Sexual Assault and Abuse Claims

The psychological impact of crime including sexual abuse and assault varies substantially from individual to individual.  And while most victims are resilent and many victims recover on their own, some victims develop persistent problems that may last a lifetime.  Statistics show that 80% of victims of sexual abuse are under the age of 18.  Of those, between 20% and 30% are women and between 10% and 15% are men.  Furthermore, while there is a difference between being affected and being substantially harmed, interpersonal crimes such as these have the strongest psychological impact.

For those individuals who do not quickly return to baseline or fail to recover within months without treatment, the persistent effects of sexual abuse can result in an extreme or significant acute response that results in either no recovery or continued deterioration.  These acute responses can be (1) crime-specific psychological conditions such as Post Traumatic Stress Disorder (PTSD), (2) Non-specific psychological conditions such as substance abuse disorders, depression, or other conditions with multiple pathways, (3) exacerbation of pre-existing conditions, or (4) personal and crime specific factors that interact to produce individual consequences.

Post Traumatic Stress Disorder (PTSD) is a trauma specific diagnosis that requires exposure to trauma and subjective experience of fear/horror/helplessness that results in impairment.  Considered a "failure to recover" it is often co-morbid with other conditions such as depression and other anxiety related disorders.  If it lasts for more than 6 months, it is considered chronic and often requires treatment for recovery and may persist for many years.  Risk variables for the individual may include gender, temperament or constitutional characteristics, prior psychiatric history or prior trauma.  Crime specific variables may include the severity of the crime, perceived life threat, shame, and exposure to multiple episodes over extended periods of time.

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Library for Sexual Assault and Abuse Claims:

• Article: Effects of Domestic Violence on Children and Adolescents   
  Description: In an article by Joseph Volpe, Ph.D., the definition of domestic violence, its prevalence in today's society and its traumatic effects on children and adolescents are discussed
• Article: Dissociative Symptoms in Children and Adolescents [PDF]   
  Description: Dissociative Symptoms also known as Mutliple Personality Disorder is discussed
• Article: Post Traumatic Stress Order Study   
  Description: Millions of children are exposed to traumatic experiences each year. Over thirty percent of these traumatized children develop a clinical syndrome with significant emotional, behavioral, cognitive, social and physical symptoms called post-traumatic stress disorder (PTSD). The symptoms of PTSD fall into three main clusters: 1) re-enactment of the traumatic event in play, dreams or behaviors; 2) avoidance of cues associated with the event or general withdrawal and 3) physiological hyper-reactivity manifesting as hypervigilance, sleep problems, anxiety and cardiovascular reactivity. Significant physical and medical problems in childhood, adolescence and adulthood appear to be related to childhood trauma. Few treatment outcome studies exist for childhood PTSD. Current treatment approaches include post-acute psychoeducation, individual psychotherapy, pharmacotherapy and cognitive-behavioral therapy. Despite increasing attention over the last ten years, childhood PTSD remains an understudied public health problem.
• Article: Treating Abuse Victims for Substance Abuse Problems   
  Description: Substance abuse is a chronic and relapsing condition. It is often associated with problems in physical, psychological, emotional, spiritual, and social functioning (Brown, 1998; Landry, 1994). These problems are not likely to be the result of one specific cause but rather the result of an accumulation of factors that clients have faced in their lives (Luthar and Walsh, 1995). Risk factors associated with substance abuse disorders include histories of childhood abuse and neglect (Carlson, 1997). In fact, a recent study found that adults with histories of child abuse have an increased likelihood of heart disease, cancer, and chronic lung disease, as well as greater risk for alcoholism, drug abuse, depression, and attempted suicide (Felitti et al., 1998).
• Article: The connection between sexual abuse and dissociation   
  Description: OBJECTIVE: This study investigated the role of dissociation as a mediator of mental health outcomes in children with a history of sexual abuse. METHOD: The study group consisted of 114 children and adolescents (ages 10–18 years) who were wards of the Illinois Department of Children and Family Services and were living in residential treatment centers. Interviews, provider ratings, and chart reviews were used to assess the relationship of childhood abuse history, dissociative responses, and psychopathology. RESULTS: Sexual abuse history was significantly associated with dissociation, whereas a history of physical abuse was not. Both sexual abuse and dissociation were independently associated with several indicators of mental health disturbance, including risk-taking behavior (suicidality, self-mutilation, and sexual aggression). Severity of sexual abuse was not associated with dissociation or psychopathology. Analysis of covariance indicated that dissociation had an important mediating role between sexual abuse and psychiatric disturbance. These results were replicated across several assessment sources and varied perspectives.
• Pennsylvania Superior Court Considers Statute of Limitations Extension for Child Sexual Abuse Victims   
  Description: the Pennsylvania legislature extended the statute of limitations for victims of childhood sexual abuse in 2002 up to the age of 30. For cases of abuse that occurred before the law was changed, there is a dispute whether any victim, regardless of when the abuse took place, has until the age of 30 within which to bring a lawsuit. The Superior Court considers that issue in John Doe v. Archdiosese of Philadelphia
• When your son or daughter has been sexually abused by a teacher, you need to know your rights and what can be done about them   
  Description: Crime Victims of Sexual Abuse by Teachers have a variety of legal theories of liability in order to seek damages against both the teacher and school districts and administrators. Damages assessed against abusers may include compensation for past and future medical treatment including psychotherapy, loss of future income, pain and suffering, mental anguish, special housing and school.
• Victims of Clergy Sexual Abuse can bring claims under a number of causes of action   
  Description: Victims of crime perpetrated by clergy through sexual assault and abuse may pursue claims under various theories of liability including sexual abuse/battery as defined by the criminal codes, adult exploitation, mandatory reporting acts, violation of the penal code, failure to protect, failure to supervise or negligent retention, failure to warn, breach of fiduciary duty, fiduciary fraud, conspiracy, RICO violations, vicarious liability, and ratification.
• Constitutional Law Professor, Marci A. Hamilton, from the Benjamin N. Cardozo School of Law Sets Forth Legal Arguments Against Statutes of Limitations in New Book   
  Description: The Statutes of Limitations for Sexual Abuse should be eliminated altogether and a window of opportunity should be afforded victims of past abuses where the statute of limitations has already expired. Legislators would be well served to ignore the barriers set up by the insurance industry, the Catholic Church, teachers' unions, criminal defense attorneys and an uninformed public. Ultimately, crime victims of sexual abuse will be served, and society in general will ultimately benefit from the benefits of a watchful legal community.

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