Foster Care Sexual Abuse Lawyers in Maryland Helping Victims Get Justice
Sexual abuse in any form is a devastating and traumatic experience for any victim. The effects of sexual abuse can be even more devastating when it occurs in the foster care system, where vulnerable children are entrusted to the care of foster parents and agencies that should be responsible for their well-being and safety. Instead, the already emotionally distressed children are often exposed to sexual predators and may feel like they have nowhere to turn for help.
Fortunately, victims of foster care sexual abuse have the right to hold their abusers liable for all the pain and suffering they put the child through, and a skilled child sexual abuse attorney can help. The legal team at Andreozzi + Foote explains how foster care sexual abuse cases work and how to take legal action if you or someone you know has been a victim.
How Common is Foster Care Sexual Abuse in Maryland?
Foster care sexual abuse rates in Maryland and across the United States are alarmingly high, with several studies estimating that approximately 1 in 4 children or adolescents in foster care have experienced some form of sexual abuse. This is significantly higher than the prevalence rate in the general population.
One of the factors that contribute to the higher rate of sexual abuse in foster care settings is the lack of proper screening and monitoring within the foster care system. In many cases, foster parents or other caregivers are not adequately screened or monitored, leaving children exposed to individuals who may pose a risk. This can be due to a lack of resources and inadequate oversight from the child welfare system, which often allows individuals with a history of abusive or predatory behaviors to become foster parents or continue fostering children.
In many cases, children are placed in foster homes with older foster kids. The older kids may also be sexually abusive and are often left unsupervised by the foster parents. Foster children who are removed from their homes due to abuse or neglect have already been exposed to trauma and thus may be more susceptible to sexual abuse, and they may not know where to turn as they do not always have a trusted adult with whom they feel safe, and thus the abuse may continue to go on unreported for a long time. Furthermore, the sense of power and control that perpetrators often exert over foster children can contribute to sexual abuse. Perpetrators may manipulate and exploit their positions of power and trust to sexually abuse children.
How Can I Sue a Foster Agency for Sexual Abuse?
If you or someone you know was a victim of sexual abuse while placed in a foster home, you may be able to take legal action and file a civil lawsuit against the foster agency responsible for placing the child in an abusive home. The first step to preparing a civil lawsuit is to determine whether the foster agency was a government agency or a private organization licensed by the state. Suing a government agency is somewhat more challenging than suing a private organization, but it is not impossible. It may simply require a different approach.
If dealing with a private placement agency, the victim may argue that the organization was negligent in placing the child in the care of an abuser. This requires the plaintiff to prove that the four basic elements of negligence are applicable to the case. In other words, the plaintiff needs to prove that the foster care agency had a duty of care to place the child in a safe home and that their duty of care was breached when the agency placed the child in an abusive home.
As a result, the child suffered damages, and the child’s damages are a direct consequence of the foster care agency’s breach of duty of care. In order to have a successful lawsuit, the plaintiff must be ready to prove all four elements described above to convince the court that they were a victim of negligence by the foster care agency.
If the child was placed in an abusive foster home by a government entity, the victim may still file a lawsuit, but in most cases, the lawsuit may have as a defendant a person who works for the state agency and is responsible for that child, as government agencies may be immune to lawsuits as stated by the 11th amendment of the constitution. If that’s the case, the plaintiff can try to demonstrate that the person in charge acted under the color of law and deprived the child of their rights while showing extreme indifference to the risk the child may be exposed to. A sexual abuse attorney can advise you on the best course of action for your particular case.
How Much is a Foster Care Sexual Abuse Case Worth?
A foster care sexual abuse case is usually a civil case in which a plaintiff seeks damages compensation from a defendant after being harmed by the defendant’s negligent or reckless actions. While it is possible for criminal charges to be filed against the defendant in a criminal court, such charges hardly ever result in any type of restitution for the victim. The goal of a civil lawsuit for foster care abuse is to hold the defendant financially liable for their actions and to provide some form of compensation for the victim’s pain and suffering.
While no amount of money can undo the harm and emotional suffering a child may have endured in the hands of a sexually abusive foster parent, a civil court can offer the next best remedy and make the defendant face financial consequences for their wrongdoing if the victim can successfully prove their case.
The three main forms of damages available in foster abuse cases usually include economic damages, non-economic damages, and, in some cases, punitive damages. The financial impacts of the abuse, such as medical bills and any type of out-of-pocket expenses, are considered economic damages. However, in most foster care sexual abuse cases, the non-economic damages make up the bulk of the claim value.
Non-economic damages are the intangible losses suffered by the abused child, including the emotional pain, suffering, and the long list of psychological issues the abuser may have caused, and that may often haunt the child into their adult years and cause a permanent emotional scar.
In cases where the abuser’s conduct was especially egregious and hurtful to the child, the court may also order punitive damages in addition to standard damages. Punitive damages are a civil court’s way of punishing a defendant for their conduct in hopes of preventing the defendant from engaging in similar conduct in the future.
The overall value of a foster care sexual abuse case depends on the value of each of these categories of damages. In general, it is not uncommon for serious child abuse cases to result in six or seven-figure verdicts, but each case is unique, and results cannot be guaranteed. It is always best to speak to an experienced foster care sexual abuse lawyer to get a better idea of how much your claim may be worth.
Has Anyone Successfully Sued a Foster Care Agency for Sexual Abuse?
It may be hard to muster the strength and courage to come forward and hold an abuser responsible for their actions, but as a victim, you may be entitled to compensation for your pain and suffering. Over the years, courts across the country have repeatedly awarded victims with sizable verdicts and held foster agencies and individuals responsible for their negligence.
In a recent case verdict, a court in New Mexico awarded an 8-year-old girl over $485 million dollars. The child was the victim of repeated sexual abuse after a private foster care agency placed the child under the care of a foster parent with a history of sexual abuse complaints. The court understood that the foster agency knew or should have known about the foster parent’s history of abuse and chose to ignore it, placing the child in harm’s way and causing her to be victimized by the foster parent.
Why Should You Hire a Foster Care Sexual Abuse Lawyer for Your Case?
The example above is one of many cases where a victim of sexual abuse was able to recover compensation for their pain and suffering with the help of a skilled legal team. The foster care sexual abuse attorneys at Andreozzi + Foote focus exclusively on representing victims of sexual abuse, and they have successfully helped countless victims in Maryland to seek justice and hold their abusers liable for their actions.
If you or someone you know have been sexually abused as a foster child, we are here to fight on your behalf. Contact the sex abuse lawyers at Andreozzi + Foote at 866-311-8640 for a confidential consultation, and visit https://mcasa.org/survivors for help and resources for child sexual abuse survivors.