Can a Teenager Sue for Sexual Assault?

Sexual assault and acts of sexual abuse are traumatizing events that profoundly impact the well-being of survivors, especially when the victims are minor children. Experiencing such violence at a young age can lead to long-lasting emotional and psychological harm. Unfortunately, legal action is often delayed or avoided due to fear or uncertainty about legal options available to victims and their families.

In some cases, a child’s actions following an assault—such as withdrawal, anxiety, or behavioral changes—may be the first indication of abuse. Families may also face significant financial burdens, such as counseling costs and lost wages for time taken off work to care for the child, similar to the aftermath of a car accident where injuries disrupt daily life.

Seeking justice for sexually abused survivors is an essential step toward healing and accountability. Understanding your legal options and taking appropriate steps can help ensure that perpetrators are held accountable, and survivors receive the support they need.

If your teenage child seeks legal representation to bring a claim against their abuser, Wagner Reese’s sexual abuse attorney Indiana team can help. Our role is to empower teenage survivors, ensure they are comfortable coming forward, and bring them justice. Here’s everything you need to know about whether they can sue as minors and the legal options available.

Can Teenagers Sue?

Although the age of majority in Indiana is 18, the rules regarding who can sue are outlined in the Indiana Rules of Trial Procedure.

According to Rule 17(c), minors, including teenagers, have the legal right to sue. But they may not sue in their own name. A parent, legal guardian, next friend (someone who appears in court in their place because they are a minor or considered incompetent), or guardian ad litem (appointed by the court) may sue on behalf of the minor.

What are the Rights of Sexual Assault Survivors?

Under Indiana Code, both rape and sexual battery are felonies that carry harsh penalties for the offender. Indiana also has a separate law for sexual misconduct with a minor that states that when a person 18-20 years old has sex or sexual conduct with a child 14 or 15 years old, it’s a Level 5 Felony.

Under Indiana law, sexually abused survivors, regardless of age, have the right to be treated fairly, with dignity and respect, and free from harassment, intimidation, and abuse from the criminal justice system.

Survivors may also speak to a victim service provider and receive a sexual assault medical examination and forensic testing without charge.

Survivors of assault have the right to pursue criminal charges against an abuser with the possibility of jail time as well as civil charges to seek compensation for their assault.

Why You Should Consider a Civil Suit for Sexual Assault

Although sexual abuse and assault are felonies that expose the perpetrator to a criminal trial, survivors, including teenage survivors with appropriate legal representation, may also sue to recover financial damages through a civil case. In circumstances where the victim is a child, the best interest of the child is a key consideration, especially when pursuing legal action in court.

While parents and legal guardians often act on behalf of minor children, suing minors or determining if a minor directly involved in the incident can be held responsible may require legal clarity. In cases involving other children engaging in inappropriate or harmful behavior, the attorney will carefully examine whether the activity falls under typical adult activity or negligent supervision.

Even if state prosecutors do not pursue criminal charges, a survivor and their family may still file a claim to seek justice and compensation. Helping survivors navigate the legal system empowers them to hold perpetrators accountable and ensure their rights are protected. A skilled law firm can guide families through each step of the lawsuit to provide the support they need during these challenging times.

A qualified team of sexual abuse attorneys from Wagner Reese has the resources to help teenage survivors in the following ways:

• Familiarity with the law: Navigating local and state laws regarding sexual abuse cases can be daunting, especially as a younger person. Attorneys specialized in sexual abuse can inform you of your options and provide the knowledge and assistance you need.
• Evidence collection: Qualified attorneys can help you obtain as much evidence as possible to prove liability: police reports, crime scene reports, and medical documentation.
• Value determination: Sexual abuse attorneys have the experience to determine the value of your case by examining all costs, whether economic (lost wages, costs of medical treatment) or non-economic (emotional distress, anxiety, depression).
• Settlement seeking: Many sexual abuse cases against minors and teenagers involve abusers in organizations with insurance coverage, such as clergy members, teachers, or coaches. A skilled attorney will deal with the insurance companies on your behalf to ensure you obtain maximum compensation.
• Representation in a court of law: From pre-trial hearings to court representation and damages collection, your attorney represents you and ensures you receive the compensation you deserve.

Why You Can Trust Wagner Reese

Wagner Reese’s team of expert attorneys has the skills, resources, and sensitivity to approach sexual assault claims with the urgency and attention you deserve. In most cases, our legal strategy focuses on pursuing justice in a way that prioritizes the best interest of the victim while helping survivors regain their sense of security and dignity.

In most states, survivors have the right to file a lawsuit against not only their abusers but also the institutions that failed to protect them. We are dedicated to ensuring that those responsible are held accountable and that survivors receive the compensation and support they need to rebuild their lives.

Seek justice today and contact us for a free case review. All inquiries remain 100% confidential to protect your rights and well-being.