Individuals who have experienced sexual assault or abuse can file a civil lawsuit for sexual battery, provided the incident involved non-consensual physical contact of a sexual nature. The victim of the assault or abuse serves as the plaintiff in the case. Additionally, in certain situations, the spouse of the victim may also act as a plaintiff and pursue a separate claim for loss of companionship (loss of consortium).

Recent legislation has enhanced avenues for justice and compensation for victims of sex crimes, allowing them to come forward even years after the incident.

While there are limited exceptions, deadlines for filing lawsuits are significant and should be observed diligently.

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While the primary defendant in a sex abuse lawsuit is typically the individual who committed the abuse or assault, suing the abuser may not always be practical if they lack the financial means to pay damages or if they are deceased, especially in cases of childhood sexual abuse.

Thankfully, the abuser is not the sole potential defendant in such cases. If the sexual abuse or assault occurred within an institution such as a school, church, hospital, or other facility, that institution can potentially be held accountable for civil damages, especially if the abuser was an employee of the institution.

For instance, if a survivor experienced sexual abuse by their driver while using a rideshare application, they can file a sexual abuse lawsuit against the rideshare app.

In sexual assault lawsuits, any third party (other than the abuser) can be held liable if their negligence contributed to the occurrence of the assault or abuse. Negligent security cases, college campus assaults for example, often involve the College/University being sued for failing to provide adequate security measures like cameras, lighting, and on campus security guards.

While various factors may influence a survivor's decision not to report or cooperate with criminal charges against their abuser, survivors of sexual abuse or assault aren't obligated to initiate criminal proceedings before pursuing a civil lawsuit against their abuser. They have the right to file a civil suit for sexual assault, regardless of whether they reported the abuse to law enforcement. 

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