Sexual abuse is a devastating experience that can leave survivors grappling with a complex mix of physical, psychological, and emotional harm. One of the most profound and lasting consequences of sexual abuse is emotional distress—a form of psychological suffering that can impact every aspect of a survivor’s life.
In civil lawsuits, victims of sexual abuse often have the right to pursue compensation not just for physical injuries, but also for the emotional and psychological damage they have endured.
Understanding Emotional Distress in Legal Terms
Emotional distress refers to the mental suffering a person experiences as a result of a traumatic event. In the legal realm, this can include anxiety, depression, post-traumatic stress disorder (PTSD), nightmares, and other psychological conditions. Emotional distress claims fall under the broader category of personal injury law, and they are typically divided into two types:
- Intentional Infliction of Emotional Distress (IIED): This occurs when the defendant’s conduct was deliberate and malicious, intending to cause psychological harm. In sexual abuse cases, the abuser’s actions usually meet this threshold because the abuse is a willful and egregious act.
- Negligent Infliction of Emotional Distress (NIED): This involves situations where the defendant acted negligently, and their conduct caused emotional harm. NIED claims are less common in sexual abuse cases against the perpetrator but may be applicable in cases against institutions or third parties that failed to prevent the abuse.
The Role of Emotional Distress in Sexual Abuse Lawsuits
In a sexual abuse civil lawsuit, emotional distress is often a central element of the damages sought by the plaintiff. Unlike criminal proceedings, which are focused on punishing the perpetrator, civil lawsuits are about compensating the victim for the harm they have suffered. Emotional distress can be a significant component of this compensation, particularly when the abuse has led to ongoing mental health challenges.
To support an emotional distress claim, plaintiffs typically need to provide evidence that demonstrates the depth and impact of their suffering. This may include:
- Testimony from mental health professionals
- Medical records or psychological evaluations
- Personal journals or written accounts of the trauma
- Testimony from family members, friends, or coworkers about behavioral changes
Suing Institutions for Emotional Distress
In many sexual abuse cases, especially those involving minors or vulnerable adults, the abuser may not be the only liable party. Institutions such as schools, churches, foster care systems, or youth organizations may also be held responsible if they knew about the abuse and failed to act, or if their negligence allowed the abuse to occur.
When suing institutions, victims can also seek damages for emotional distress, either under theories of IIED (if there was a cover-up or willful disregard) or NIED (if the institution failed in its duty of care). In these cases, survivors often feel a strong desire for accountability—not only against the abuser but also against the systems that failed to protect them.
Statute of Limitations and Legal Hurdles
One of the biggest challenges in sexual abuse claims, including those for emotional distress, is the statute of limitations—the legal time limit for filing a lawsuit. Fortunately, many states have revised their laws in recent years to give survivors more time to come forward, recognizing that it can take years or even decades for victims to process their trauma and take legal action.
Keep in mind that some states have enacted "look-back windows" that temporarily lift the statute of limitations, allowing older cases to be filed.
Final Thoughts
Suing for emotional distress in a sexual abuse claim is not just about financial compensation—it’s also about validation, accountability, and healing. Emotional suffering may not leave visible scars, but its impact is often more enduring and pervasive than physical injuries. The legal system offers survivors a means to seek justice, acknowledge their pain, and hold perpetrators and negligent institutions accountable.
At The Zalkin Law Firm, LLP, we understand the profound emotional toll that sexual abuse takes on survivors, and we are here to help you seek the justice and compensation you deserve. Our experienced legal team has a long track record of successfully representing survivors in emotional distress and sexual abuse claims, and we approach every case with compassion, discretion, and unwavering commitment.
Contact our team today to schedule a free case evaluation.