Detroit Michigan lawmakers are considering new bills to give people more time to file lawsuits for sexual abuse and assault. The bills would extend the statute of limitations to sue for sex abuse and assault in Michigan to age 52. If passed, these laws would provide a lookback window for past victims to file lawsuits. That means anyone who was abused or molested, including as a minor, may be able to seek justice, even if they were previously told that it was too late.
It may seem scary to file a lawsuit for sexual abuse, assault, or harassment. Here is a comprehensive guide to filing a lawsuit for sexual trauma in Michigan to help make the process clear.
How long do I have to file a lawsuit for sexual harassment, assault or abuse in Detroit Michigan?
Every state has its own laws governing the time limit for filing a lawsuit for sexual trauma. These laws are called statutes of limitations.
In Michigan, adult survivors of sexual abuse or assault generally have 10 years to file a lawsuit. If the abuse occurred when a person was a minor, the time to file a lawsuit is until the age of 28, or three years after the individual discovers that an event caused an injury.
This is really important. The clock doesn’t begin running for victims of child sexual abuse until the moment they realize that an experience caused an injury.
Many predators disguise their abuse and groom their victims. Children may not realize in the moment what is happening. Victims of sexual abuse may dissociate during the experience and symptoms may not arise until years, or even decades, later. Some people repress memories of an assault, and may not realize what happened until they experience a flashback much later. Or some people may struggle with mental health problems for a long time and not realize it was caused by abuse until later.
Once that connection is made, that’s when the clock starts ticking.
Most people do not come forward before their 20s. In fact, the average age for disclosure of child sex abuse is 52. If you did not make the connection between an injury and abuse for a long time, you are not alone.
That’s why Michigan lawmakers want to extend the statute of limitations. If you’ve ever been told it’s too late, these bills may give you another chance to seek justice.
Why can I sue for sexual abuse, harassment, or assault?
Sexual trauma is a devastating experience. The psychological and emotional damage of sexual assault, abuse, or harassment can last a lifetime. Survivors may suffer from post-traumatic stress disorder (PTSD), chronic depression, anxiety, eating disorders, sexual dysfunction, sleep disturbance, substance abuse and other issues.
These often-debilitating problems can be expensive to manage, which is why it is important for survivors to have the resources they need to heal.
The people of Michigan have seen how powerful institutions can fail to protect people, especially children, from predators. The justice system is here for survivors to hold these institutions accountable for their failures.
Who is responsible for sexual trauma like assault, abuse, or harassment?
Let’s get one thing clear here. It’s not your fault.
Sexual assault, child sex abuse, and the entire spectrum of sexual harassment are crimes.
The perpetrator is to blame for the violation. However, it’s also the fault of the systems that allowed the violation to occur. Legally speaking, if an institution failed to properly protect people from foreseeable harm, it can be held responsible for negligence.
Who will believe me?
Many survivors are afraid of filing a lawsuit because they think no one will believe them. They are often surprised when they initiate legal action because this is not actually their lawyer’s concern.
Court documents are public records, and few organizations want to go on the record for doubting the validity of a sexual assault, abuse or harassment claim. It’s just bad PR. Instead, they will try to fight using other tactics. Often, they try to argue that they just weren’t responsible. They will say something like, “We are so sorry to hear that you were abused. However, the abuser was a bad apple. It’s not our fault.”
How is an institution responsible for sexual trauma?
When a church, private organization, company, healthcare facility, school or government agency hires an employee or volunteer, that institution has the legal responsibility to check the person’s background and make sure they do not pose a threat to the community.
Bad actors may fall through the cracks. The legal system understands this reality. However, we as a society have seen over and over again how major institutions such as universities, churches, hospitals, sports organizations and more became aware that something was wrong, and instead of acting on it, swept reports under the rug.
This is why an institution can be held responsible for negligence. Institutions are responsible for protecting people — especially children — from foreseeable harm.
Our experienced sexual abuse attorneys have often uncovered evidence that an institution was aware that a perpetrator was a bad actor, but failed to do anything about it. Even more horrifically, we have found systemic cover-up at several organizations that we have sued on behalf of our clients.
Who has to pay for the damages caused by sexual trauma?
Institutions are required by law to carry insurance, and insurance policies cover damages caused by injuries. If someone walked into a school building and a brick fell on their head, they wouldn’t think twice about filing a claim to cover medical costs and lost wages. Sexual trauma has very real consequences that can be expensive to manage. Insurance is meant to cover these injuries.
Do I have to file a police report to sue for sexual assault or harassment in Michigan?
Unwanted sexual contact is a crime. The law allows victims to seek justice for these crimes. However, there is a difference between the civil legal process and the criminal one.
To press criminal charges, you file a police report to begin a criminal investigation. The district attorney or prosecutor will investigate the case, and the end result could be the perpetrator’s arrest or incarceration.
The civil process does not involve law enforcement, arrest or incarceration. Instead, the victim seeks to recover financial damages by filing a civil lawsuit against an individual or an institution.
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FAQs
Marko Law Firm can help protect children by providing legal representation and advocacy for children who are at risk of abuse, neglect, or exploitation. Our firm can assist clients in navigating the complex legal processes involved in child protection cases, including reporting suspected abuse or neglect, participating in investigations, and advocating for the best interests of the child in court proceedings. Marko Law Firm can also represent clients in cases involving termination of parental rights, adoption, and guardianship. Additionally, the firm can provide advice and counsel to professionals who are mandated to report child abuse or neglect, helping them to understand their legal obligations and protect themselves from potential liability. Overall, Marko Law Firm is committed to ensuring that the rights and interests of children are protected under the law and that they are provided with a safe and nurturing environment in which to grow and thrive.
In Michigan, the statute of limitations for bringing a civil lawsuit for child abuse or neglect can vary depending on several factors, including the age of the child and the type of claim being pursued. For claims of sexual abuse, a victim has until the age of 28 to file a civil lawsuit against the alleged abuser, or within three years of discovering the injury or harm resulting from the abuse, whichever is later. For claims of physical abuse or neglect, a victim has until the age of 19 to file a lawsuit against the alleged abuser. However, if the abuse or neglect caused an injury that was not immediately apparent, the victim may have up to three years from the date the injury was discovered to file a lawsuit. It is important to note that the statute of limitations can be complex and may vary depending on the specific circumstances of the case. Therefore, it is highly recommended to seek legal advice from an experienced attorney who can provide guidance and support. Marko Law Firm has experience representing clients in civil lawsuits related to child abuse and neglect, and can provide legal advice and representation. Contact us to schedule a consultation.
In Michigan, it is possible to file a civil lawsuit against someone for child abuse or neglect. If you are the parent or legal guardian of a child who has been abused or neglected, or if you are a child who has been abused or neglected, you may have the right to file a lawsuit seeking compensation for damages, including medical expenses, pain and suffering, and emotional distress. To file a civil lawsuit for child abuse or neglect, you will need to prove that the person responsible for the abuse or neglect acted negligently or intentionally, and that their actions caused harm to the child. You may also need to demonstrate that you have suffered damages as a result of the abuse or neglect, such as medical expenses or loss of income. It is important to note that civil lawsuits for child abuse or neglect can be complex and emotionally challenging. It is highly recommended to seek legal advice from an experienced attorney who can guide you through the process and protect your rights. Marko Law Firm has experience representing clients in civil lawsuits related to child abuse and neglect, and can provide legal advice and representation. Contact us to schedule a consultation.
In a child protection case, a guardian ad litem (GAL) is a court-appointed advocate for the child. The GAL represents the best interests of the child and is responsible for investigating the case, making recommendations to the court, and advocating for the child's needs throughout the legal process. The role of a GAL may include: Investigation: The GAL will conduct an investigation into the child's situation, which may include speaking with the child, parents, caregivers, and other individuals involved in the child's life. The GAL will also review relevant records and documents, such as medical records and school records. Report and recommendations: Based on the investigation, the GAL will submit a report to the court outlining their findings and recommendations. The report may include recommendations regarding custody, visitation, and other issues related to the child's well-being. Court appearances: The GAL may appear in court on behalf of the child, and may provide testimony and make recommendations to the court. Advocacy: Throughout the legal process, the GAL is responsible for advocating for the child's needs and interests, and ensuring that the child's voice is heard. The role of a GAL is important in child protection cases, as they provide an independent voice to represent the child's interests and needs. If you are involved in a child protection case and have questions about the role of a GAL, it is important to seek legal advice from an experienced attorney who can provide guidance and support. Marko Law Firm has experience representing clients in child protection cases and can provide legal advice and representation. Contact us to schedule a consultation.
Yes, Michigan law recognizes that placing a child with a relative or a family friend, also known as kinship care, can be in the best interest of the child. Kinship care can help maintain a child's sense of family and stability during a difficult time, and can be a less traumatic option than being placed in foster care. When Child Protective Services (CPS) becomes involved in a case of child abuse or neglect, they will first look for relatives or family friends who are willing and able to care for the child. If a relative or family friend is found to be a suitable caregiver, the child may be placed in their care instead of being placed in foster care. To be considered as a kinship caregiver, the relative or family friend must meet certain requirements, such as passing a background check, completing required training, and demonstrating the ability to provide a safe and stable home for the child. The kinship caregiver may also be eligible for financial assistance and other resources to support the child's needs. If you are a relative or family friend of a child who is involved in a child protection case, and you are interested in providing kinship care, it is important to seek legal advice from an experienced attorney who can help guide you through the process and protect your rights. Marko Law Firm has experience representing clients in child protection cases and can provide legal advice and representation. Contact us to schedule a consultation.
Being accused of child abuse or neglect can have serious consequences, both legally and personally. Here are some potential consequences: Legal consequences: Depending on the severity of the alleged abuse or neglect, criminal charges may be filed against the accused. If convicted, the accused may face imprisonment, fines, probation, or other penalties. In addition to criminal charges, the accused may also face civil penalties, such as the loss of parental rights or a civil lawsuit. Child Protective Services investigation: If Child Protective Services (CPS) receives a report of child abuse or neglect, they will investigate the allegations and may remove the child from the accused's care. The accused may need to complete parenting classes or other requirements to regain custody of the child. Personal consequences: Being accused of child abuse or neglect can also have personal consequences, such as damage to reputation, loss of employment, and strained relationships with family and friends. It is important to remember that being accused of child abuse or neglect does not necessarily mean that the accusations are true. If you are facing allegations of child abuse or neglect, it is important to seek legal advice from an experienced attorney who can help protect your rights and provide you with guidance and support throughout the legal process. Marko Law Firm has experience representing clients in child protection cases and can provide legal advice and representation. Contact us at 1(313)777-7LAW to schedule a consultation.
If you suspect that a child is being sexually abused, it is important to take immediate action to protect the child and report your concerns to Child Protective Services or law enforcement. Here are some steps you can take: Report your concerns: In Michigan, certain professionals are mandated reporters and required by law to report suspected child abuse or neglect to Child Protective Services (CPS) or law enforcement. However, anyone who has reasonable cause to suspect that a child is being abused or neglected can make a report to CPS or law enforcement. You can make a report anonymously, but providing your name and contact information can help with the investigation. Document your observations: Write down any observations or conversations that you have had with the child or anyone else that supports your concerns. Documenting the date, time, and location of the incidents can also be helpful. Support the child: If the child is in immediate danger, call 911 or take them to a hospital emergency room. If the child is not in immediate danger, offer support and let them know that you believe them and will help keep them safe. Seek legal advice: If you are involved in a child protection case, or if you are facing allegations of child sexual abuse, it is important to seek legal advice from an experienced attorney who can provide you with guidance and support throughout the investigative and legal processes. Marko Law Firm has experience representing clients in child protection cases and can provide legal advice and representation. Contact us to schedule a consultation.
Under Michigan Child Protection Law, sexual abuse is defined as any sexual activity with a child that is non-consensual, exploitative, or coercive. Sexual abuse includes a wide range of behaviors, from sexual touching to sexual penetration, and can involve physical force, threats, or manipulation. Examples of sexual abuse can include sexual touching or fondling of a child's genitals, forcing a child to perform sexual acts, or exposing a child to sexual material or activities that are not age-appropriate. Michigan law also prohibits adults from engaging in sexual activity with minors, regardless of whether the minor consents or not. This means that any sexual activity with a child under the age of 16 is considered illegal, even if the child appears to consent to the activity. Sexual abuse can have serious and long-lasting effects on a child's physical and mental health, and can cause significant emotional trauma. If you suspect that a child is being sexually abused, it is important to report your concerns to Child Protective Services or law enforcement. If you are facing allegations of sexual abuse, it is important to seek legal advice from an experienced attorney. Marko Law Firm can provide you with legal representation and guidance throughout the investigative and legal processes. Contact us to schedule a consultation.
The consequences for failing to report suspected child abuse or neglect in Michigan can be serious. Mandated reporters who fail to make a report can face criminal charges and fines, as well as disciplinary action from their professional licensing boards. Additionally, failure to report can result in ongoing harm to the child, including physical and emotional trauma, and can lead to legal liability for the mandated reporter if the child is later found to have been abused or neglected. If you suspect that a child is being abused or neglected, it is essential that you report it immediately to Child Protective Services or law enforcement. If you are a mandated reporter and have questions about your legal obligations or how to make a report, contact Marko Law Firm for guidance and support. Our experienced attorneys can provide you with the information and resources you need to fulfill your legal and ethical responsibilities to protect children. If you need legal assistance with a child protection case, or have questions about reporting suspected abuse or neglect, contact Marko Law Firm today to schedule a consultation with one of our knowledgeable attorneys.
Institutions can be held responsible for negligence in cases of sexual trauma when they fail to properly protect people from foreseeable harm. This includes background checks on employees or volunteers to ensure they do not pose a threat to the community. If an institution knew about an issue but failed to act, it can be held responsible for negligence. Consult with experienced sexual abuse attorneys at Marko Law Firm to understand how to hold institutions accountable.
Yes, you can still sue for sexual trauma in Michigan even if you did not report it immediately. Many survivors may not realize the connection between their experiences and the resulting injury until years or even decades later. The clock for the statute of limitations begins when the survivor realizes the connection between the injury and the abuse. These new bills being considered in Michigan aim to address this issue and extend the statute of limitations for survivors.
The statute of limitations for filing a lawsuit for sexual trauma varies, but Michigan lawmakers are considering extending the time limit to age 52. Under current laws (as of 2023), adult survivors generally have 10 years to file a lawsuit, and for survivors who were minors at the time of the abuse, the time frame extends until the age of 28 or three years after discovering the injury. These proposed changes aim to provide a lookback window for past victims to seek justice. It's crucial to consult with legal experts like Marko Law Firm to understand how these changes may affect your case.
The civil legal process and the criminal process are separate. To press criminal charges, you must file a police report, which may lead to an investigation, arrest, or incarceration. However, in civil cases, you do not involve law enforcement. Instead, you seek financial damages by filing a civil lawsuit against an individual or institution. Consulting with legal experts at Marko Law Firm can help you navigate the civil legal process.
Damages resulting from sexual trauma, such as medical expenses and emotional distress, are typically covered by insurance policies held by institutions. Institutions are required by law to carry insurance to cover such injuries. Insurance is meant to cover the expenses associated with these injuries. Marko Law Firm's experienced attorneys can help you understand how to pursue compensation for the damages caused by sexual trauma in Michigan.
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