Discovering your child was sexually exploited online is devastating. The most common reaction is rage, accompanied by a desperate need to protect them. Many parents are unsure of where to start. You want to stop the abuser, make the content disappear, and hold the perpetrator responsible. You may also wonder what legal options exist beyond criminal charges.
This article explains civil lawsuit options for online child sexual abuse and the practical first steps families should take.
What’s the Difference Between Criminal Charges and a Civil Lawsuit?
Criminal charges are brought by prosecutors. If convicted, the abuser faces jail time or fines. The state controls this process.
A civil lawsuit is separate. You file it yourself to seek financial compensation for harm done to your child. You can pursue a civil case even if criminal charges are never brought. The two cases run on different tracks with different goals.
Can You Sue If There Was No Physical Contact?
Depending on the facts, a civil lawsuit may be possible, even if the abuser never met your child in person. Federal and state laws allow claims for online exploitation, including harassment, stalking, invasion of privacy, emotional distress, and the creation or sharing of explicit images.
Many states have extended deadlines for these cases, meaning you may still be able to take legal action even if the abuse happened years ago.
Who Can Be Sued for Online Sexual Abuse?
The abuser is the most direct defendant. The law allows victims to seek financial compensation, legally known as damages in civil lawsuits. These damages are meant to punish the abuser and help the victim.
Social media platforms are much harder to sue due to legal protections. However, rare exceptions exist, such as when a platform ignored clear evidence of harm or if the system design put children at risk. In rare cases where law enforcement failed to act despite clear evidence, there may be grounds for a claim, though these face significant hurdles.
An experienced child sexual abuse attorney can evaluate if other parties might be liable.
What Should Parents Do First?
Ensure immediate safety. If your child is in danger, call 911. Cut off contact with the abuser. Do not negotiate.
Preserve evidence. Your natural instinct as a parent may be to delete everything, and that reaction is understandable. But those messages and account details can be vital evidence. Save messages, usernames, profiles, links, time stamps, and screenshots.
Report the abuse:
- Report the account to the platform.
- File a report at CyberTipline.org (National Center for Missing and Exploited Children)
- Report any online threats or blackmail involving sexual images to the Federal. Bureau of Investigation.
These reports are vital for investigations and lawsuits.
What Compensation Can You Seek?
Every case is different. Depending on the child sexual abuse claim, compensation may include counseling and treatment costs, the impact on school and daily life, and other losses tied to the abuse. In some cases, the law may provide for additional damages or attorney’s fees. A seasoned personal injury lawyer can explain what may be available based on the facts and jurisdiction.
How Do Laws About Online Predators Differ Per State?
All states criminalize online sexual abuse of minors, though the specific charges and penalties vary. Here are examples from a few major states:
- California criminalizes electronic communication with a minor with sexual intent and sending harmful material to minors.
- Texas criminalizes sending sexual messages or explicit content to minors through electronic communication.
- Illinois includes cyberstalking of a minor as a distinct offense, covering repeated online contact that causes emotional distress.
Seek Legal Help Immediately
Attorney J.J. Dominguez of The Dominguez Firm stresses: “If your child has been targeted online, contact an experienced child sex abuse attorney immediately. These are complex cases that can span multiple agencies. You want an advocate who has successfully sued these criminals and the platforms they operate on in the past. Nothing can change what happened, but seeing justice served can help lessen the pain.”
