Attorneys Fighting for Victims of Sexual Violence
Sexual violence is a difficult crisis for both women and men, and unfortunately affects many children as well.
Victims often remain silent out of fear, reliving the incident, shame, humiliation, manipulation, further abuse, public shaming, family/friend ties, embarrassment, worrying if they will be believed, judgement, social blaming, isolation, and so many other reasons. Some may think they face an impossible battle with an undesirable outcome and think it’s pointless to speak out.
But the attorneys at The DeFeo Law Firm have another vision. We see strong men and women stepping forward to face their perpetrators and seeking the justice they deserve.
We do our best to protect our clients, and in these cases we fight to protect our client’s rights and keep them anonymous and nameless to the public.
The DeFeo Law Firm attorneys have a mission to help give a voice to sexual assault victims. We want to help victims stand up against their offenders to get the justice they deserve and protect others from these abusers.
Missouri Statutes of Limitation for Sexual Violence
The statute of limitations sets the amount of time a victim has to file a lawsuit. Missouri has different sexual assault statutes of limitations for criminal and civil lawsuits. Missouri law also assigns different filing deadlines to adult and child sexual abuse cases. Additionally, the statute of limitations that applies is the one that existed at the time of your abuse.
In a civil lawsuit, a victim of sexual abuse demands compensation and damages from his or her abuser, including compensation for pain and suffering.
𝑭𝒐𝒓 𝑴𝒊𝒔𝒔𝒐𝒖𝒓𝒊, 𝒄𝒊𝒗𝒊𝒍 𝒍𝒂𝒘𝒔𝒖𝒊𝒕𝒔 𝒇𝒐𝒓 𝒔𝒆𝒙𝒖𝒂𝒍 𝒂𝒃𝒖𝒔𝒆 𝒎𝒖𝒔𝒕 𝒃𝒆 𝒇𝒊𝒍𝒆𝒅 𝒘𝒊𝒕𝒉𝒊𝒏:
⚜️In childhood sexual abuse cases, either:
🔹Ten years from the victim’s 21st birthday if the victim was 18 or younger, or
🔹Three years from the discovery of a physical or psychological injury caused by the abuse.
⚜️Two years from the event for adult assault or battery claims.
⚜️Five years from the event in adult personal injury claims. Although assault and battery have short statutes of limitations, certain cases may merit negligence claims like negligence, negligent supervision or negligence per se, which have a five year statute of limitations.
For filing a sexual assault case under a Jane Doe or John Doe status:
🔹Sexual assault cases involve psychological trauma to victims. But a plaintiff’s medical and psychological history are not a matter of public interest, as people have a right to privacy with regard to their medical treatment.
🔹Pseudonyms (Jane Doe/ John Doe) are routinely used in cases involving sexual abuse, therefore it is appropriate to use pseudonyms in pleadings to protect plaintiffs.
🔹Missouri Rule 56.01(c) allows courts to enter protective orders regarding discovery matters at the court’s discretion and for good cause shown in circumstances where “justice requires to protect a party or person from annoyance, embarrassment, oppression, undue burden or expense.” Missouri courts routinely allow use of pseudonyms for victims in sexual assault cases.
We understand these cases are emotional and may involve strict rules to navigate. Talking with an attorney at The DeFeo Law Firm can educate you about your rights, help you make sense of the legal jargon, and guide you through the process.
The Me Too Movement
𝕁𝕠𝕚𝕟 𝕥𝕙𝕖 #𝕄𝕖𝕋𝕠𝕠 𝕄𝕠𝕧𝕖𝕞𝕖𝕟𝕥
Since 2017, the #MeToo movement has brought publicity to sexual violence issues. Frequently, sexual abuse is committed by a person in a position of power, adding to the difficulties a victim faces when deciding whether to come forward. We frequently see victims abused by those in positions of power or trust, making it difficult for victims to call into question the conduct of their abusers.
Unfortunately, the issue of childhood sexual abuse only receives a portion of the national attention stemming from the #MeToo movement. But children are sexually abused more than any other demographic in the U.S., and children are incapable of giving consent. Frequently, sexual predators first target a victim, then secure access to and isolate the victim while gaining his or her trust and the trust of the victim’s family, in a process known as “grooming.” The grooming process trains and conditions children’s minds, allowing the abuser to engage in sexual misconduct and maintain control over the child. We find that stronger protection for children is necessary, especially from abusers in positions of power, such as teachers, youth group leaders and coaches. Sadly, past childhood sexual abuse is revealed on a daily basis.
Businesses and organizations have a duty to conduct adequate background checks on the people they hire. They also have an obligation to supervise the conduct of their employees once they are hired. The attorneys at The DeFeo Law Firm have experience in helping victims in these situations fight to hold responsible the individuals and institutions who enabled the abuse.
The first step we can take is to provide information. Experience has shown us that victims usually are not familiar with civil litigation and the remedies available to them. We understand that this is a sensitive and trying time for victims and their families, but the more information a victim and his or her family has, the more power they have.
We at The DeFeo Law Firm are advocates for the #MeToo movement and believe victims of childhood sexual abuse need advocates too. It is time to take the next step to protect victims and potential victims. At The DeFeo Law Firm, we have successfully pursued cases against workplaces, individuals and youth organizations who have participated in the sexual abuse of women and children. We venture to prosecute victims’ cases, thereby protecting others from sexual abusers.
Contact us for more information or for a confidential consultation.