A child with special needs can be especially vulnerable, putting them at greater risk for abuse. If this happens, their abuser can be punished criminally and civilly. If you believe that your child was sexually abused, you need to speak with a dedicated San Diego special needs child sexual abuse lawyer.
At The Cifarelli Law Firm, we understand that your child’s safety is your priority. We could discuss your concerns and explain your options for pursuing a civil claim. Our experienced child sex abuse attorneys are here to help protect children’s legal rights and hold abusers accountable. Contact us today to schedule your consultation and get the support you need.
What Is Considered Sexual Abuse of a Child With Special Needs?
A special needs child is a minor under the age of 18 with a physical or mental disability. Sexual abuse of a special needs child can occur in a variety of ways, including when a child is involved in any non-consensual sexual act or sexual exploitation. Child sexual abuse can also include touching for sexual arousal or gratification.
Because a child with a disability can be very vulnerable, they are often considered incapable of giving legal consent for sexual acts. Therefore, any sexual contact with a special needs child can result in criminal penalties and civil consequences. A San Diego attorney could guide you through the legal process if your special needs child has experienced sexual abuse.
What Compensation May Be Available?
When a special needs child is sexually abused, they should be compensated for their losses, including future damages that result from the abuse. A civil lawsuit can be filed against their abuser to request compensation for medical expenses. If the child requires specialized therapy or other psychiatric care as a result of the abuse, you may request compensation for the child’s mental health needs.
A special needs child may have long-term care needs as a result of the sexual abuse. Therapeutic boarding schools or specialized caregivers may be required, and compensation may cover these additional expenses. Compensation for emotional distress and psychological trauma can also be included in a damages request. If the child regressed due to the abuse, you may request the costs for special education resources, additional tutoring, or even private school placements.
You may also consider punitive damages when calculating damages. Punitive damages are awarded to punish the abuser for especially reckless behavior and to deter others from engaging in similar behaviors. A seasoned San Diego attorney could discuss all potential compensation in a special needs child sexual abuse case during your initial consultation.
Contact a Special Needs Child Sexual Abuse Lawyer in San Diego
Children with special needs are often very dependent on adults to meet their daily needs. When this trust is violated, it can be hard to know how to move forward. A San Diego special needs child sexual abuse lawyer could answer your questions about the legal process and protect your child’s legal interests.
Our lawyers at The Cifarelli Law Firm help people all over Southern California and could advocate for you and your special needs child. We understand the unique circumstances families face when their special needs child has been sexually abused. Contact our compassionate attorneys today to discuss your case.