Sexual Abuse in Foster Care: How Survivors Can Seek Justice

Sexual abuse is one of the most heinous violations that anyone can inflict upon someone. The physical, emotional, and psychological scars permeate the survivor’s life through enduring and difficult consequences.

Particularly egregious are acts of sexual abuse committed against children in the foster care system. These victims are often targeted precisely because they are among the most vulnerable members of society. Fortunately, some resources can help these survivors cope with their abuse and live fulfilling lives.

Foster Care

Survivors also have the right to take legal action against those who negligently allowed them to be victimized. If you or someone you care about was the victim of sexual abuse while in foster care, understand that you are not alone. Retaining skilled legal counsel is the best step you can take towards healing and winning justice.

How Sexual Abuse Happens in Foster Care

Sexual abuse occurs at disproportionately higher rates in the foster care system versus the general population, in part because of foster children’s social and sometimes legal situations. For instance, many children are in foster care because of such reasons as:

  • Their parents died.
  • Their parents are incarcerated.
  • They cannot safely remain in their homes.
  • Their birth parents abused, neglected, or abandoned them.
  • They dropped out of school or committed juvenile offenses.
  • They have become addicted to drugs.
  • They suffer from medical issues.
  • They are homeless.

Unfortunately, all of these factors cause foster children to be more susceptible to sexual abuse and violence. Foster care adults and siblings, the two groups who are most likely to be abusive, often see foster children as easy targets with few social resources or support networks on which they can rely. Adding in power dynamics (e.g., wealth versus poverty, age differences, and social standing), along with the attitude that nobody will believe or care about the victim, encourages abuse.

Some examples of foster care sexual abuse are:

  • Touching the child’s genitals or private areas
  • Forcing the child to touch someone else
  • Rape
  • Sexual assault
  • Indecent exposure
  • Creation of child pornography involving the child
  • Exposing the child to pornography
  • Voyeurism
  • Sex trafficking

How Common Is Sexual Abuse in Foster Care?

Although the number of children who are abused in foster care has somewhat improved in recent years, the figures are still troubling. Approximately 8 out of every 1,000 children under age 18 were determined to be victims of abuse or neglect in 2020 and 2021. Out of nearly 585,000 reported victims in 2021, about 10% were sexually abused. Young children were more likely to be victims.

Long-Term Effects on Survivors of Foster Care Sexual Abuse

Survivors of foster care sexual abuse must contend with a broad array of mental, emotional, physical, and social problems. Research shows that it is common for survivors to face:

  • Depression
  • Anxiety disorders
  • Eating disorders
  • Insomnia and other sleep problems
  • Dissociation
  • Post-traumatic stress disorder
  • Personality disorders
  • Gastrointestinal health problems
  • Gynecological or reproductive health issues
  • Physical pain
  • Cardiopulmonary issues
  • Obesity and body mass index problems
  • Psychosexual and psychosocial developmental issues
  • Adverse sexual relationships (e.g., promiscuity)
  • Adverse parenting impacts

Can You Hold the Government Liable for Sexual Abuse in Foster Care?

State and local governments are closely involved with foster care. For instance, Child Protective Services (CPS) is a government agency that works to stop the abuse and neglect of children, including foster children. The Supreme Court has already emphasized that states must protect children from harm or abuse they may suffer in the foster system, and this obligation extends to local governments, too.

When the government fails to keep children safe, survivors can take legal action. For instance, the state can be held liable for injuries that the child sustained. Courts have ordered states to pay legal damages for failing to timely provide medically necessary services, to reunite the child with relatives, or to expedite adoption proceedings. County welfare agencies may also be sued for their failure to protect children.

It should be emphasized, however, that suing a state or local government is different than suing a private party. Different rules and timelines apply. For this reason, you should seek the counsel of an experienced foster care sexual abuse attorney.

Proving Negligence for Foster Care Abuse

The survivor of foster care abuse has the burden of proving that the defendant was negligent. This means producing evidence that the defendant knew about, or reasonably should have known about, the abuse in question.

The survivor should also be prepared to show that the harm in question was reasonably foreseeable under the circumstances. Lastly, the survivor must provide evidence related to the nature and amount of damages to which they are entitled, including reasonably estimated future damages.

Legal Options for Foster Care Sexual Abuse Survivors

Survivors can often take legal action against one of several parties, including the abuser, the foster care agency, and the government. The victim should always be prepared to look beyond the abuser, however, since they may not have adequate financial resources to fully compensate the victim. Foster care agencies are often held liable for failing to properly screen foster parents, monitor the actions and interactions of foster parents with the child, or properly respond to allegations of sexual abuse.

Many cases settle out of court through direct negotiations with the at-fault parties or through mediation. Settlement offers numerous advantages, such as saving time and avoiding the publicity of a trial. It also helps victims to heal instead of having to relive their abuse in court; however, not all defendants are willing to fairly settle for the amount that the survivor deserves.

An attorney can help you weigh the pros and cons of settlement versus trial.

The Statute of Limitations on Sexual Abuse Claims

One specific issue that all survivors must know about is the statute of limitations. This is a deadline to file a lawsuit, and filing after the statute of limitations “runs” or expires could result in the case being dismissed. The statute of limitations varies by state, with some being more generous than others in the window of time that survivors have to take legal action.

Understanding your options, as well as the applicable rules like statutes of limitations, is essential to protecting your rights. Consult a seasoned sexual abuse attorney to ensure your interests are safeguarded at every step.

Parenting a Child Who Has Suffered Foster Care Sexual Abuse

If you are a current or prospective parent of a foster child who has suffered sexual abuse, raising your child can prove challenging. Experts recommend taking an approach that includes the following:

Understand What Sexual Abuse Is

Knowing more about sexual abuse and its effects (such as those mentioned here) can help you understand what it means to parent a child who is a survivor. This will also better inform you of the mental health and other needs your child may have.

Know the Signs of Trauma

Children often display the effects of their sexual abuse by showing signs of trauma. A child’s response to that trauma will largely shape how they develop into adulthood, so you must be able to recognize both the indicators of trauma and how your child is adapting to it. Self-harming behaviors, for instance, show that your child is negatively responding and may need more intensive healing.

Learn About Your Child’s History

Learning the full extent of your child’s sexual abuse can be difficult, but it is necessary to provide the loving and caring environment they need. Do not just focus on the abuse, however; learn more about the child’s overall upbringing and what has been positive in their life.

Recognize Milestones of Development

Every child develops differently, but some general timelines apply to most children. For instance, most children begin to show more control over their emotions around age 6 or 7. Abuse can delay healthy development, so research and learn more about developmental milestones and whether your child is struggling to reach them.

Help Your Child Be Resilient

There are many ways you can assist with the healing process, including being consistent in your attitude and behavior, promoting strong connections between your child and their family or friends, and allowing your child to express their feelings positively and healthily.

Be Patient and Supportive

Showing your child what it means to grow and why it is so important to avoid unhealthy responses to abuse and trauma (such as drug abuse) will take time. Be patient in knowing that every child develops differently. And do not be afraid to express your love and support often to your child.

Resources for Survivors Who Were Sexually Abused in Foster Care

Now more than ever, survivors of foster care sexual abuse and their families have an abundance of resources to help them recover, heal, and grow. A few examples include:

  • RAINN (Rape, Abuse, an Incest National Network)
  • Darkness to Light
  • Brave Movement

These and other resources can be easily found and accessed online.

Let a Lawyer Help You Seek Justice

No child deserves to suffer sexual abuse, especially in a system that is designed to place them with a caring and loving family. For survivors of foster care sexual abuse, the path to a productive and healthy adulthood is filled with hurdles. However, retaining knowledgeable legal representation can help you or someone you love who has experienced sexual abuse receive the services and treatments that will facilitate this journey.

Connect now with an experienced sexual abuse lawyer who can take legal action on your behalf.

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