When a child is the victim of abuse or molestation, a case or claim can be pursue on behalf of the injured child. The civil case may be pursued against the perpetrator as well as a school, day care center, church, or other entity that may have employed the perpetrator if the abuse took place as at the facility or during a facility related event and field trip. In many instances, the Defendant uses a position of trust to gain access to the child. As part of the manipulation, the Defendant may use this position of trust to not only mislead the child but to also mislead the parents.
If a child is raped, abused, or molested and then undergoes a medical examination, there may be forensic or medical evidence to support the case. In addition, there may be forensic or medical evidence if there is blood, fluids, or other DNA that can be detected on clothing, bedding, and / or other items. In some instances, there is even a child that results from the illegal and immoral acts of the perpetrator against the child victim. While medical evidence including that of DNA can be quite powerful, the pursuit of a civil case is not necessarily wholly contingent on the availability or proof of medical evidence.
It should be noted that other evidence may be used to pursue a case or claim for the abuse and / or molestation of a child as follows:
Verbal admissions of the Defendant;
Text messages sent by or received by the Defendant;
E-Mails sent by or received by the Defendant;
Photos evidencing the inappropriate relationship or acts;
Video evidencing the inappropriate relationship or acts;
Witnesses to the inappropriate relationship or acts;
Violation of the policies and procedures of the facility; and / or
Civil cases involving the abuse or molestation of a child can be very complicated as to evidence, insurance, and other matters. Because of this, it is important for the parent of the injured child to consult with a Florida Child Injury Lawyer for advice, consultation, and legal advice.
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on School Injuries, Day Care Center Injuries, Homeowner’s Insurance, and other topics. You can get this book for free at The ABCs of Child Injury.