Sexual Abuse Litigation

Massachusetts provides robust legal protections for survivors of sexual abuse. Under federal and state laws, survivors have the right to a safe workplace free from sexual harassment – for instance, Title VII (federal law) and Massachusetts General Laws Chapter 151B prohibit sexual harassment and protect employees from retaliation for reporting it. Survivors also have the right to pursue justice through both the criminal and civil systems: they can report sexual assault to law enforcement for potential criminal prosecution, and they can simultaneously file a civil lawsuit for damages against the perpetrator. Recent legislation in Massachusetts (the Adult Survivors Act) even opened a special window that allows certain survivors to file civil claims for historical sexual abuse, even if the usual statute of limitations had already expired. These laws ensure that survivors in Massachusetts can hold abusers accountable and seek justice and compensation with the guidance of appropriate legal representation.

Yes. Massachusetts enacted the Adult Survivors Act to give survivors of sexual abuse an opportunity to pursue civil claims even if a long time has passed since the abuse. This law provides a special window of time for survivors of historical sexual misconduct to bring a lawsuit after the normal statute of limitations would have expired. For example, if you were previously barred from suing because the deadline passed, the Adult Survivors Act might now allow your case to proceed. Each situation is unique, so it’s important to consult with a Massachusetts sexual abuse lawyer who can evaluate whether your case falls under this law and help you navigate the process of filing a claim.

Yes. Survivors can hold not only individual abusers accountable, but also institutions or employers that enabled, ignored, or covered up the abuse. Massachusetts civil law permits lawsuits against schools, companies, religious organizations, youth programs, and other institutions if their negligence or misconduct allowed the abuse to happen. For instance, an employer that failed to act on reports of workplace sexual misconduct or a university that ignored complaints about a predatory coach could be found liable for the harm to survivors. Survivors may bring claims such as negligent hiring or supervision, or argue the institution had a duty to protect them. In practice, this means you might sue both the perpetrator and an enabling institution – for example, holding a church or school responsible if it knew about a clergyman or teacher’s abuse and did nothing. Through litigation, a survivor’s legal team can shine a light on these systemic failures and seek accountability and reforms, not just monetary damages. By pursuing institutional accountability, survivors help ensure those in positions of power fulfill their duty to protect others in the future.

For survivors of sexual abuse, the civil litigation process typically begins with a private consultation with an attorney and an investigation of the facts. If you decide to proceed, your attorney will file a civil complaint (lawsuit) in court detailing the allegations against the perpetrator (and any responsible institutions). The defendant(s) then respond, and the case enters the discovery phase, where both sides exchange evidence, documents, and witness testimony. Many sexual abuse cases are resolved with a settlement before trial, but if no settlement is reached, the case would go to trial before a judge or jury who will determine liability and assess damages. Throughout this process, a trauma-informed attorney will advocate on your behalf, handle the legal complexities, and seek to minimize re-traumatization – for example, by managing any direct interactions with the defendant and by asking the court to keep sensitive information confidential. Importantly, Massachusetts law allows survivors to proceed under a pseudonym (such as Jane Doe) in many cases to protect their privacy and identity during litigation. The goal of the civil process is to hold wrongdoers accountable and obtain compensation for the harm you’ve suffered, while ensuring you feel safe and supported as the case moves forward.

AI-enabled sexual exploitation – such as the creation or sharing of explicit deepfake images or videos without someone’s consent – is an emerging form of abuse, and both criminal and civil laws are evolving to address it. In Massachusetts, it is now a criminal offense to knowingly distribute intimate images (including AI-generated sexual images or videos) of someone without their consent. Survivors of this kind of abuse also have civil legal options. A federal law passed in 2022 allows victims of non-consensual pornography to sue in federal court for damages and to stop further distribution of their images. Depending on the circumstances, survivors can pursue civil claims for invasion of privacy, intentional infliction of emotional distress, defamation (if the deepfake falsely portrays the person and harms their reputation), or other applicable causes of action. Courts can issue orders to have the illicit content taken down and to prevent it from being shared further. In short, if someone has used AI technology to create or spread sexually explicit material of you without consent, there are legal remedies available to hold them accountable and protect you from ongoing harm. A survivor’s legal team can leverage these new laws to seek justice and make sure perpetrators of digital sexual abuse face consequences.

Absolutely. Survivors of sex trafficking – even those harmed by powerful individuals or organized networks – have strong legal recourse under both state and federal law. The federal Trafficking Victims Protection Act (TVPA) provides a civil cause of action that allows victims of sex trafficking to sue their traffickers (and those who facilitated or financially benefited from the trafficking) for damages in federal court. Massachusetts authorities can also criminally prosecute traffickers, and survivors may bring civil claims under state law against any complicit parties – including corporations or institutions that turned a blind eye to or profited from the exploitation. High-profile status or wealth does not exempt offenders from liability: for example, associates of an infamous trafficker were recently sued in federal court for participating in and enabling a sex-trafficking scheme. An experienced attorney can help navigate these complex cases, often using a combination of federal statutes like the TVPA and state tort laws to hold all responsible parties accountable. Survivors of trafficking and elite-network abuse in Massachusetts should know that the legal system offers paths to justice and compensation, no matter how influential the perpetrators may be.

Yes. Professionals who perpetrate sexual abuse can be held accountable in civil court, and survivors often have additional claims related to the breach of trust. When a person in a position of trust or authority – such as a physician, therapist, coach, clergy member, or employer – abuses that position to commit sexual misconduct, the law recognizes not only the assault but also a violation of the fiduciary duty or special responsibility that professional owed to the survivor. In Massachusetts, for example, a doctor or counselor who sexually exploits a patient could face a civil lawsuit for the abuse itself (as an assault and battery) and for professional malpractice or breach of fiduciary duty arising from the betrayal of trust. Such a lawsuit seeks damages for the harm caused, including the survivor’s emotional trauma, physical injuries (if any), and costs of recovery. In some cases, the employer or institution associated with the professional may also be liable – for instance, a hospital or clinic might be sued if it failed to properly supervise a doctor who abused patients. By pursuing a civil claim, survivors can demand accountability from the individual wrongdoer beyond any professional disciplinary actions, ensuring the abuser is held financially responsible for misusing their position of trust.

Yes – individuals who report sexual misconduct are protected by law from retaliation. Both Massachusetts law and federal law make it unlawful for an employer or institution to punish someone for coming forward with a complaint of sexual harassment or abuse. This means if you report sexual harassment in the workplace or expose abuse within an organization, your employer cannot legally fire you, demote you, cut your pay, or otherwise retaliate because of your report. Whistleblowers who expose sexual abuse or cover-ups in companies, schools, or government agencies are similarly shielded – for example, attorneys can help whistleblowers invoke laws that protect them when they disclose wrongdoing in good faith. If retaliation does occur, the survivor or whistleblower can file an additional legal claim for the damages caused by that retaliation. The bottom line is that the law encourages people to speak out against sexual misconduct by ensuring they won’t be penalized for doing the right thing. If you have reported abuse and fear retribution, a lawyer can advise you on your rights and help you take action if any retaliation happens.

Survivors of sexual abuse can seek several forms of compensation (known as damages) in a civil lawsuit. These typically include economic damages to cover financial costs resulting from the abuse – for example, medical bills for any physical injuries, the cost of therapy or psychological counseling, and lost wages or lost career opportunities if the trauma affected the survivor’s ability to work. Survivors can also pursue non-economic damages for the intangible harm they suffered, such as pain and suffering, emotional distress, and loss of enjoyment of life. Courts recognize that sexual trauma can have deep and long-lasting psychological effects (like PTSD, anxiety, or depression), so damage awards often account for the need for ongoing counseling and support. In some cases, punitive damages may be awarded as well – these are meant to punish particularly egregious misconduct and deter the offender and others from similar behavior in the future. (Punitive damages are relatively rare and depend on the specifics of the case and applicable law; they are not guaranteed in every case.) Ultimately, any compensation recovered is meant to help the survivor heal and rebuild their life – by covering expenses, providing financial security, and acknowledging the harms suffered. While no amount of money can erase the trauma of sexual abuse, civil compensation can offer a measure of justice and support for survivors as they continue their recovery.

Protecting survivor privacy is a top priority in sexual abuse litigation. Massachusetts courts do permit survivors of sexual assault to file civil lawsuits under pseudonyms (for example, Jane Doe or John Doe), which means your real name can be kept out of public court records in many cases. Judges understand the sensitive nature of these cases and will often grant confidentiality measures to avoid further trauma – for instance, a court might agree to seal certain filings, limit what details can be made public, or allow testimony to be given in a closed courtroom. Your attorney can request these protections on your behalf. Our firm also takes care to handle cases in a trauma-informed and discreet manner – we routinely ask the court to anonymize our clients’ names and we prioritize confidentiality in all communications. In fact, our Boston legal representation for survivors emphasizes privacy and compassion at every step, so that you can pursue justice without fear of public exposure. While no legal process is entirely private, there are strong safeguards in place to shield your identity and personal details as much as possible throughout a sexual abuse case.