Tips on filing a civil case against sexual molestation for minor child

Child molesters can cause long-term emotional and sometimes physical damage to a child. From a legal standpoint, child molesters can face both criminal charges and civil liability. Lawsuits filed against these predators are sensitive matters. Fortunately, if a molester has assets or income, the victim can sue for damages based upon intentional and negligent infliction of emotional distress, battery, false imprisonment and assault. These cases can often result in large negotiated settlements. An attorney should be consulted and hired to pursue these claims. Attorneys frequently handle such cases on a contingent fee basis. Jury awards can be in the millions.

Things You'll Need:
- Valid case of sexual assault against a minor child
- Attorney fees
- Court costs and filing fees
- Legal documents to file
- Process server fees
- Private investigator fees


1. Discover the sexual molestation and collect evidence and proof including sworn witness statements. You should consider hiring a private investigator to obtain witness statements and other evidence for possible use in court. It is vitally important that you do not try to coach your child in how to describe the assault. Doing so may result in the appearance that your child is merely repeating what you have told her to say, rather than actually telling the truth.

2.Consult an attorney in a contingent fee arrangement, if possible. Handling any legal case is a complex matter, especially a molestation case. You are well-advised to hire an attorney. You can search for an attorney by location or by legal specialty at the Martindale website (see Resources).

3.Hire an attorney to represent you and your child. You may be named Guardian Ad Litem. This term indicates that a minor child is involved and represented in the case by one of her parents.

4.File a lawsuit in court through your attorney alleging sexual molestation against the alleged perpetrator. You will need to pay a filing fee although you may request a deferral or waiver of court costs. The alleged perpetrator must be served with a copy of the Summons and Complaint in which you seek general and punitive damages. You will be bringing the case as your child’s Guardian Ad Litem. You should request that your child sue as a John or Jane Doe in order to maintain privacy and confidentiality. Your attorney may now want to negotiate a potential settlement with the alleged perpetrator and his attorney, if your attorney has not already done so.

5.Present your case in court after conducting discovery, which is the legal process of finding out information about the case from other parties and witnesses.