Each year we know that there are potentially thousands of child abuse cases in churches, schools, camps and daycares. However, through the civil process they are able to fight back. As a prosecutor, Kirk Davis prosecuted sexual abuse cases, including one of the first “two strikes” cases in Washington State. The individual prosecuted is currently serving a life sentence for Rape in the First Degree. While prosecuting these criminal cases, Kirk first became aware of the horrible mental suffering caused by sexual abuse. He now uses that understanding to fight for victims of sexual assault and child abuse in civil litigation in the areas of:
- Sexual abuse at the hands of those in power (clergy, teachers, camp counselors, etc.)
- Child abuse and sexual abuse by caregivers appointed by DSHS
- Sexual and violent assault as a result of inadequate security
- Domestic violence
Victims of sexual abuse may be able to sue their attackers or those who allowed the abuse to happen. For example, Kirk has successfully handled sex abuse cases against daycares and schools.
Statute of Limitations on Sexual Abuse
Washington, like many states, has a very humane statute of limitations. Even if the abuse happened decades ago, it may still be possible to bring a claim. If you suffered abuse even many years ago, your case or the case of your loved one will be handled with compassion and discretion.
Kirk has also helped victims of violent crimes for decades, handling thousands of cases involving violent crimes throughout his career as a prosecutor. He helps victims of violent crimes like an assault or domestic violence navigate both the criminal and the civil legal system before just compensation and justice may be achieved.
It may be possible for victims of crimes to sue the government if a person was injured or attacked due to government failures or negligence. It is also possible to sue establishments such as malls, bars or restaurants that may have allowed the attacks to happen through their negligence in security or hiring. Finally, it may also be possible to sue the perpetrator directly.
The types of crimes for which there could also be civil liability include the following:
- Assault and Battery – This is defined as intentional striking of another. In the civil context, this can include domestic violence, sexual abuse, rape, child molestation and abuse.
- Intentional Infliction of Emotional Distress – Often referred to as the tort of Outrage.
- Wrongful Death – resulting from murder, vehicular homicide or manslaughter.
Statute of Limitations on Assault
There is a three-year statute of limitations in Washington for negligence actions. However, it should be noted the statute of limitations for intentional actions is two years. In other words, if you are suing the perpetrator directly, that needs to be done within two years.
Bellevue, WA — Teachers cause sprained ankle of student by piling on top of her. $70,000
Seattle, WA — Students sexually assaulted by teacher. (consulted and assisted with case) $1,500,000
Tacoma, WA — Student sexually assaulted by swimming coach at school. $450,000
Pierce County — Woman punched in the head by a motorist during a road rage incident suffers cut on forehead. $60,000