In sexual exploitation by a therapist, a civil action must be commenced within three years. A civil wrong that resulted in personal injury and loss of property is called a tort . A tort may be the result of either an intentional act or inaction, or the result of negligence . Even if a perpetrator does not appear to have any assets from which to collect a judgment, they might be insured. Increasingly, survivors and their civil attorneys are obtaining judgments from insured perpetrators' insurance carriers.
Insurance covers intended injury by an insured perpetrator.
Unfortunately, with respect to sexual assault survivors, the tort is usually a negligent act and may not be covered by the perpetrator's insurance. The advocate can play an important role in informing the survivor about the possibility of monetary recovery through the civil courts, providing the survivor with realistic expectations regarding the likelihood of monetary recovery, and in assisting the survivor with locating an attorney. The degree to which the advocate handles this role depends on the advocate's knowledge of civil attorneys for resources, prior experience, and familiarity with civil cases. For more information about sexual assault or to receive support around a sexual assault experience, contact your local sexual assault program. The sheet may be reproduced.