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How Can a Lawyer Defend You Against an Adult Survivors Act Lawsuit?
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How Can a Lawyer Defend You Against an Adult Survivors Act Lawsuit?
Being accused of sexual abuse under a new Adult Survivors Act lawsuit can be scary. As states pass laws allowing adults to sue for old abuse claims, more lawsuits are popping up. If you’re facing one of these civil suits, don’t panic. A good lawyer can help defend you.
First off, let’s quickly cover what these new laws are. New York, California, and other states have passed Adult Survivors Acts (some call them “lookback windows”) allowing adults to file civil lawsuits for sexual abuse that happened years ago. The goal is giving victims a chance at justice. But for the accused, it means allegations from decades ago now lead to lawsuits.
How Can a Lawyer Defend Against These Cases?
Winning an Adult Survivors Act lawsuit as a defendant won’t be easy. But it’s possible with an experienced attorney. Here are some legal defenses that could help:
- Statute of Limitations – Even with new lookback laws, there are still time limits on how long after abuse someone can sue. A lawyer can argue the case exceeds statutes.
- Lack of Evidence – These old allegations often lack physical evidence or documentation. Attacking the credibility of accusations and pointing out conflicting accounts can cast doubt.
- Mistaken Identity – Without corroborating evidence, misremembering an abuser from long ago is possible. If identity can’t be proven, it defeats the claim.
- Settlements – If prior legal settlements or agreements over the abuse exist, defendants may be protected from new litigation.
In addition to legal defenses, there are trial strategies a lawyer can use. They’ll look for inconsistencies in the plaintiff’s story over time. They can bring up motivations like seeking money or revenge. And they can object if the plaintiff’s attorney brings up prejudicial information not directly related to the abuse claim itself.
Why Get an Attorney Early On?
If you get notice you’re being sued under an Adult Survivors Act, getting a lawyer immediately helps on several fronts:
- They can communicate with the plaintiff’s attorney on your behalf and not make any legally risky statements.
- They can start gathering evidence and documentation right away before memories fade or records disappear.
- They can analyze if any prior settlements or court judgments could short circuit the new case.
- They can explore the possibility of getting the case dismissed or settled before a lengthy trial.
Hiring counsel shows you’re taking it seriously. It also prevents you from acting rashly and making mistakes that could hurt your defense. Even if the allegations feel baseless, you need someone objective to protect your interests.
What If the Allegations Are True?
When old abuse allegations resurface, sometimes they’re true. As painful as this is, admitting fault may be better than a long, costly trial you’ll likely lose. An attorney experienced in sex abuse cases can advise if settling is wise. They can also discuss options like:
- Entering a rehabilitation program – Shows remorse and desire to prevent future abuse.
- Making a public apology – Can help the victim feel closure and healing.
- Deducting settlement costs from your estate – Limits impact on family members after you’re gone.
While no amount of money makes up for trauma suffered, settlements can fund counseling costs. Negotiating non-disclosure terms also limits public exposure. There are still paths to resolution in difficult situations like these.
Picking the Right Lawyer Matters
Not every lawyer has experience fighting Adult Survivors Act lawsuits. For the best chance of success, look for attorneys with background in:
- Defending child sex abuse cases – Similar strategies apply.
- Civil litigation – Most lookback window cases are civil rather than criminal.
- Settling high profile disputes – Keeps cases quiet and limits damage to reputation.
Lawyers with specific experience in Adult Survivors Act defenses are ideal. Or find someone knowledgeable about similar lookback laws for child abuse cases. The stakes are high, so get an attorney with the right skills.
The Outlook for Defendants
Make no mistake – these Adult Survivors Act cases will be challenging. Emotional trauma stories sway juries. Plaintiffs have lower evidence standards in civil suits. And lookback laws are designed to help victims, not the accused.
But with an experienced legal team, strong defense strategies are possible. Not all lookback window cases end in massive payouts. Many get dismissed due to lack of evidence or expire under statutes of limitations. Building a solid defense takes time, so start working with a lawyer immediately. With their counsel, you can get through this turbulent time and on with your life.