Delaware Child Sex Abuse Attorney: Civil Claims for Survivors and Families

Under Delaware law, a survivor of sexual abuse that happened before age 18 may bring a civil action at any time. If you were abused as a child, or you are a parent whose child was abused, you may have a claim against the person responsible and against an organization that failed to protect the child.

The Sharma Law Firm represents survivors and families in civil child sexual abuse cases under Delaware law. For an overview of every type of abuse case we handle, see our Delaware sexual abuse lawyer page.

Civil claims for abuse that happened in childhood

A civil claim is a lawsuit for money damages. It is separate from any criminal case, and it does not depend on one. A survivor can bring a civil claim when no one was charged, when charges were dropped, or when a criminal case ended without a conviction.

When the survivor is still a child, a parent or guardian generally brings the claim on the child's behalf. When the survivor is now an adult, the survivor brings the claim, no matter how many years have passed. Many adults first come forward long after the abuse, and Delaware law accounts for that.

Damages may include counseling and therapy costs, medical care, the effect of the abuse on education and earnings, emotional distress, and, in some cases involving intentional or reckless conduct, punitive damages. No lawyer can promise a result, and every case depends on its facts.

How long you have to file in Delaware

These are the Delaware civil deadlines that apply to childhood sexual abuse:

• Under 10 Del. C. § 8145, a civil action for sexual abuse of a minor by an adult may be filed at any time after the abusive acts, where the conduct would be a sexual offense under Delaware criminal law.
• Under 18 Del. C. § 6856(3)(a), a claim for sexual abuse of a child patient by a health-care provider may be brought at any time. Our page on sexual abuse by doctors and hospital staff covers those cases.
• If the abuse happened when the survivor was 18 or older, the general deadline is two years under 10 Del. C. § 8119. The specific claim and the date it accrued can matter.

Delaware's 2007 Child Victims' Act opened a two-year window that revived certain childhood claims that had already expired. That window has closed. Whether the current "at any time" language in § 8145 reaches abuse that happened before the law changed can depend on the facts and on case law, so a lawyer should review older claims carefully.

These deadlines apply to civil lawsuits only. Criminal limitation rules are different, vary by offense, and some serious crimes have no limitation period.

The takeaway: abuse before age 18 can be brought at any time under Delaware law. If any part of the abuse continued after the survivor turned 18, or if an institution, another state, or a health-care setting is involved, get Delaware legal advice promptly.

Organizations that may be responsible

People who abuse children often gain access through a trusted role. The civil claim is frequently against the organization that gave them that role and did not act on warning signs: a school or school district, a daycare, a church or religious organization, a youth sports league, a camp, a scouting or mentoring program, a foster care provider, or a medical practice.

An organization may be liable if it failed to run background checks, ignored complaints, allowed staff to be alone with children against its own rules, or moved a known problem employee instead of removing them. Records the organization keeps, such as personnel files and incident reports, are often central, and we move to have them preserved.

We have pages on abuse in specific school settings: elementary school sexual abuse claims, middle school sexual abuse claims, and high school sexual abuse claims.

If you are a parent

If you believe a child is in danger now, call 911. Delaware law requires anyone who suspects child abuse or neglect to report it to the Division of Family Services, which runs a 24-hour report line at 1-800-292-9582. Making that report protects the child. It is a separate step from a civil claim, and a civil claim does not depend on what happens with the report.

Try not to question your child repeatedly about details. Trained interviewers handle that, and repeated questioning can be hard on a child. Write down what your child said in their own words, and when, and keep any messages or items you already have.

Your conversations with the firm are confidential. Courts can sometimes protect a child's identity in civil filings, such as by using initials, and we discuss those options before anything is filed.

Our contingency fee is 33.33% of the recovery, with no attorney's fee unless we recover. The firm advances all case costs. If we win, those costs are reimbursed from the settlement or recovery. If we lose, the firm absorbs the costs and you owe nothing. The firm is veteran-owned, and Hablamos español: paralegals Santiago Araujo, Humberto Buitrago, and Isaac Durango Figueroa all speak Spanish.

Frequently asked questions

How long do I have to file a child sexual abuse lawsuit in Delaware?

Under 10 Del. C. § 8145, a civil action for sexual abuse of a minor by an adult may be filed at any time, where the conduct would be a Delaware criminal sexual offense. Delaware does not set an age cap for filing.

I was abused as a child many years ago. Can I still sue?

Possibly. Section 8145 permits an action at any time, but whether it reaches abuse from before the law changed can depend on the facts and case law. Delaware's 2007 revival window has closed. A lawyer should review your dates.

Does there need to be a criminal conviction?

No. A civil case does not require a police report, charges, or a conviction. If there was a conviction, it may help prove the civil case.

Can we sue the school, church, or program and not only the abuser?

Often, yes. An organization that failed to screen, supervise, or respond to warning signs may be responsible. That claim is frequently the main claim in the case.

Will my child have to testify?

Many civil cases resolve without a trial, but we cannot promise that any case will. We plan each step around the child's well-being and talk with you before any testimony is scheduled.

Will my child's name be public?

Courts can sometimes allow a child's name to be protected, for example through initials. We raise privacy with you before filing.

What should I do right now if I suspect abuse?

If the child is in danger, call 911. Report suspected abuse to the Delaware Division of Family Services at 1-800-292-9582. Then write down what you know and call a lawyer when you are ready.

Free, confidential case review. Please don't include sensitive details until we've spoken. Call (302) 781-3077 any time, or use the case review form on this page. Contacting the firm does not create an attorney-client relationship.