What if the Sexual Abuser Is a Minor?

Sexual abuse is not limited to adults. Some children are capable of abusing other children or adults. States will vary on their rules about bringing criminal charges against minors and how to punish them, but what are your options for suing if your sexual abuser is a minor?

The answer varies by state, but in general, you can sue minors for sexual abuse. However, the process is complicated and there may be exceptions. You may also have the right to sue the parents of the abuser for their negligence.

Sexual abuse by minors is a delicate matter, so make sure you get legal advice from a qualified sexual abuse lawyer in New York or your state. Here are the basics of what to do after a minor sexually abuses you.

Sexual Abuse Is an Adult Action

One of the considerations of any personal injury claim is whether a reasonable adult would perform the same action in the same situation. Sex is an adult activity, perhaps the defining adult activity.

While we will need to know the specifics of your case to be sure, the court will probably consider that the minor knew what they were doing when they abused you. This means they will be treated like an adult in determining if they were at fault.

A similar situation is when a minor causes a car accident. Driving a car is considered an adult activity. A victim of a car accident caused by a 16-year-old can sue the teenager even though the at-fault driver is under the age of 18.

General Considerations for Suing Minors

Normally, you cannot sue someone directly if they are a minor. Instead, the court must appoint an adult to act in the minor’s best interests. This is called a guardian ad litem, or GAL. Your abuser may also have an attorney who represents them.

The GAL may be a parent or they may be someone else. GALs are court-appointed, so if a parent cannot serve the minor’s best interests then the court will choose someone else. Once the alleged abuser has one, then a lawsuit can proceed.

If the victim is also a minor, then parents have the right to sue on behalf of their children. If the victim has no parents or someone to represent them, then the court may appoint a GAL for the plaintiff.

Considerations for Minor Victims

If your child was the one abused by another child, then you can bring a lawsuit on their behalf. However, any award by the court will go to your child and not to you. To make sure the settlement or award is in the child’s best interest, the court may do two additional processes:

• Friendly Hearings: After both parties agree to a settlement, a judge will review the settlement terms to make sure the settlement adequately meets the needs of the victim.
• Settlement Management: If the settlement is over a certain amount, the court may require it to go into a special trust fund until the victim is 18. You can ask the trust fund manager to release money to pay for your child’s care.

The exact rules on these will vary from state to state. If you’re an adult abused by a minor, you’re assumed to know what is a fair settlement to you, so work with a sexual abuse attorney so you can get all the guidance you need before accepting one.

What if the Child Sexual Abuser Is Very Young?

In New York law, a child under 10 is not considered liable for their actions because the child cannot determine right from wrong. However, this can be bent by the court depending on the action and how close the child is to age 10.

Once the child is 10 or older, you’ll have much less of a problem suing them because the courts believe that a child of that age will know their actions were harmful. The parents may also hold some responsibility for what happened so you can sue them as well.

Different states will have different rules on these matters, so please consult with a qualified sexual abuse lawyer in your area for advice. Seek one that has experience with child sexual abusers or with lawsuits against minors.

Is It Worth My Time to Sue a Minor?

There is no question it is much harder to collect compensation from a minor. Even if the court levies a wage garnishment when they get old enough, victims may have to wait quite a long time to get compensation. This may make victims wonder if it’s worth it.

First, there is the principle of the matter. Abusers need punishment and the court will help you get compensation from them for as long as it takes for them to pay off what you’re owed. Without a lawsuit, the abuser may think they can get away with further acts, especially at a young age.

Second, their parents may be a better route to compensation than the minor. In some cases, an institution like a school might hold some liability. If they share liability, this will make it much easier to collect compensation quickly.

Conclusion

Though it is horrifying to think about, some minors do commit sexual abuse. The law lets victims sue them despite their young age in many cases. To learn your legal options after a minor abuses you, please contact Morelli Law immediately for advice.