Defending Against Civil Sex Abuse Lawsuits

A criminal defendant has a constitutional privilege against self-incrimination. The defendant generally cannot be forced to testify against themselves, and the prosecution ordinarily cannot require the defense to disclose the defendant’s anticipated trial testimony in advance.

During the pretrial phase of a civil lawsuit, a defendant may be required to answer written questions, produce documents, and give a deposition. If the defendant invokes the right against self-incrimination, a civil jury may sometimes draw a negative inference.

This creates a difficult choice when civil and criminal cases are pending simultaneously. Answering questions in the civil case may affect the criminal defense, while refusing to answer may harm your chances in the civil case. The attorneys handling both matters should coordinate before the defendant provides testimony or written responses.

Depending on the circumstances, defense counsel may ask the civil court to pause some or all proceedings while a related criminal investigation or prosecution remains pending. A stay is not automatic. The court may consider the overlap between the cases, the stage of each proceeding, the risk of prejudice, and the interests of the parties. Marshall & Saunders can evaluate whether requesting a stay or another protective measure is appropriate.

Schools, businesses, camps, religious organizations, residential programs, and other institutions may face liability claims arising from claimed actions and conduct by an employee, volunteer, contractor, or other person placed in a position of authority.

The plaintiff may allege negligent hiring, supervision, retention, reporting, or failure to respond to prior warning signs. The institution may dispute that it knew or should have known of any risk, breached a legal duty, or caused the plaintiff’s claimed harm.

A defendant’s spouse may also be named in a civil sexual abuse lawsuit. The plaintiff may allege that the spouse knew or should have known about a risk and failed to intervene, protect the plaintiff, or warn others.

Marriage alone does not establish liability. The plaintiff must prove that the spouse had an applicable legal duty, breached that duty, and caused recoverable harm.

If the person accused was younger than 18 when the claimed conduct occurred, the plaintiff may also name that person’s parents. The plaintiff may claim negligent supervision, failure to protect, or failure to warn.

The parents may dispute that they knew of a risk, owed any duty, acted unreasonably, or caused the plaintiff’s injuries.

Insurance may help cover the cost of defending or resolving a civil sexual abuse claim. A defendant should promptly identify any potentially relevant homeowners, renters, umbrella, commercial, or institutional policies.

Intentional sexual conduct is commonly excluded, but negligence claims against a spouse, parent, employer, or institution may be treated differently. Coverage depends on the policy language, policy period, identity of the insured, and claims asserted, so an attorney should review the policies before the defendant assumes no coverage is available.

Civil sexual abuse judgments vary based on the claimed conduct, the supporting evidence, the claimed injuries, and the defendant’s financial circumstances.

If a judgment is entered, the plaintiff may use Washington collection procedures to pursue nonexempt property or income. The practical effect depends on the judgment amount, asset ownership, existing liens, and available exemptions.

There may be some protection for the defendant’s home if a judgment has been won. Washington law provides a homestead exemption based on the greater of $125,000 or the preceding calendar year’s county median sale price for a single-family home. The protection available depends on the property, ownership, liens, statutory exceptions, and collection procedures.

Settlement may provide greater control over payment while avoiding some of the expense, delay, and uncertainty of continued litigation.