There are generally two reasons why sexual abuse survivors file a civil suit for the abuse: to seek compensation for the harm they have endured, and to hold accountable and penalize those responsible for causing or enabling the abuse.
Compensatory damages effectively cover the first goal, and they are awarded to compensate for tangible and intangible losses, such as medical expenses, therapy costs, and emotional distress. Punitive damages, on the other hand, aim to punish the offender for egregious behavior and to deter similar offenses in the future.
Punitive damages are a rare occurrence in civil cases, including those related to sexual abuse. Courts approach them with extreme caution, as they go beyond compensating the victim to extend punishment to the defendant and send a strong message to society.
The inherent egregiousness of sexual abuse often compels courts to consider punitive damages more frequently than in other types of civil claims. This recognition of the severity of the offense can provide reassurance to survivors.
In the simplest of terms, punitive damages, intended to punish wrongdoing and deter future misconduct, are not always awarded in sexual abuse civil suits. Still, they are more likely to be considered in these cases than in other types of civil lawsuits.
As noted, punitive damages in sexual abuse civil suits in California are not commonly awarded, even in cases where the plaintiff wins. While sexual abuse cases can be more likely to result in punitive damages than other personal injury cases due to the intentional and often malicious nature of the assault, the standard for obtaining punitive damages is extremely high.
Depending on the circumstances of your case, if you're a sexual abuse survivor filing suit against those responsible, there's not a significant possibility that the court will award punitive damages in addition to covering your losses.
What Punitive Damages Aim to Achieve
Punitive damages serve two key purposes. First, they punish the perpetrator by requiring them to pay significant sums, emphasizing the seriousness of their actions and the consequences of misconduct. Second, they deter similar behavior in the future, both from the individual and others.
This is especially important in cases involving institutions like schools, workplaces, or religious organizations, where systemic failures may have enabled abuse. By awarding punitive damages, courts push these entities to strengthen safeguards and better protect vulnerable individuals.
Sexual assault and abuse cases are considered particularly egregious, making punitive damages more likely, but still uncommon. Punitive damages punish egregious behavior and deter similar actions in the future. Given the severity of sexual abuse, the potential for punitive damages is higher than in cases of simple negligence.
What are the Factors Considered?
While courts may be more inclined to award punitive damages in sexual abuse cases, the decision is far from automatic. Judges carefully evaluate several factors when determining whether punitive damages are warranted, including:
- The Severity of the Abuse. The nature and extent of the abuse play a critical role in the court's decision. Cases involving prolonged, repeated abuse or acts accompanied by extreme violence are more likely to result in punitive damages. The court's careful evaluation of the severity of the conduct reassures the survivor that justice is being served and their suffering is being acknowledged.
- The Defendant's Intent and Conduct. Courts examine whether the abuse was intentional, calculated, or involved a breach of trust. For example, a defendant who manipulated or coerced a survivor into a situation of vulnerability may face harsher punishment than someone whose actions were less premeditated. The court may also consider whether the defendant displayed remorse or attempted to obstruct justice by intimidating witnesses or concealing evidence.
- The Survivor's Harm or Injury. Judges consider the physical, emotional, and psychological damage inflicted on the victim, as well as how the abuse has affected their relationships, career, and overall well-being. The court's consideration of the survivor's well-being not only reassures them that their suffering is acknowledged and valued in the legal process but also fosters a sense of respect and dignity.
- The Defendant's Financial Status. To ensure that punitive damages serve their intended purpose, courts consider the defendant's financial resources. For wealthy individuals or organizations, punitive damages are often set higher to ensure that the penalty is both meaningful and proportionate, thereby ensuring a fair and equitable legal process.
When Punitive Damages Are Likely
While each case is unique, certain situations tend to result in punitive damages more frequently in sex abuse cases. These include:
- Abuse by Individuals in Positions of Power or Trust: Cases involving perpetrators who held authority over the survivor, such as teachers, clergy members, employers, Boy Scouts, and foster care, often lead to punitive damages. The abuse of power in these situations compounds the harm done to the survivor.
- Repeated or Systematic Abuse: If the abuse was part of a pattern of behavior and occurred over a prolonged period, the courts may view punitive damages as necessary to address the severity of the misconduct.
- Institutional Failures: When an organization is aware of or should have been aware of the abuse and fails to take action, punitive damages may serve to hold the organization accountable and encourage systemic change.
- Particularly Heinous Acts: Sexual abuse cases involving extreme cruelty, such as the use of threats, violence, or intimidation, are also more likely to result in punitive damages.
- Malice, Oppression, or Fraud: California law allows for punitive damages in sexual assault cases if the defendant acted with malice, oppression, or fraud. To receive punitive damages, the defendant must have acted with "clear and convincing evidence", a legal standard that requires a higher degree of proof than the usual "preponderance of the evidence." In sexual assault cases, plaintiffs can often argue that the abuser acted with malice.
The specific circumstances of each case play a significant role: Whether punitive damages are awarded and the amount depend on factors like the reprehensibility of the defendant's conduct, whether the defendant's actions were part of a pattern, and whether the defendant disregarded the victim's safety. In many cases, the decision to award punitive damages is made by a jury, who consider these factors and the evidence presented in the case.
What is Malice, Oppression, and Fraud?
These words have specific legal meanings. The full statutory text of California Civil Code 3294 says -
"(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
(b) An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee of the employer, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which the damages are awarded or was personally guilty of oppression, fraud, or malice. With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification, or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation.
(c) As used in this section, the following definitions shall apply:
(1) "Malice" means conduct which the defendant intends to cause injury to the plaintiff or despicable conduct which the defendant carries on with a willful and conscious disregard of the rights or safety of others.
(2) "Oppression" means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.
(3) "Fraud" means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.
(d) Damages may be recovered pursuant to this section in an action pursuant to Chapter 4 (commencing with Section 377.10) of Title 3 of Part 2 of the Code of Civil Procedure based upon a death which resulted from a homicide for which the defendant has been convicted of a felony, whether or not the decedent died instantly or survived the fatal injury for some time. The procedures for joinder and consolidation contained in Section 377.62 of the Code of Civil Procedure shall apply to prevent multiple recoveries of punitive or exemplary damages based upon the same wrongful act.
(e) The amendments to this section made by Chapter 1498 of the Statutes of 1987 apply to all actions in which the initial trial has not commenced prior to January 1, 1988."
Relevant California Laws
Civil Code Section 3294, discussed above, and California Civil Jury Instruction 3947 typically govern the award of punitive damages. The jury determines whether the defendant's conduct was committed with malice, oppression, or fraud, thereby causing harm.
The plaintiffs in sexual abuse and assault cases can often show that the person who committed the abuse acted with malice. A primary question our California sexual abuse lawyers often work to address is whether the corporation or organization that managed the employee can also be found liable for punitive damages.
Civil Jury Instruction 3947 provides that the defendant employer or defendant organization can be held liable for punitive damages if the employer or organization:
- Committed the act itself.
- Knew the defendant would commit the act.
- Authorized the act.
- Approved of the act.
For example, if a school district is aware that a teacher has committed a sexual assault, but transfers that teacher instead of terminating them or reporting them to the police, then the school may be held liable and could be ordered to pay punitive damages.
How Are Punitive Damages Determined?
Juries typically can consider the following factors when assessing punitive damages:
- There must be a compensatory damage award.
- The severity of the wrong act.
- The relationship to the actual harm.
- Defendant's ability to pay the punitive damage award
In compensatory damage claims, the plaintiff must prove their claim by a preponderance of the evidence, which essentially means that it is more likely than not. In punitive damage cases, the plaintiff must prove the claim by clear and convincing evidence.
Why Do You Need a Lawyer?
All sexual harassment, assault, and abuse cases are serious. They don't happen by accident, and the abuser intended to harm you. Our Los Angeles sexual assault attorneys fight to hold the accountable parties responsible for your emotional harm, physical harm, job and income losses, and your medical treatments.
While survivors of sexual abuse can petition the court for punitive damages, the decision ultimately lies with the judge. Judges exercise considerable discretion in weighing the circumstances of a case and determining whether punitive damages are justified.
While punitive damages are not awarded in every civil lawsuit, they are more likely to be pursued and awarded in sexual abuse cases in California because of the nature of the offense and the potential to demonstrate malice, oppression, or fraud on the part of the defendant.
A knowledgeable and experienced sex abuse attorney can improve the odds of punitive damages being awarded by presenting compelling arguments that emphasize the defendant's wrongdoing, the impact on your life, and the broader importance of deterring similar behavior. The sexual abuse attorneys at Injury Justice Law Firm are located in Los Angeles, CA.
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