Sexual abuse can take a severe toll on your emotional and physical well-being. Rosenfeld Injury Lawyers is committed to supporting sexual abuse survivors as they navigate their legal options.
There have been many cases of clergy sexual abuse in Worcester [1], and if you have been a victim of that or any other type of sexual abuse, we are here to help you secure justice and compensation for your pain and suffering.
WE ARE ONLY ACCEPTING SEXUAL ABUSE CASES INVOLVING INSTITUTIONS.
IF YOU HAVE A MATTER INVOLVING A RELATIVE OR ACQUAINTANCE, PLEASE CONTACT YOUR LOCAL BAR ASSOCIATION
Why Choose Rosenfeld Injury Lawyers
Rosenfeld Injury Lawyers is committed to receiving the highest compensation for our clients in Worcester. If you have suffered from sexual abuse, we will help ensure that medical expenses, therapy costs, lost wages, and pain and suffering are fully addressed.
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Our compassionate and experienced legal team thoroughly investigates each claim to achieve substantial settlements for our clients. With a proven track record of success, we fight relentlessly to protect your rights. Our focus is on the legal process, which can help you prioritize your attention on healing and financial recovery.
Understanding Sexual Abuse and Assault
Sexual abuse and assault are not explicitly defined under Massachusetts law. Instead, they fall under more general categories, namely abuse, indecent assault and battery, and rape.
- Sexual abuse: These types of behaviors can instill fear of imminent serious bodily harm or cause another to involuntarily engage in sexual relations under coercion, force, or threat. This applies to acts between family or household members, including significant others, former partners, or those that are previously related.
- Indecent assault and battery: Indecent assault and battery involve inappropriately touching anyone else. These crimes include touching someone’s buttocks, abdomen, private parts, etc.
- Rape: Sexual intercourse with a person by force or against their will, including child sexual abuse and sexual abuse between adults.
Sexual abuse is about a lack of consent and power. A person wants to abuse their position of power to seek sexual gratification from their victims. Survivors in Worcester of sexual crimes can seek justice for these types of crimes, and the consequences and compensation you receive will vary based on the severity.
Common Forms of Sexual Abuse
Sexual abuse can be all-encompassing of inappropriate sexual behavior, and there are some common forms that you can look out for.
- Rape: Forced, non-consensual intercourse. It is often a violent crime, where threats, manipulation, and other inappropriate behaviors may occur. Rape is explicitly covered by name under Massachusetts law.
- Dating and Domestic Violence: Sexual abuse between intimate partners within committed relations. These could be current or former partners. This is a lesser-known form of sexual abuse because many victims may not know it exists. Because they previously consented to sexual activity, they may not know it’s possible to be abused. This is especially true if they are still with the abuser.
- Stalking: A pattern of behavior when one individual constantly harasses and follows another person. As part of the behavior, the perpetrator may even share threats or sexually explicit material in conjunction with the stalking.
- Child sexual abuse: Abuse of a minor by another minor or abuse of a minor by an adult. This can be inappropriate touching or non-contact sexual activities, including sexual exploitation, exposing oneself, or sharing explicit material with minors. There are specific provisions for child sexual abuse under Massachusetts law to help affected parties gain clarity on what it entails, significantly if you were impacted by clergy abuse in Worcester.
Sexual abuse can occur even if no physical activity has occurred. This includes if you have been verbally or visually sexually assaulted. Remember, if you did not consent to the sexual activity, it can be considered sexual assault in Worcester.
Institutions Where Sexual Abuse Is Most Likely to Occur
There are institutions where sexual abuse is most likely to occur in Worcester. This is based on the power dynamics in play. We are well versed in these situations and are prepared to handle cases in:
- Workplace: Professional settings create an environment packed with power imbalances, such as between a boss and an employee. This leaves the door open for sexual harassment and assault.
- Inpatient treatment facilities: Rehabs and mental health centers must make sure every patient is adequately supervised, or they can be held liable for sexual assault.
- Correctional facilities: Relationships between guards and prisoners involve a power imbalance. Inmates may not say no or report the assault because they fear retaliation.
- Foster care system: Foster parents must pass background checks, but some individuals can fall through the cracks, putting children in danger.
- Daycare facilities: Places of care for children or adults with special needs of any age are liable for sexual abuse if they do not adequately supervise those in charge or perform background checks.
- Long-term care homes: Facilities like nursing homes treat vulnerable populations. Doctors may commit medical sexual abuse via inappropriate touching or unnecessary exams. Nurses or aides are in a position of power over residents, creating the foundation for sexual abuse.
- Educational institutions: Schools must perform appropriate background checks and properly supervise children to ensure they are not in danger. This includes child-on-child sexual abuse.
- Religious institutions: Many clergy abuse cases have come to light in Worcester, calling for stricter protocol regarding clergy members accused of sexual abuse having contact with children.
- Sports clubs: Coaches may use training sessions to groom children or as an excuse to inappropriately touch them. Clubs must ensure that those who volunteer undergo proper background checks to ensure it is safe for them to be around children.
- Military institutions: Members and civilians who serve in any branch of the armed forces are at risk for sexual abuse due to the drastic power imbalance seen in the military, such as commanders being in charge of an entire unit. Soldiers are often forced to obey those in charge or face consequences.
- Hospitality industry: Short-term rentals like AirBnB may be located near sexual predators or have hidden cameras. Always review the area you’re staying in before booking a short-term rental to ensure you’re safe.
- Shelters: Homeless shelters contain many power imbalances, including the one seen between case managers and vulnerable residents.
- Medical field: Medical professionals can use their position to commit sexual abuse. Watching patients undress, asking uncomfortable and unnecessary questions, and inappropriate touching are all common in medical facilities.
Sexual abuse can occur anywhere, and it is not limited to the above institutions. Additionally, anyone can sexually abuse you, even someone you previously trusted or were in a relationship with. We can help you navigate your legal options if you are a survivor.
Steps to Take If You Are a Victim of Sexual Assault
Victims of sexual assault in Worcester should take the following steps.
- Take immediate steps to ensure your safety and well-being. This may mean leaving a dangerous situation or seeking assistance. You need to take care of yourself first.
- Document the abuse. It’s so crucial that you write down everything you can remember about the assault, including what happened, who did it, where it occurred, and so on. If possible, take pictures. No details are too small as you are looking to build a case against your abuser.
- Find a seasoned sexual abuse lawyer like Rosenfeld Injury Lawyers. We review your evidence and make initial recommendations based on your case. Our consultation is free, and we will walk you through what you can expect at every step of the legal process so there are no surprises.
- Survivors in Worcester can seek support from local groups such as Pathways for Change, New Hope Inc., and Living in Freedom Together.
You are not alone as you navigate life after sexual assault. Resources available can help you navigate the traumatic healing process.
Compensation for Sexual Abuse Victims
There are different types of compensation available for sexual abuse victims, and you can recover compensation in the following areas for past, current, and future damages.
- Medical expenses: STI medication, examinations, and the hospital visit following the incident are all examples
- Mental health expenses: Mental health treatment, including medication to treat PTSD symptoms, counseling, and more
- Pain and suffering: The effects of sexual abuse can last years and may include autoimmune conditions, anxiety disorders, and loss of enjoyment of life
- Emotional distress and trauma: Emotional distress can make it challenging to live your life, go to work, or have future relationships
- Lost wages: Emotional distress can lead to lost wages or losing your job
- Punitive damages: Punitive damages can help deter the abuse from happening again, especially in institutions
As long as the issue you seek damages for is related to our assault, you are eligible for compensation. The specifics of what you qualify for depend on your particular case. Factors that will come into play are:
- How severe the abuse was
- How long the abuse occurred
- Impact on the victim
- How old the victim was
- Evidence available
We work hard to help you receive maximum compensation. Our professional team of lawyers will carefully review your case, providing expert legal advice every step of the way.
Liability in Sexual Abuse Cases
Liability is a critical component of sexual abuse cases. It is how we prove responsibility for the sexual violence that took place. Individual perpetrators and institutions can be held liable. Institutions and third parties can be held vicariously liable. They may not have committed the action but are still responsible for it based on various factors.
Institutions can be held liable in a few different areas. They include but are not limited to, the following:
- Negligence in preventing abuse: Third parties are liable when they don’t perform background checks, exposing people to known predators. They can also fail to provide necessary supervision, creating the ideal environment for abuse.
- Failure to report incidents: Not correctly reporting the incident to protect victims makes institutions liable.
- Inadequate response to complaints: Institutions and third parties must treat every claim as true. Failure to do so can put victims in danger.
Institutions can also be held liable under Title IX if federally funded.
This is a federal statute that prohibits discrimination against protected characteristics. This includes sex and extends to sexual harassment. Federally funded institutions in Worcester could lose their funding if they are found liable for sexual abuse under Title IX, which is why they should take these types of claims seriously.
The power dynamic can contribute significantly to sexual abuse cases, especially at institutions that people often trust, like schools or religious institutions. If the third party did not take reasonable precautions against sexual abuse, they can be held liable for what happened to you. You had a reasonable expectation of safety, and they did not provide it.
How to Prove a Sexual Abuse Case
There are steps that we will take to establish liability in a sexual abuse case. They include:
- Gathering evidence: We sort through the information you provided and gather new information to help us build a case against the institution.
- Proving negligence or intentional misconduct: Based on the evidence we collected, we recommend how we will proceed with the case, including what grounds we will use to prove liability.
- Link abuse with harm suffered: Now that we know how we plan to move forward, we will look to prove that the abuse caused significant harm in your life. That is how we will determine the compensation and damages we will seek.
Rosenfeld Injury Attorneys can help you navigate the complexities of proving liability. We provide the legal guidance to help prove your case and represent you in court. Our job is to help you build a strong case and win compensation.
How Our Worcester Sexual Abuse Lawyers Can Help
Our Worcester sexual abuse lawyers are here to help you through the daunting legal process.
- We help you understand your options, providing a free confidential consultation to outline potential courses of action based on the circumstances of your case.
- We help you build your case, gather additional evidence, and investigate on your behalf.
- We help represent you, acting as your voice during all legal proceedings.
The Time Limits for Filing a Claim in Worcester, MA
There are different statutes of limitations for sexual assault in Worcester, depending on the type of sexual abuse that occurred and how old you were when the abuse happened.
- Child sexual abuse: Massachusetts General Laws Chapter 260 § 4C states the statute of limitations is 35 years after the final act of abuse or within seven years of discovering damages as a result of abuse, whichever is later. This often applies to victims of clergy abuse.
- Adult sexual abuse: The statute of limitations is three years from when the abuse occurred.
The Massachusetts statute of limitations may confuse some, so you must seek legal support to determine whether you have a case.
Contact a Worcester Sexual Abuse Lawyer Today!
Victims of sexual abuse in Worcester deserve to seek justice and receive compensation for the crimes that were perpetrated against them. At Rosenfeld Injury Lawyers, we help when you are ready to pursue legal action. Our experienced attorneys can help you get the maximum settlement and start the healing process.
Contact us at (888) 424-5757 or by filling out a contact form on our website today for a free consultation. Reach out to us today to get started!
Related Practice Areas
- Boston Sexual Abuse Lawyer
- Cambridge Sexual Abuse Lawyer
- Lowell Sexual Abuse Lawyer
- Springfield Sexual Abuse Lawyer
Resources: [1] Worcester Diocese