Child sex abuse is one of the worst and most terrible things that can happen to a developing individual. Even the most modern and developed countries are facing such crimes. The person who sexually abuses a child is often a person close to the child such as a relative, parent, step-parent, teacher, friend).
Speaking of child sex abuse, it can occur in various forms such as sexual touches, penetration or oral sex, exposing the child to pornography, taking inappropriate photos of a child for personal use or distribution, and so on.
These types of traumas may remain with the person for life. Dealing with such cases is a challenge, but it’s always a good idea for the victim to report the crime. Children must be protected at all times and have the right to a free and careless childhood.
If you’re facing charges for such crimes, you’re facing a serious challenge that you might not be able to fight yourself. Seek a New Mexico criminal defense attorney as soon as possible.
The Parents Will Sue
In case the victim sues the sexual harasser, things will become very nasty. They will hire their own attorney and the court will not be fond of the predator.
The parents will represent the child, so they will report and sue the predator for physical and emotional harm.
Going in court by yourself would mean losing the case almost instantly.
Causes of Action in Child Sex Abuse Case
Civil lawsuits aren’t called “child sex abuse.” Most of them are personal injury lawsuits because this way the plaintiff has a bigger chance of winning the case. In such circumstances, the parents and the abused child aren’t looking for money. They’re suing to get justice on their side and to put the abuser in jail for a long time.
Who Is Liable in a Child Sex Abuse Case?
Besides the harasser, other people too can be found liable in such cases. For instance, if the harassment happened at school, teachers may be at fault for being negligent and not noticing that something terrible is happening with the child. Also, the school may be liable for hiring such careless teaches who failed to do their job. The principal can get a lawsuit for negligent hiring as well. A child sex abuse suit can have serious fallout to many individuals involved.
Parents or guardians can file a civil child sex abuse lawsuit. They need to file a complaint in the civil court and seek the jury to grant them damages for therapy, lost wages, pain, and suffering.
They can sue the perpetrator’s employer or other parties that knew about the case but didn’t report it, nor anyhow stopped the molestation.
Schools, principals, churches, daycares, or other organizations can get the lawsuit. In New Mexico, there’s a penalty for failure to report any suspected abuse and can be up to one year in prison and a fine of up to $1000.
The perpetrator can face the following penalties:
- Child abuse of a child without death – this abuse leads to great bodily harm and is a first-offense for the parent or caretaker (it is a third-degree felony). A second-degree felony will follow for subsequent offenses. If the abuse ends with great bodily harm, the parent or caregiver can get a first-degree felony charge as well.
- Death of the child – If the child dies, the defendant can face a first-degree felony for the child’s assassination.
Hire a Good Attorney
If you are anyhow involved in a child sex abuse case (even if you’re a teacher, caregiver, parent, school principal who failed to report or stop the abuse) you can face a lawsuit.
For that matter, you will need a skilled criminal defense attorney. Such cases are never easy and you should always go to court prepared. No matter how you are connected to the case (especially if you didn’t know about the abuse) you will need a good lawyer to prove that to the judge and the jury.
Just like the other side will have a skilled attorney who will do their best to win the case, you too should have a suitable defense that will stand by your side. Such cases aren’t easy, and you may easily end up with harsh penalties.
If you’re looking for a crime against a children’s defense attorney who has experience and knowledge, let our team at FBD Law take care of your case. Schedule your first consultation and we’ll review your case for free.
Allow us to represent your case in court and help with everything.