Can You Sue an Institution for Failing to Protect You Against Sexual Abuse?

Cases of sexual abuse can go far beyond the perpetrator. Too often, institutions—schools, churches, youth organizations, camps, hospitals, and employers—fail to protect people in their care. In the worst cases, they may even look the other way, ignore warnings, or cover up abuse. 

If this happened to you or your child, know that you can hold these institutions accountable. Even if the abuser was never convicted in criminal court, you may still have the right to bring a personal injury lawsuit against the institution that allowed the abuse to occur. 

Civil Lawsuits Differ from Criminal Cases 

One important point survivors should know is that criminal charges are not required to bring a civil case. Criminal cases are brought by the state against an individual perpetrator with the goal of punishment, up to and including prison, probation, or fines. 

Civil lawsuits, on the other hand, are brought by survivors with the help of sexual abuse lawyers. These lawsuits are not filed against the perpetrator. Instead, they are filed against the institution and/or other individuals that failed to protect the victim from harm. Even if the perpetrator was acquitted or never criminally charged at all, you can still file a civil lawsuit if you can show that an institution’s negligence, recklessness, or intentional acts contributed to the abuse. 

Who Can Be Held Civilly Liable for Sexual Abuse or Assault? 

In New Jersey, institutions that have a duty to protect people in their care can be held liable if they fail in that duty. Potentially responsible organizations include: 

• Schools and Universities: if they ignored reports of teacher, coach, or peer abuse. 
• Religious Institutions: if clergy or staff committed abuse, or if church leaders concealed misconduct. 
• Youth Organizations and Camps: such as the Boy Scouts or summer camps that failed to properly screen or supervise staff. 
• Hospitals and Medical Facilities:  if doctors, nurses, or staff abused patients and administrators failed to intervene. 
• Employers: if they failed to act on reports of workplace sexual harassment or abuse. 

An institution may be liable for negligent hiring, negligent supervision, or negligent retention if they allowed known abusers to stay in positions of power. 

How These Cases Work 

Civil lawsuits against institutions for sexual abuse typically require that the following be proven:

• Duty of Care: That the institution had a legal responsibility to protect those in its care. 
• Breach of Duty: That the institution failed to act reasonably, for example, ignoring complaints, failing to screen employees, or covering up misconduct. 
• Causation: That this failure allowed abuse to occur or continue. 
• Damages: That the survivor suffered physical, emotional, and/or financial harm as a result. 

Are There Statutes of Limitations in New Jersey? 

There is no statute of limitations for bringing criminal charges in cases of sexual assault. However, in the past, strict deadlines (called statutes of limitations) have prevented survivors of childhood sexual abuse from filing civil lawsuits if too much time had passed since the abuse. That has changed. 

• Under the New Jersey Child Victims Act (2019), survivors of childhood sexual abuse now have until age 55 or until seven years after discovering the abuse-related injury, whichever is later, to file a civil lawsuit. 
• Adult survivors of sexual assault have two years from the date of the assault or discovery of related harm to bring a civil claim. 

Even if you’re unsure whether you are within the deadline, you should speak with an attorney. Courts sometimes extend deadlines depending on the facts, and failing to act quickly could mean losing your right to sue. 

What Compensation Can Survivors Recover?

Civil lawsuits allow survivors to pursue justice and financial recovery for the full scope of harm. While financial recovery cannot erase what happened, it can provide resources for healing and hold institutions accountable for their failures.

Damages may include: 

• Medical expenses: therapy, counseling, or treatment for physical injuries. 
• Lost income and loss of earning capacity: if the abuse has affected the survivor’s ability to work. 
• Pain and suffering: emotional trauma, anxiety, depression, PTSD, and a diminished quality of life. 
• Punitive damages: In some cases, courts may award additional damages to punish particularly egregious conduct or cover-ups by institutions. 

Holding Institutions Accountable Matters

When institutions enable abuse, they often repeat the same mistakes unless they are held accountable. Civil lawsuits can force organizations to: 

• Change policies to protect children and vulnerable adults. 
• Remove dangerous employees or leaders. 
• Publicly acknowledge wrongdoing. 
• Provide survivors with validation and a sense of justice. 

By standing up, survivors not only seek justice for themselves but may also prevent others from being harmed in the future. 

Legal Considerations and Challenges

Sexual abuse and assault cases can be complex. Institutions often have powerful lawyers and insurance companies working to minimize liability. Common defenses they may raise include: 

• Denial of Knowledge: claiming they were unaware of the abuse. 
• Statute of Limitations: arguing that the lawsuit was filed too late. 
• Victim Blaming: suggesting that the survivor consented or failed to report sooner. 

Taking on an individual abuser is difficult enough. Taking on a large institution can feel overwhelming. But you don’t have to do it alone. An experienced sexual assault attorney can counter these tactics by uncovering internal records, presenting prior complaints, and bringing in expert witnesses to explain trauma and delayed reporting. 

Make Your Voice Heard and Get Justice

Yes, you can sue an institution for failing to protect against sexual abuse—and you should. Even if your abuser was never convicted, civil law gives survivors the power to hold schools, churches, camps, medical facilities, and other organizations accountable for negligence or cover-ups. With strong legal representation, you can pursue justice, protect others, and take an important step toward healing. 

At Eichen Crutchlow Zaslow, we believe survivors deserve to be heard, believed, and protected. Our attorneys have the experience and resources to take on powerful institutions and fight for justice on your behalf. If you or a loved one experienced sexual abuse and believe an institution failed to protect you, contact us today for a confidential, free consultation.