Delaware Sexual Abuse Lawyer: Civil Claims for Survivors

If you were sexually abused or assaulted in Delaware, you may be able to bring a civil lawsuit for money damages. A civil case is separate from any criminal case. You decide whether to pursue it, and you do not need a police report, an arrest, or a conviction to talk with a lawyer about your options.

The Sharma Law Firm represents survivors in civil claims under Delaware law. Attorney Aman Sharma, Esq. (Delaware Bar ID No. 5706) handles these cases, and the firm is veteran-owned. This page covers how a Delaware civil claim works, the filing deadlines that apply, and who may be responsible. It also links to pages about specific settings, such as schools, medical offices, and workplaces.

What a civil sexual abuse claim can do

A civil claim asks a court to hold a person or an organization financially responsible for harm. In a criminal case, the State prosecutes the offender and the aim is punishment. In a civil case, you are the plaintiff, and the aim is compensation and accountability. The two can run at the same time, one after the other, or a civil case can proceed when there is no criminal case at all.

Depending on the facts, damages in a Delaware civil case can include:

• the cost of counseling, therapy, and medical care, past and future
• lost wages, or a reduced ability to work
• emotional distress and the ways the abuse has affected daily life
• punitive damages, which Delaware courts may allow in some cases involving intentional or reckless conduct

No lawyer can tell you what a case is worth before learning the facts, and no lawyer can promise a result. What we do is review what happened, identify the claims Delaware law allows, and pursue the full value of your claim under Delaware law.

Delaware deadlines for sexual abuse lawsuits

A filing deadline, called a statute of limitations, decides whether a court will hear a case. In Delaware, the deadline for a sexual abuse claim depends mostly on how old you were when the abuse happened and on the setting.

Abuse that happened before age 18

Under 10 Del. C. § 8145, a civil action for damages based on 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. Delaware does not set an age by which a childhood abuse survivor must file.

Abuse that happened at 18 or older

For abuse of an adult, the general deadline is two years under 10 Del. C. § 8119. The specific claim matters (assault, battery, negligence, or negligent supervision, for example), and so does the date the claim accrued. Treat the two-year period as urgent.

A child patient abused by a health-care provider

Under 18 Del. C. § 6856(3)(a), a civil claim based on 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 in Delaware covers these claims in more detail.

The 2007 Child Victims' Act

Delaware's Child Victims' Act of 2007 opened a two-year window that revived certain childhood abuse claims that were already time-barred. 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 older claims need a careful review.

Civil deadlines are not criminal deadlines

Everything above concerns civil lawsuits. Criminal prosecution follows different rules, which vary by offense, and some serious crimes have no limitation period at all.

The practical takeaway: if the abuse happened before you turned 18, Delaware law expressly permits an action at any time. If it happened when you were 18 or older, get Delaware legal advice promptly. That matters even more if you only recently connected your harm to the abuse, if someone concealed it, if an institution may be responsible, if another state's law might apply, or if the abuse happened in a health-care setting.

Who may be responsible for sexual abuse in Delaware

The person who committed the abuse can be sued. In many cases, though, the claim that matters most is against the organization that gave that person access to you and failed to act. That might be a school district, a college, an employer, a hospital or medical practice, a spa, a religious organization, or a youth program.

An organization can be liable when it hired someone it should have screened out, ignored complaints or warning signs, left staff or volunteers unsupervised with children or patients, or did not follow its own safety policies. These claims often turn on records the organization holds, which is one reason to talk with a lawyer before those records are lost.

Our pages on specific settings go into more detail:

• Civil claims after a sexual assault in Delaware
• Child sexual abuse claims under Delaware law
• Sexual abuse at a Delaware elementary school
• Sexual abuse at a Delaware middle school
• Sexual abuse by high school teachers, coaches, and staff
• Sexual assault at a Delaware college or university
• Sexual abuse by a doctor, nurse, or hospital employee
• Sexual abuse by a psychiatrist, psychologist, or therapist
• Sexual abuse during a massage in Delaware
• Sexual harassment at work in Delaware

Confidentiality, reporting, and what stays in your control

Your conversations with the firm about a possible case are kept confidential. Calling us does not commit you to filing anything, and you can stop at any point before a case is filed.

You do not have to report abuse to the police to bring a civil claim. A civil case can go forward when no criminal charges were filed, or when a criminal case ended without a conviction, because civil cases use a different standard of proof. If there was a conviction, it may help prove the civil case. Whether to go to the police is your decision.

One situation is different. If a child may be in danger now, Delaware law requires anyone who suspects child abuse or neglect to report it to the Division of Family Services report line at 1-800-292-9582, which is answered 24 hours a day. In an emergency, call 911.

Many survivors worry that a lawsuit will make their name public. Court filings are generally public, but courts can sometimes allow a survivor to proceed under initials or a pseudonym and can limit access to sensitive records. We talk through those options with you before anything is filed.

You also do not need to gather evidence before you call. Records that often matter include school, employment, or medical files, messages, prior complaints about the same person, and the names of anyone you told at the time. We can request records and send preservation letters asking organizations to keep documents they might otherwise discard.

Working with The Sharma Law Firm

Our contingency fee is 33.33% of the recovery, and there is 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. Fee percentages vary from firm to firm, so ask any lawyer you're considering to state theirs in writing.

Hablamos español. Our paralegals Santiago Araujo, Humberto Buitrago, and Isaac Durango Figueroa all speak Spanish, so you can talk through your case in the language you are most comfortable with. The firm has eight Delaware offices, in Wilmington, North Wilmington, Bear, Middletown, Dover, Milford, Seaford, and Lewes. Offices are open 24/7, and meetings are by appointment. If coming into an office feels like too much at first, we can start with a phone call.

Frequently asked questions

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

It depends on your age when the abuse happened. For abuse of a minor, 10 Del. C. § 8145 permits a civil action at any time. For abuse of an adult, the general deadline is two years under 10 Del. C. § 8119, and the type of claim and the date it accrued can change the analysis. If you were 18 or older, contact a Delaware lawyer promptly.

Can I sue if the person who abused me was never charged with a crime?

Yes. A civil claim does not depend on criminal charges or a conviction. Civil cases have their own standard of proof, and you do not need to report to police before speaking with us.

Can I bring a claim against the school, employer, or organization and not only the abuser?

Often, yes. If an organization failed to screen, supervise, or respond to warning signs, it may be responsible for the harm. In many Delaware cases, the claim against the institution is the main claim.

The abuse happened decades ago. Is it too late?

Not necessarily. If you were a minor, § 8145 permits an action at any time, although whether that language reaches abuse before the law changed can depend on the facts and case law. Delaware's 2007 revival window has closed. A lawyer needs to review the dates and facts.

Will my name become public if I file a lawsuit?

Court filings are generally public, but courts can sometimes allow a survivor to use initials or a pseudonym and can restrict sensitive records. We discuss privacy options before filing.

How much does it cost to hire The Sharma Law Firm?

Nothing up front. Our contingency fee is 33.33% of the recovery, with no attorney's fee unless we recover. The firm advances case costs, and if we lose, you owe nothing.

Can I speak with someone in Spanish?

Yes. Hablamos español. Paralegals Santiago Araujo, Humberto Buitrago, and Isaac Durango Figueroa all speak Spanish.

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