Washington Foster Sexual Abuse Attorney Fighting for Survivors Who Were Betrayed
Children in foster care often face heightened risks of sexual abuse because of their unique vulnerabilities. Children placed in foster care have often experienced prior trauma that leaves them susceptible to further abuse and without the resources to report or respond to instances of sexual abuse. Those living in under-resourced or overextended foster care homes may be targeted for abuse by sexual predators. And foster care group homes often place children together in environments without adequate supervision, which can lead to increased rates of sexual abuse.
As a result, children in foster care have higher lifetime rates of sexual abuse and higher odds of dating violence than their peers who have not been involved in the foster care system. As a result of these higher rates of sexual abuse, children in foster care also more frequently experience post-traumatic stress disorder (PTSD) and ongoing effects of trauma at a higher rate than other children.
Defining Sexual Abuse
Sexual abuse in foster care can take many forms. Washington state law defines childhood sexual abuse as any act committed by the defendant against a complainant who is less than eighteen years of age at the time of the act and which act would have been a sex offense as defined by criminal law including the crime of sexual exploitation of a minor. Physical sexual abuse can include rape or sexual assault, inappropriate touching, or coerced participation in a sexual act. But sexual abuse can also include acts that do not involve physical contact, such as communicating with a minor for immoral purposes. Because a child cannot give consent to sexual acts, any sexual conduct involving a child is considered to be sexual abuse and a crime.
A sexual abuser can be a foster parent or another adult in a foster care home, as well as other children who may engage in sexual activity with a child. Sexual abuse, in particular, can lead to confusing feelings of shame and guilt that may make victims scared or reluctant to disclose their abuse to trusted adults. In the long term, sexual abuse can have a significant impact on a child’s ability to form trusting and secure relationships with other adults or peers.
For all of these reasons, the state of Washington takes sexual abuse very seriously and permits legal action in a wide variety of sexual abuse scenarios. Children who have experienced sexual abuse or family members who suspect that a child they know is being or was subjected to sexual abuse are encouraged to contact our Washington foster sexual abuse attorney team as soon as possible to learn more about their rights.
Taking Action Against Sexual Abuse
If you or a loved one has experienced sexual abuse while in a foster care home or group home, you have the right to seek legal action for the harm caused by your abuse. A foster care placement should be a safe and loving environment for a foster care child, and many adults have a legal responsibility to ensure that this is the case. Where these adults, or the organizations they work for, fail to meet these responsibilities, legal claims may be available.
The first step in evaluating your legal options is to contact a Washington foster sexual abuse attorney. Our firm will work with you to set up an initial meeting to discuss the circumstances of your abuse in a safe and supportive environment. At Truitt and Lyons, we can walk you through the process of investigating and bringing a legal claim for sexual abuse, explain how the state works to support victims of abuse, and answer any questions that you may have before deciding how to proceed. At every step, our goal is to make the process as comfortable and supportive as possible.
Answers from a Washington Foster Sexual Abuse Attorney
What is the statute of limitations for foster care sexual abuse?
Washington state law recognizes that it may take time for children to process and come forward with details about sexual abuse they experienced in foster care. Many individuals do not fully understand the abuse they experienced until they are adults, and they may not understand that people or institutions can be held responsible. For this reason, the law permits individuals to bring claims for sexual abuse many years after the abuse occurred, depending on the circumstances.
Under Washington law, there is no time limit for bringing a case for recovery of damages for injury suffered as a result of childhood sexual abuse when the act of abuse occurred on or after June 6, 2024. For cases where the act occurred prior to June 6, 2024, the action must be commenced within the later of the following periods:
(a) Within three years of the act alleged to have caused the injury or condition;
(b) Within three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by said act; or
(c) Within three years of the time the victim discovered that the act caused the injury for which the claim is brought
The Washington State Supreme Court has determined that, under (c), a negligence claim accrues when a victim recognizes the connection between a third party’s wrongful conduct and the victim’s resulting injury. For instance, a victim may not know or realize their injuries are connected to the State of Washington or that they have a claim against the State of Washington until many years later.
Also, the time limit for commencement of an action is tolled for a child until the child reaches the age of 18 years. This means the three-year time period would not start until the child turns 18.
What kind of injuries arise from foster care sexual abuse?
Children who experience sexual abuse while in foster care often have to deal with lasting and significant psychological and emotional trauma. Because child sexual abuse often occurs at a young age, it can impact how a child’s brain develops over time, disrupting their psychological growth.
In addition to physical injuries from sexual abuse, victims of foster care sexual abuse may also experience ongoing effects in the form of mental health challenges, such as anxiety, depression, panic attacks, or post-traumatic stress disorder.
The trauma of sexual abuse may also cause victims to suffer from unexpected flashbacks, challenges coping with stressful environments, dissociation, or unexpected emotional outbursts. This trauma can also seep into other parts of a victim’s life, leading to sleep disturbances, social anxiety, relationship difficulties, and learning difficulties.
Take the First Step Toward Justice – Speak with a Washington Foster Sexual Abuse Attorney Today
There is no way to be certain what injuries an individual may experience as a result of sexual abuse, and emotional and psychological injuries may continue to appear and evolve over time. If you are experiencing any negative impacts from your experiences of foster care sexual abuse, speaking with a Washington foster sexual abuse attorney can help you evaluate whether these injuries may entitle you to compensation through the legal process. For more information, contact us online today.