What Happens If My Child Is Sexually Hurt By Someone In Our Church In Virginia?
Key Highlights:
- Before seeking legal counsel when your child is sexually hurt, your first concern should be to take your child out of the situation and see to their safety and well-being, which also includes providing reassurance.
- Reporting child abuse in Virginia must be done through law enforcement and the state’s Child Protective Services.
- Depending solely on the church’s internal procedures will hurt your chances of winning your case and put other children in jeopardy.
- A church can be found liable by law: According to Virginia law, a church can be found responsible for negligent hiring church Virginia, supervision, and retention process of church employees, even if it maintains that it was unaware of any dangers posed.
- The Virginia child sexual abuse statute of limitations extends until the victim reaches 20 years old after becoming 18.
Learning that there are allegations that your child has been sexually assaulted by an individual at your church is an anguish no parent ever expects. Shock, anger, guilt, the drive to protect, all of this is perfectly normal. At this time, the most important thing is not about the lawsuit; it is about your child’s safety and protection.Â
I am Robert Tatum, and I am an attorney at Tatum & Atkinson Law Firm. If your child is ever harmed by anyone at a church in Virginia, we understand everything there is to sue a church for sexual abuse in Virginia.
What Happens If My Child Is Sexually Hurt By Someone In Our Church In Virginia?
Sometimes it can be quite difficult knowing what actions to take once you have discovered abuse. It is always prudent to take certain measures right away that will allow you to:
First, Focus on Your Child’s Safety
Before any other considerations, you need to focus on making sure that your child is protected. The questions of law can wait until tomorrow or even the next day. Your child cannot.
Get Your Child Somewhere Safe and to Medical Care
Make sure your child stays as far away as possible from the individual who caused the trauma and any location where future encounters could take place. If your child is in any physical danger, then call 911 immediately. Even if there are no outward signs of injury, it is important to get your child checked by a medical professional.
Lead With Belief and Calm Support
Be calm and reassure your child of your belief in him or her, and make clear that it is not his or her fault.
Reporting the Abuse in Virginia
Reporting child abuse in Virginia helps to protect your child and other children and documents the case.
Call Law Enforcement and Child Protective Services
File a report with the police or sheriff’s department, as well as Virginia Child Protective Services. The Child Help National Child Abuse Hotline is 1-800-422-4453.
Virginia’s Mandatory Reporting Law
Pursuant to Virginia Code § 63.2-1509, a large number of adults have to report suspicion of child sexual abuse Virginia church such as clergy members, teachers, physicians, etc. These adults must make their reports immediately, within 24 hours, and a person who makes the report in good faith cannot be held liable. It may be relevant whether church employees knew about the abuse and did not report it, either under criminal or civil law.
Report to the Authorities, Not Only the Church
Of course, there will be a strong inclination to leave it all up to the church to sort out privately. But an internal investigation is no substitute for reporting to the police and CPS, since the church has a vested interest in resolving the case itself, and time is passing.
How Child Abuse Investigations Usually Work
Knowing the basic outline of this procedure will ease your mind about this process.
The Roles of Police and CPS
Law enforcement is responsible for determining whether there is a crime and developing the criminal case. CPS, on the other hand, is responsible for ensuring that your child is safe. This usually happens only once, with a trained professional at a children’s advocacy center.
Preserving Evidence and Documentation
There is no need to conduct an investigation, but rather to protect the evidence you already have.
- Document your child’s account of events in his/her own words and the time and date.Â
- Retain all communication, photographs, gifts, and notes sent by the person.Â
- Preserve medical and therapeutic documents and providers’ names and dates.Â
- Document knowledge about the incident within the church sexual abuse Virginia context and dates of conversations.
- Do not delete anything, even if it seems inconsequential now.
When a Church Can Be Held Responsible Under Virginia Law
The abuser is liable for his actions. However, Virginia law allows an organization to be equally liable if its negligence caused the injury to take place.
Negligent Hiring, Supervision, and Retention
The issue of negligent hiring church Virginia and retention has been well-established by Virginia courts. Negligent hiring and retention occur when an organization negligently hires a dangerous individual into a position involving work with children or retains such an individual when it knew or should have known about the danger. Negligent supervision may also be involved in a case when a child is abused by an employee of an organization.
When the Church Knew, or Should Have Known
Sometimes, the knowledge of the child’s abuser by the church organization plays an important role in liability. It may be a case of a skipped background check, an overlooked complaint against the abuser, or leaving the volunteer alone with children in violation of policies. The church may be responsible even for actions performed by its employee in his/her official capacity.
Charitable Immunity and Other Defenses
In Virginia, there is the doctrine of charitable immunity that may serve as a defense for some nonprofit organizations, including churches. However, this defense does not always terminate negligence claims, and in Virginia, church sexual abuse lawyer Virginia cases were allowed to continue.
What a Civil Claim May Recover
When suing a church for sexual abuse in Virginia, a claim can request recovery for:
- Medical treatment, including that for the future
- Therapy and counseling services for your child
- Pain and suffering
- Additional expenses that you incurred due to the abuse
Taking responsibility for an institution involved will allow for fixing its flaws to prevent the same from happening to others in the future.
Virginia’s Time Limits for a Civil Claim
In Virginia, individuals who have been sexually abused as children get much more time to bring the case forward compared to regular personal injury cases. Under the Virginia child sexual abuse statute of limitations, Virginia Code § 8.01-243(D), a civil suit related to childhood sexual abuse should be filed not later than 20 years after the cause of action accrued.
Another trigger date may be the moment when the cause of action was identified by a licensed psychologist.
Even if you are thinking of pursuing a lawsuit, talk to a lawyer sooner rather than later.
Talk With a Virginia Child Injury Attorney at Tatum & Atkinson
If this is happening to your family, then you are carrying a burden, and you don’t have to carry the legal burden by yourself. A church sexual abuse lawyer Virginia experienced with child injuries will be able to help you in understanding your rights, in making the necessary reports and investigations, and in dealing with the church and insurance companies so you can focus on your child.
We handle such cases with delicacy and discretion, always having your child in mind.
Contact us at (800) 529-0804 for a free, confidential consultation.
FAQs: What Happens If My Child Is Sexually Hurt By Someone In Our Church In Virginia?
Do I have to report the abuse, or can our church handle it privately?
Report it to the authorities. While many members at a church will genuinely want to help, an internal procedure is not a legal one and will not safeguard other children in the manner the police and CPS do. This will also ensure an official record is made. Keep the church up to date, but outside reporting child abuse in Virginia must be your priority.
Will my child have to testify or relive what happened?
This is not always the case, and when it happens, it does not happen the way many parents fear. Most cases are made using forensic interviews and evidence, and in most cases, there is no need to take your child’s testimony. Should it be required, courts make sure that special provisions are made to shield your child from harm.
Can we hold the church responsible even if it says it didn’t know?
Virginia state laws allow the court to find an organization liable for negligence based not only on its knowledge but also on the information it was supposed to know.
How much does it cost to talk to a lawyer about this?
Nothing to get things going. Legal consultations are free and confidential, and most personal injury attorneys practice on a contingency basis, which means that you won’t pay any legal fees unless the case is won. You may be able to find out what your family’s options are at no cost.
The abuse happened a while ago. Is it too late?
There are a lot of time periods allowed for Virginia child sexual abuse statute of limitations claims, and they can extend into adulthood, sometimes beyond what one might think.
