The San Bernardino County Sheriff’s Department is investigating an incident of a 15-year-old girl who was sexually assaulted by someone she met online. According to detectives, the girl was sexually assaulted by the man in the back seat of his car in the Adelanto area of California. The incident occurred in the middle of the night, when the girl snuck out of her home to meet up with the perpetrator.
The victim contacted the police around 3 AM on Wednesday, January 17, 2023. “We do know that the 15 -year-old victim ran away from home with a male subject who she met online,” said a spokesperson for the San Bernardino County Sheriff’s Department. “The male suspect sexually assaulted the victim and released her somewhere in the area.”
Sadly, children are still vulnerable to predatory individuals online, even though many of them are more tech savvy than their parents. The problem is that child abusers are highly skilled at grooming children and putting them at ease. This is easier to do online than it is in real life, which is why kids are so vulnerable when they engage with adults on social media platforms. Erlinda Rogers of the San Bernardino County Sheriff’s Department emphasized that according to the Center of Missing and Exploited Children, “it only takes eight minutes for a predator to earn the trust of a child.”
We can all agree that oversight by parents is a critical tool in the prevention of online sexual abuse. But what about the sites that allow these individuals to prey on innocent children? What are the obligations they have towards their younger consumer base? These companies have a duty of care to underage users, and failure to take reasonable precautions to protect minors can make them liable if a child is sexually assaulted by someone on their platform.
Are you a victim of sexual assault by someone you met online? Was your child sexually abused by a pedophile that they encountered on a messaging app, social media site or public forum? The sexual abuse lawyers of Normandie Law Firm can help you file a lawsuit and obtain the compensation you deserve by law. For a free, confidential case review, please reach out to us at your earliest convenience.
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Can I Sue an Online Platform for Child Sexual Abuse?
Yes, it’s possible to sue a social media site, app, or website if they failed to take precautions to protect minors from sexual predators. Of course, parents and guardians are supposed to monitor a child’s online activity, especially nowadays when it’s normal for children to have cell phones with internet access. But online platforms also have a duty of care to protect their users. That’s why some websites can only be accessed by adults, but it’s common knowledge that most social media sites and messaging apps are accessible to kids as young as 13.
Lack of safeguards for children is a common issue with sites like TikTok, which is being investigated by the US government for its long-standing negligence when it comes to the sexual exploitation of minors. According to Erin Burke of the US Homeland Security’s cybercrime division, TikTok is “the platform of choice” for child molesters.
Essentially, these companies are far more interested in generating income through their millions of users than they are in monitoring and removing problematic individuals from their platform. Their negligent handling of CSAM (child sexual abuse material) and users that violate the terms of service put countless children at risk. It should also be noted that these companies are in violation of state and federal laws, like California’s Assembly Bill 1394.
Recently signed into law, AB 1394 is meant to punish internet platforms that knowingly aid or facilitate sexual abuse against minors. Companies that violate the law through lack of monitoring, failing to remove users engaging in sexually inappropriate conversations with minors, etc., can be fined up to $250,000 for each violation.
As someone that was subjected to sexual abuse by someone you met online, you may have grounds to sue for monetary damages, like emotional distress, medical expense, and pain and suffering. If you are a family member of a child abuse victim, we can help you file a sexual assault lawsuit on their behalf. Contact us today if you would like to discuss the option of suing an online platform for the sexual abuse of children.
Average Value of a Child Sexual Assault Lawsuit
The amount of compensation for child sexual assault can range from $1,500,000 to $10,000,000. But as a general rule, we would say that the average value of a sexual abuse lawsuit is $3,000,000 to $5,000,000. However, the actual amount you can receive from a lawsuit is based on numerous factors, such as:
- The acts of abuse that were inflicted on the child
- How the incident affected the victim’s physical or mental health (injuries)
- Negligence or misconduct that contributed to or enabled the abuser to sexually abuse a minor
- Monetary damages owed to the victim as a result of their injuries
By speaking to a sexual abuse lawyer at our office, you can determine a case value that’s based on your level of harm and suffering. Contact us today and schedule a free consultation with a member of our legal team.
Amount of Time to Settle a Lawsuit for Sexual Abuse of a Minor
It takes around 12 to 24 months to reach a settlement for lawsuits involving sexual abuse against a minor. But the actual timeline depends on many factors that are specific to your case, which is why some sexual assault cases are settled within a few months, while others take over 3 years. But civil lawsuits involving online sexual abuse are incredibly complicated, which is why 1 to 2 years is a realistic timeline. If your case is tried in court, a sexual abuse claim can take several years from start to finish. However, less than 5% of these lawsuits go to trial in our experience, so it’s likely that we will settle your case without court intervention.
Statute of Limitations to Sue for Sexual Assault during Childhood
The deadline for a child sexual assault lawsuit is based on one of the following dates:
- The victim’s 40th birthday
- 5 years from the date of discovering a physical or psychological injury caused by sexual abuse
Keep in mind that the statute of limitations is based on the date that comes later. This is important, as some people struggle with mental health and/or physical health conditions for many years, but they are unaware that their pain and suffering is related to sexual abuse while they were children. Most people don’t figure this out until they seek help from a therapist, and by that point, they may be in their fifties or sixties. With that in mind, California laws allow adult survivors to sue for childhood sexual abuse within 5 years of discovering a sex abuse-related injury.
Due to the complex nature of child sexual assault, it can be difficult to figure out the amount of time you have to sue a social media site for negligence. A sexual assault lawyer at our law firm can help you figure out the statute of limitations, so please give us a call.
Contact Our Law Firm
Whether you are a sexual assault victim or the parent of a child that was assaulted, the impact of sexual abuse is profound and devastating. But help is available to assist you in the recovery process, including legal advice about your rights and legal options.
Only you can decide if filing a lawsuit is the right course of action, but we want you to make an informed decision, which is why we are offering a free case evaluation. In the event you have an active lawsuit, we can also provide you with a free second opinion. If you hire us to represent you, there are no out of pocket costs under the Zero Fee Guarantee. Legal fees are covered by the party that’s responsible for your injuries, and the only way we get paid is by recovering your settlement.
Please take a moment to contact our office and speak to a lawyer with experience in child sexual abuse lawsuits.
