered emotional distress due to a pattern of sexual molestation and rape by the male defendant, which occurred over a period of years. The plaintiff brought suit against the defendants after repressed memories were revived through the use of inner child therapy and other hypnotic-like techniques. The plaintiff contended that the defendant repeatedly raped her during that time, and that the female co-defendant, the plaintiff’s mother, should have known and taken action to stop the offenses.

$394,500 Settlement: An 18-year-old mentally disabled male was sexually assaulted by a respiratory therapist at the defendant hospital. The plaintiff was a patient at the hospital and was taken by wheelchair by the respiratory therapist and sexually abused in a locked bathroom. The therapist had performed similar acts previously but was not terminated by the defendant nor were his actions supervised.

$50,000 Settlement: A 14-year-old male suffered emotional distress when he was sexually abused by the 47-year-old male defendant. The plaintiff contended that the defendant intentionally sexually abused him, and that he had past convictions of sexual abuse of minor boys. The defendant contended that he did not intend to harm the plaintiff.

Contact Us About Utah Sex Abuse Lawsuits

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