The subject of children perpetrating sexual abuse on other children is both emotionally difficult and deeply complex. California law generally limits the criminal consequences faced by minors who commit sex crimes, unless they are old enough to be charged as an adult. But what about civil claims? Can a child be sued over an act of sexual abuse against another child?
In short, the answer is yes. Civil suits do offer a path for survivors and their families to hold the responsible parties accountable and seek financial compensation for the harm caused.
A common perception about sexual crimes and those who commit them is that they are committed by adult men, mostly against women and sometimes against children. However, the perpetrators of sexual abuse are sometimes children committing offenses against other children under the age of 18.
Some are hesitant to report this type of sexual assault occurring between two minors. Additionally, in some cases, it can be difficult to evaluate and determine the abuser.
Child-on-child sexual abuse between minors occurs without the victim's consent, without physical, mental, or age equality, or resulting from coercion, emotionally or physically.
These cases often occur with minors between the ages of 12 and 14. At this point in the life of an adolescent, any sexual tendency or activity cannot be relegated to kids playing doctor, particularly when the ramifications of such activity or serious.
Sexual Assault Against Children
A sex crime involves unwanted touching of a body part, namely a person's genitals, groin, buttocks, anus, or breasts. The type of contact and the circumstances in which it was made also define what constitutes a crime and what does not. California recognizes various sexual assault crimes committed against children, such as the following:
- Rape,
- Sodomy,
- Oral copulation,
- Sexual penetration,
- Child prostitution,
- Child pornography,
- Abduction for sexual gratification
- Sex trafficking purposes
California defines molestation differently than it defines other types of sex acts against children. Child molestation can include almost any type of inappropriate behavior, such as touching, kissing, making sexual or lewd comments, etc.
Sexual abuse and molestation often happen in the context of school bullying. Sometimes, there's a significant age gap between the victim and the offender, as when a teen abuses a younger child.
Who May Be Liable?
When another child sexually abuses a child, identifying who may be held liable is an essential step in pursuing justice and compensation, although it can be complicated. Liability in these cases may extend beyond the perpetrator and include other parties whose actions (or inactions) contributed to the abuse.
- The Perpetrator: Even though minors may not face criminal prosecution in some cases, they can still potentially be held financially responsible in a civil lawsuit, even into adulthood.
- The Perpetrator's Parents: Under California law, parents or guardians of a minor may be held partially liable for their child's intentional actions, including sexual abuse. This liability arises from their legal responsibility to supervise and control their children's behavior. If it can be demonstrated that the parents were negligent-for example, by failing to prevent known or foreseeable harmful behavior on the part of their child-they may be ordered to pay damages.
- Schools, Organizations, or Institutions: Institutions that fail to provide a safe environment for children may also be held liable in child-on-child sexual abuse cases. For example, a school that ignores complaints of abuse or a youth organization that fails to conduct adequate staff training or implement policies to prevent abuse could be found negligent.
- Daycare or Youth Group. If the abuse occurred in daycare or at a youth group, or while under the supervision of an adult, that adult and the organization itself may be held liable. The same is true if your child was abused at a foster care residence, Boy Scouts, or Girl Scouts.
In California, minors 14 years and older may face severe criminal penalties for abusing younger children. Detention, probation, and lifetime registration as a sex offender are a few of the consequences perpetrators may expect.
As the victim's parent or guardian, you have the potential to bring a civil lawsuit against the juvenile perpetrator's parents or legal guardians. This legal action can provide a means of seeking justice and compensation for the harm caused to your child.
Who Else May Be Responsible?
Often, sexual abuse occurs while the victim is under the responsibility of some organization, such as in school, in a religious institution, in a summer camp, during sports practice, etc.
Teachers, administrators, and other people in positions of authority must provide a safe environment for the children under their care. Failing to do so may render the institution liable for any abuse resulting from negligence.
For example, a school must supervise students while on school grounds, including during breaks, and establish reasonable rules to protect them from abuse. Special needs children and teens, who are more vulnerable to sexual molestation and abuse, may need extra oversight. If sexual assault does occur at school, the institution must report the incident and notify the victim's parents or guardians.
If the school didn't do enough to protect your child and stop the abuse, you may be able to file a lawsuit against the institution for negligent supervision. A child-on-child sex abuse lawyer can look into your case and let you know your options for legal recourse.
Red Flags of Sexual Abuse
Children often struggle to articulate exactly what happened to them. Some children stay silent because they feel shame or fear that the responsible adults won't believe them. Sometimes, the perpetrator may manipulate or bully the victim into silence.
If you're a parent or guardian, listen to your instincts if something about a child's behavior seems off. Pay attention to warning symptoms like the following:
- Changes in eating habits,
- Signs of physical trauma,
- Inexplicable bruising or bleeding in the genital area,
- Regressive behaviors like bed-wetting,
- Self-harming symptoms or expressions,
- Age-inappropriate talk about sexual issues,
- Mood swings and unusually secretive behavior,
- Refusal to go to school or other places where abuse may occur,
- Social withdrawal and spending too much time alone,
- Anxiety or decreased interest in usual activities.
If you notice any of the above, please speak with your child and try to determine what is going on. Let your child know that they've done nothing wrong and that you'll do anything in your power to protect them.
Report the sexual abuse incident to the police and remove your child from any potentially abusive environment. Also, document all instances of abuse and your communication with the relevant institution. For example, save any proof of inadequate supervision.
Seek therapy for your child. Sexual abuse survivors often suffer far-reaching emotional harm like depression, low self-esteem, and inability to trust other people.
Damages That May Be Claimed
Sexual abuse has wide-ranging consequences for survivors and their families, affecting not only their physical and emotional well-being but also their financial stability. A civil lawsuit can help address these impacts by allowing survivors and their families to claim a variety of damages, including, but not limited to:
- Medical Expenses: Sexual abuse often requires medical attention, whether for injuries sustained during the abuse or for ongoing health conditions resulting from the trauma. Survivors may claim compensation for past, present, and future medical costs, including hospital visits, medication, or specialized medical care.
- Therapy and Counseling Costs: The psychological toll of sexual abuse can be profound. A civil claim can recover the cost of these services, whether they include individual therapy, family counseling, or group support programs.
- Loss of Income Potential: For child survivors, the long-term effects of abuse can impact their ability to pursue education or maintain steady employment later in life. If the survivor's income or career prospects are diminished as a result of the abuse, they may claim compensation for the loss of future earnings.
- Pain and Suffering: Unlike economic damages such as medical bills or lost income, pain and suffering refer to the emotional and psychological harm caused by the abuse. Survivors may claim compensation for anxiety, depression, post-traumatic stress disorder (PTSD), and other forms of emotional distress resulting from the abuse.
What Are Possible Criminal Charges?
On the issue of filing criminal charges for sexual assault involving two minors, or when a minor is the victim, California law includes the following:
- If a minor is over 14 and sexually abuses a younger minor child, the offender may be charged with a felony in accordance with Penal Code 288(a). Suppose the offender is charged as an adult. In that case, the penalties may include a prison sentence, a maximum fine of $10,000, formal supervised probation, one strike under the Three-Strikes laws, and required registration as a sex offender.
- Minors who are 14 to 17 may be charged with a misdemeanor for consensual sexual activity. This includes sexual intercourse or lascivious or lewd acts with a child, and is subject to disposition in a juvenile court.
- Under Penal Code 311 PC, sexting is also punishable and categorized as possessing, producing, or distributing child pornography.
- Minors who are determined delinquent for child-on-child sexual abuse may be assigned detention or home probation until the age of 25, based on the evaluated risk to the public and the severity of the offense.
- A minor charged with a sex offense may be subject to lifetime sex offender registration pursuant to California's Sex Offender Registration Act under California Penal Code 290 PC.
Notably, suppose a child is below the age of 14 and is suspected of committing sexual abuse against another child. In that case, the state of California will not conduct criminal proceedings against the offender.
Statute of Limitations
California law takes into account that a child survivor of sexual abuse may not have the capacity to understand the damage caused to them, let alone be able to express it or pursue justice, until sometimes many years after the abuse occurred. For that reason, the statutes of limitations are very generous when it comes to child survivors filing suits against their perpetrators, such as the following:
- Filing on Behalf of a Minor. Parents or guardians may file a civil claim on behalf of a child survivor at any time before the child turns 18. Once the child comes of age, they become responsible for filing their claims.
- Adult Survivors of Past Abuse. For abuse that occurred before January 1, 2024, survivors have until they reach their 40th birthday to file a civil claim. This extended timeline recognizes that many survivors need years, if not decades, to process their trauma and take legal action.
- Abuse Occurring On or After January 1, 2024. In a recent change to the law, for cases of sexual abuse occurring on or after January 1, 2024, California has eliminated the statute of limitations. Survivors can file a civil claim at any time, regardless of their age or how much time has passed since the abuse.
Why You Need a Sexual Abuse Lawyer
Bear in mind that, despite these generous windows of time, evidence tends to fade over time, from physical evidence to witness memories, and so on. The sooner after the incident you file a civil claim, the better your chances of proving liability and receiving a generous settlement.
Even so, our California sexual abuse attorneys are highly skilled and experienced with even the most complex cases. We will work tirelessly to secure the compensation you need to find closure, justice, and move forward with your life.
If your child falls victim to sexual abuse by an underage perpetrator, call us to consult a juvenile sexual abuse attorney. We provide legal help for child abuse cases and will use every option under California law to help you fight for justice. The Injury Justice Law firm is located in Los Angeles, CA.
Related Content:
