Childhood Sexual Abuse Case: Compensation, Justice, and Your Legal Rights

Sexually abused child, depressed and staring off into the darkness. Visual for a blog discussing childhood sexual abuse and seeking justice.

Victims of childhood sexual abuse can file a civil lawsuit to seek compensation for the physical and psychological injuries they suffered. A civil lawsuit offers childhood sex abuse victims the best chance at recovering compensation. Depending on your circumstances, you may be entitled to compensatory or punitive damages, not just from your abuser, but from third parties like schools, churches, and other organizations that enabled or covered up the abuse.

Money damages recovered in a civil lawsuit can be used to pay for the cost of medical care, counseling, lost wages, mental anguish, grief, and other physical and psychological injuries a childhood sex abuse victim may have experienced.

Recovering the compensation you deserve is rarely straightforward, especially in cases of childhood sexual abuse. At Robenalt Law, we know it can be difficult to pursue a legal claim against someone who caused you harm and emotional pain. Ohio sexual abuse attorney Tom Robenalt and his legal team have extensive experience representing victims of childhood sexual abuse. We guide our clients through the legal system and serve as zealous advocates as we help them seek justice.

Calculating Damages in a Sex Abuse Case

In a civil lawsuit, a victim of childhood sexual abuse can seek financial compensation from their abuser and others who enabled or covered up the abuse. While there is no formula for calculating damages in a sex abuse lawsuit, victims of childhood sex abuse are entitled to compensation for:

  • The cost of medical and therapy treatment
  • Damage to family relationships
  • Lost wages
  • Psychological damage
  • Pain and suffering

Punitive Damages in Childhood Sexual Assault Cases

Victims of childhood sexual abuse may also be entitled to punitive damages, which are awarded in a civil lawsuit to punish a defendant and deter harmful conduct from happening again. Punitive damages can be awarded in cases where the defendant’s conduct was particularly egregious, such as in cases of gross negligence, intentional conduct that causes injuries, or those that involved criminal activity.

Ohio Recently Eliminated Damage Caps for Psychological Injuries

Through so-called “tort-reform” laws, Ohio has imposed limits on the amount of punitive damages an injury victim can receive. Sexual predators were allowed to avoid liability for punitive damages by hiding behind these tort-reform laws.

In 2022, the Ohio Supreme Court decided Brandt v. Pompa, ruling that victims of childhood sexual assault who suffered permanent psychological injuries are entitled to damages without a cap on how much they can receive. The defendant, Roy Pompa, sexually abused Amanda Brandt during sleepovers with Pompa’s daughter when Brandt was 11 and 12 years old. Pompa was convicted of 93 counts of criminal sex abuse, including 17 counts of rape and 21 counts of gross sexual imposition. He was sentenced to life in prison without parole.

At trial, Ms. Brandt was awarded $20 million for noneconomic damages for her mental anguish that resulted from sexual abuse and exploitation, including heroin overdose, severe, lifelong anxiety, and homelessness. Her award was reduced to $250,000 because her injuries were psychological rather than permanent physical ones.

Brandt appealed the reduction of damages to the Ohio Supreme Court. In 2022, the Court ruled that “caps on ‘noneconomic damages’ should not be imposed on judgments awarded to child victims ‘who suffer traumatic, extensive, and chronic psychological injury as a result of intentional criminal acts and who sue their abusers for civil damages.’”

Ohio Statute of Limitations on Child Molestation Claims

Under Ohio law, a victim of childhood sexual abuse can file a lawsuit anytime up to age 30. Robenalt Law recently obtained a significant opinion in the Franklin County Court of Appeals where the Court found that the statute of limitations until age 30 applied against the perpetrator of the offense and all other responsible parties, including a private school that employed the perpetrator and which should have prevented the abuse. The time limit can be even longer in cases where facts are fraudulently concealed.

In September 2022, President Biden signed a law eliminating the statute of limitations for federal claims by people who were sexually abused as children.

Contact Robenalt Law Today

If you or someone you love suffered from childhood sexual abuse, Robenalt Law can help you recover the compensation you deserve. With offices in Columbus and Cleveland, we handle childhood sexual abuse cases throughout Ohio and nationwide.

Call our Cleveland office at (216) 223-7535 or our Columbus office at (614) 695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.

Categories: Sexual Abuse