Tennessee Child Sex Abuse Lawyer

Understanding Liability in Child Sex Abuse Cases

Child sex abuse cases are among the most devastating and legally complex matters, often leaving survivors with lifelong emotional and psychological trauma. As child sex abuse lawyers, we understand.

Tragically, in many instances, child sex abuse occurs in settings that should be safe, including churches and religious organizations, schools and educational institutions, youth sports and athletic organizations, daycare, foster care and group homes, camps, and after-school programs. Seeking justice requires compassionate legal representation from child sex abuse attorneys that understand the sensitive nature of these cases while aggressively pursuing accountability for abusers and negligent institutions and organizations.

If you or a loved one has been impacted by child sexual abuse, it is crucial to explore your legal options and take the necessary steps toward justice.

You don’t have to face this battle alone – we can help. Contact our offices today at 276-618-3327 to schedule a free consultation with an experienced Tennessee child sex abuse lawyer who can guide you through the legal process and help you seek the justice and compensation you deserve.

What Constitutes Child Sexual Abuse in Tennessee?

Tennessee law defines child sexual abuse as any unlawful sexual contact or conduct with a minor. These crimes can include but are not limited to:

• Sexual assault and molestation
• Exploitation
• Possession or distribution of child pornography
• Online solicitation of a minor

The state imposes severe penalties for those convicted, and civil claims can also be pursued against perpetrators and institutions that fail to protect the child.

Who May Be Responsible for Sexual Assault? The Liability of Institutions and Organizations

Child sex abuse is reprehensible. Tragically, child sex abuse often results from a direct failure by organizations and institutions to protect children and teenagers from predators.

When sexual assault or other sex crimes occur, Tennessee law allows the victims to seek compensation from those organizations and institutions for their negligence or wrongful conduct that allowed the sex abuse or sex crimes to occur.

As sexual abuse lawyers, we are dedicated to helping bring justice for the survivors of abuse.

Specific organizations and institutions that may be legally liable for sexual abuse and sex crimes include:

• Schools and Educational Institutions – Public and private schools have a duty to ensure students’ safety. If a school failed to conduct proper background checks, ignored complaints, or allowed a known predator to remain employed, it could be held liable.
• Religious Organizations and Churches – Churches and religious institutions often oversee youth programs and employ clergy members who work closely with minors. If an institution ignored reports of abuse, failed to investigate complaints, or transferred a staff member who has been suspected of sexual abuse to another location, the institution may be legally responsible for resulting abuse. As an example, the Catholic Church has paid more than $4 billion to date to the victims of clergy sexual abuse.
• Youth Sports Leagues and Athletic Organizations – Youth sports programs, including those affiliated with schools, recreational centers, or national leagues, must take precautions to prevent abuse. Failure to implement safety protocols, conduct background checks, or respond appropriately to allegations can lead to liability.
• Daycares and Childcare Centers – Childcare facilities are expected to maintain a safe environment for children. If staff members or administrators ignored signs of abuse or allowed an unsafe employee to remain on staff, the facility may be held responsible. 
• State Agencies, as the result of abuse in Foster Care Environments  and Group Homes – Agencies (including government agencies) that place children in foster care or group homes must ensure the safety of their placements. Tragically, foster care agencies sometimes fail to properly investigate the backgrounds of foster parents or those managing group homes, leading to sexual and other abuse of children. Even after placement, state agencies must take reasonable action to ensure that abuse is not taking place, such as home inspections, and they must vigorously investigate and reports or suspicions of abuse.
• Camps, After-School Programs, and Other Organizations – Any organization responsible for the care and supervision of children must take reasonable steps to prevent abuse. Inadequate staff training, lack of supervision, or ignoring past complaints can lead to liability. As an example, the Boy Scouts of America recently agreed to a $2.46 billion settlement in response to approximately 82,500 claims of men who alleged they were abused while scouts.

The Liability of Mandatory Reporters

Many professionals – such as teachers, school administrators, physicians, nurses, and other medical personnel – are “mandatory reporters.”  This means that if they have reasonable suspicion of sexual abuse, they must report their suspicions to the police.  They cannot simply “look the other way.”

Can You File a Civil Lawsuit for Child Sex Abuse in Tennessee?

Yes, survivors of child sexual abuse can file a civil lawsuit against their abuser and, in some cases, against institutions that enabled or failed to prevent the abuse. Civil lawsuits can provide compensation for damages such as:

• Medical and therapy expenses
• Pain and suffering
• Emotional distress
• Lost wages or reduced earning potential

Understanding Criminal and Civil Liability

Sexual assault and related matters are subject to both criminal and civil law.

Criminal charges may be brought by the applicable prosecutor’s office on behalf of the state. Conviction of sexual abuse or related offenses usually requires a unanimous jury verdict and finding of guilt beyond reasonable doubt, and can result in imprisonment and other penalties.

An individual cannot bring criminal charges.  However, they can contact the police and/or the prosecutor’s office, and the prosecutor’s office can then determine whether criminal charges can be brought (which may be in addition to civil charges).

Civil claims may be brought by (or on behalf of) the victims of sexual assault. In civil cases, a defendant may be found liable if the jury concludes that “more likely than not” that the defendant committed the alleged actions. If this liability is determined, a jury will have broad discretion to award compensation for all damages that were caused by the defendant, including ongoing pain and suffering and emotional pain. 

What Is the Statute of Limitations for Filing a Sex Abuse Lawsuit in Tennessee?

The statute of limitations for filing a sex abuse lawsuit in Tennessee varies depending on whether the case is criminal or civil. In recent years, Tennessee lawmakers have made significant changes to these laws, extending time limits to give survivors more opportunities to seek justice.

Sex Abuse Civil Lawsuits

For civil claims, Tennessee law generally allows survivors of child sexual abuse to file a lawsuit until their 33rd birthday or within three years from the date they discover that the abuse caused their injuries.[1] This provision recognizes that many survivors may not fully understand the impact of their abuse until much later in life.

Additionally, survivors may be able to bring claims against third parties—such as institutions, schools, religious organizations, or employers—if negligence contributed to the abuse. The statute of limitations for these claims may vary based on the circumstances of the case.

Criminal Cases for Sex Abuse

For criminal charges, Tennessee has eliminated the statute of limitations for certain serious sex crimes against minors, including rape and aggravated sexual battery. This means that prosecutors may be able to file criminal charges against an abuser at any time, regardless of how much time has passed. Other sex crimes involving minors may have specific time limits based on the severity of the offense and the age of the victim.

Exceptions to the Statute of Limitations

There are some exceptions that may allow survivors to file lawsuits outside the standard limitations period, including:

• Repressed Memory or Delayed Discovery: If a survivor was unaware of the abuse or its effects until later in life, the discovery rule may extend the filing deadline.
• Institutional Cover-Ups: If an organization actively concealed evidence of abuse, courts may allow an extended timeframe for filing claims.
• Changes in the Law: Tennessee has updated its laws in recent years to provide survivors with more opportunities to seek justice. Future legislative changes could further impact filing deadlines.

Even though Tennessee provides extended time limits for sex abuse lawsuits, it is still crucial for survivors to act as soon as possible. Waiting too long can result in lost evidence, fading witness memories, and reduced legal options. Consulting with a Tennessee child sex abuse lawyer early in the process can help ensure all legal rights are protected and that a case is filed within the applicable deadlines.

If you or a loved one is considering legal action, as Tennessee sex abuse lawyers we can explain how the statute of limitations applies to your situation and what steps you can take to pursue justice.

We invite you to call our offices at 276-618-3327 to schedule a free consultation – We have staff available 24/7 to answer you call!

In the interim, below are frequently asked questions about child sex abuse lawsuits.

How Much Does It Cost to Hire a Sex Abuse Lawyer in Tennessee?

At the Law Offices of Mark T. Hurt, we understand that financial concerns should never stand in the way of seeking justice. That’s why we offer contingency fee representation for child sex abuse cases. This means that survivors and their families do not have to pay any upfront legal fees—we only get paid if we successfully recover compensation on your behalf.

What Is a Contingency Fee?

A contingency fee arrangement allows survivors to pursue legal action without financial risk. Here’s how it works:

• No Upfront Fees – You do not pay anything to hire us or begin your case.
• No Fees Unless We Win – Our legal fees are only collected as a percentage of the settlement or court-awarded compensation.
• We Advance Litigation Expenses – We also advance litigation expenses while a case is ongoing, such as:
  • Court filing fees
  • Expert witness fees (medical professionals, forensic specialists, child trauma experts)
  • Deposition and litigation costs

These costs are usually deducted from the final settlement or verdict, meaning you still do not pay anything out-of-pocket while your case is ongoing.

What If There Is No Financial Recovery? Do I Need to Pay Legal Fees?

No.

If we do not obtain financial compensation for you, you owe us nothing in legal fees. Our firm takes on the financial risk so that survivors can focus on healing and justice, rather than worrying about legal expenses.

What Are The Benefits of a Contingency Fee Arrangement?

• No financial barrier to seeking justice – Survivors can pursue claims without worrying about legal fees.
• Motivates strong representation – Our firm is committed to securing the maximum compensation possible because our payment is tied to your success.
• Focus on your recovery – You don’t have to stress about legal bills while navigating emotional and psychological healing.

If you or a loved one is considering legal action for child sex abuse, we encourage you to contact the Law Offices of Mark T. Hurt for a free and confidential consultation. There is no cost to speak with us and discuss your options. Let us fight for the justice and compensation you deserve—without adding to your financial burden.

Can You Sue Organizations for Negligence in Child Sex Abuse Cases?

Yes, in Tennessee, organizations can be held legally responsible if they were negligent in preventing or responding to child sexual abuse. Many institutions have a duty of care to protect children from harm, and when they fail in that responsibility, survivors may have grounds for a civil lawsuit. Institutions such as the Catholic Church and Boy Scouts of America have paid billions to the victims of child sex abuse.

Legal Theories of Negligence in Child Sex Abuse Cases

To successfully sue an organization for negligence in a child sex abuse case, a sex abuse survivor typically must prove one or more of the following legal theories:

• Negligent Hiring – If an organization failed to conduct adequate background checks before hiring an employee or volunteer who later committed abuse, it may be considered negligent.
• Negligent Supervision – If an institution failed to properly monitor staff, volunteers, or other individuals interacting with children, it can be held responsible for any abuse that occurred as a result.
• Negligent Retention – If an organization was aware of prior complaints or inappropriate behavior by an employee but failed to take corrective action, it could be liable for any subsequent abuse.
• Failure to Report – Tennessee law mandates that certain professionals, such as teachers, medical providers, and religious leaders, report suspected child abuse. If an organization ignored or covered up reports, it could face legal consequences.
• Institutional Cover-Up – If an organization actively concealed abuse allegations, failed to investigate claims, or discouraged victims from coming forward, it could be held accountable in a civil lawsuit.

How Do You Prove Negligence in a Child Sex Abuse Lawsuit?

To establish negligence, a survivor (plaintiff) must demonstrate the following elements:

• Duty of Care – The organization had a legal duty to protect children in its care.
• Breach of Duty – The organization failed to take reasonable steps to prevent abuse.
• Causation – The organization’s negligence directly contributed to the abuse occurring.
• Damages – The survivor suffered physical, emotional, or financial harm because of the abuse.

Evidence that can help support a case includes internal emails, employee records, prior complaints against the abuser, witness testimony, and expert opinions from child safety professionals.

What Compensation Is Available in Negligence Lawsuits Against Organizations?

Survivors who sue negligent organizations may be eligible for compensation, which can include:

• Medical Expenses – Costs related to therapy, counseling, and other treatments for emotional and psychological recovery.
• Pain and Suffering – Compensation for the trauma endured due to the abuse.
• Loss of Income – If the abuse impacted a survivor’s ability to work or earn a living, they may be able to recover lost wages.
• Punitive Damages – In cases where an institution engaged in extreme negligence or willful misconduct, the court may award punitive damages to punish the organization and deter similar behavior in the future.

What Are the Steps to Filing a Civil Lawsuit for Child Sex Abuse?

At the Law Offices of Mark T. Hurt, we understand the immense courage it takes for survivors to come forward and seek justice. As Tennessee child sex abuse lawyers, we are committed to guiding survivors and their families through every step of the legal process with compassion and determination.

Our goal is to ensure that abusers and any negligent institutions that allowed the abuse to occur are held fully accountable. Below is an overview of what you can expect when working with our firm to file a civil lawsuit for child sex abuse.

1. A Confidential Consultation

The first step in any child sex abuse case is a private and confidential consultation with our firm. We take the time to listen to your story, understand your concerns, and discuss the legal options available to you. We know that revisiting past trauma can be difficult, so we approach this conversation with the utmost care and respect. During this consultation, we will assess your case, explain your rights under Tennessee law, and outline the potential avenues for seeking justice and compensation.

2. Comprehensive Investigation

Once we take on your case, our firm conducts a thorough investigation to build a strong legal claim. This process may include:

• Reviewing medical records, therapy notes, and psychological evaluations.
• Gathering witness testimony from individuals who can provide key insights into the abuse.
• Examining institutional policies, hiring records, and past complaints to determine if negligence played a role.
• Consulting with experts in child trauma, forensic evidence, and institutional liability.

We work tirelessly to uncover any evidence that strengthens your case and exposes any failures by individuals or organizations that should have protected you.

3. Filing the Civil Lawsuit

After gathering substantial evidence, we move forward with filing a formal lawsuit on your behalf. The lawsuit will identify the responsible parties—whether the abuser, an employer, a school, a church, or another negligent institution—and outline the legal claims being brought against them. We seek full compensation for the harm you have suffered, including medical expenses, pain and suffering, lost wages, and punitive damages in cases of extreme negligence.

4. Discovery Process

Once the lawsuit is filed, both sides engage in discovery, a legal process where evidence is exchanged. During this phase, we:

• Demand records, emails, and other internal documents from the defendants.
• Conduct depositions (sworn interviews) of key witnesses, including institutional representatives.
• Work with forensic experts and professionals who can validate the claims and assess damages.

Discovery is often where institutions attempt to deny responsibility, minimize liability, or even try to intimidate survivors into settling for less than they deserve. Our firm does not allow these tactics to go unchallenged. We aggressively push for full transparency and accountability.

4. Negotiation or Trial

Many child sex abuse cases result in settlements, as institutions and abusers often prefer to resolve cases privately rather than face a public trial. If a fair settlement can be reached that provides full and just compensation, we will negotiate the best possible outcome on your behalf. However, if the defendant refuses to take responsibility, we are fully prepared to take your case to trial.

At trial, we present compelling evidence, expert testimony, and survivor statements in seeking to prove the extent of the harm caused. Our team is experienced in handling sensitive cases in the courtroom, ensuring that your voice is heard and that justice is served.

How Can a Lawyer Help in a Child Sex Abuse Case?

A Tennessee child sex abuse lawyer plays a crucial role in:

• Navigating state laws and legal procedures
• Collecting and presenting compelling evidence
• Negotiating settlements or representing clients in court
• Providing compassionate support throughout the legal process

What Questions Should You Ask a Lawyer Before Hiring?

When seeking legal representation, consider asking:

• How do you approach cases involving institutions?
• What legal options do I have?
• What are the possible outcomes of my case?
• How do you handle cases involving confidential or sensitive information?

What Resources Are Available for Child Sex Abuse Survivors in Tennessee?

Survivors of child sex abuse can access various support organizations, including:

• Tennessee Child Advocacy Centers – Provides counseling and advocacy services.
• National Sexual Assault Hotline (RAINN) – Offers confidential support at 1-800-656-HOPE.
• Local Therapy and Counseling Services – Professional mental health support tailored for abuse survivors.

How Can Family Members Support a Survivor?

Family members play a vital role in the healing process. Support strategies include:

• Encouraging therapy and professional counseling
• Being patient and understanding
• Helping navigate legal options without pressure
• Assisting with financial or logistical needs related to the case

Schedule A Free Consultation with An Experienced Tennessee Child Sex Abuse Lawyer Today

If you or a loved one has been affected by child sex abuse, taking legal action can help secure justice and financial recovery. A Tennessee child sex abuse lawyer can provide the legal guidance needed to hold abusers accountable and seek compensation for damages.

At the Law Offices of Mark T. Hurt, we are committed to advocating for survivors and ensuring their voices are heard. Contact us today for a free, confidential consultation to discuss your case and explore your legal options.

---

[1] Tennessee Code Annotated § 28-3-116.