Lawsuit Information Center
Under Minnesota law, anyone who has been the victim of sexual abuse or assault can file a civil lawsuit against not just the person who abused them, but also against churches, schools, or other third parties who negligently enabled the abuse to happen. This post will look at the basic elements of a sex abuse lawsuit in Minnesota. We will also analyze the potential settlement value of Minnesota sex abuse lawsuits.
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How is Sexual Abuse Defined in Minnesota?
Sexual assault or abuse is defined as intentional sexual touching or contact without the other person’s consent and for the purpose of sexual gratification, arousal, or humiliation. In the context of a civil lawsuit, sexual abuse or assault is often referred to as sexual battery, and it can range from groping a breast to rape. The definition of “sexual abuse” is outlined in Minn. Stat. §§ 609.342 to 609.3451 and 609.3458.
There are two key components that must be present to meet the definition of sexual abuse in Minnesota. First, the sexual touching must be done intentionally. If one inadvertently grabs a student’s breast vagina in a crowded elevator or to catch them from falling, there is no intent, and it does not qualify as sexual abuse.
The second element is the lack of consent. For intentional sexual touching to qualify as abuse or assault, it must be done without mutual consent. Under Minnesota law, minors under the age of 18 cannot give consent to sexual touching. Any sexual contact with a minor by an adult is automatically considered sexual battery.
So if a teacher has a sexual relationship with a 16-year-old student, that would be sexual battery even if the student willingly participated and consented. The 16-year-old did not have the legal capacity to consent to sexual contact with the adult teacher.
When Can You Sue for Sexual Abuse in Minnesota?
Sexual abuse or assault is both a criminal and civil offense in Minnesota. This means that sex abuse victims have the right to press criminal charges and/or file a civil lawsuit and seek financial compensation. Anyone who has been the victim of sexual abuse or assault can file a lawsuit.
Sex abuse victims can file a civil lawsuit regardless of whether the abuser was ever criminally charged or convicted. In fact, victims can file a civil lawsuit even if they never reported it to the police and even if they never told anyone about the incident.
The evidentiary burden for proving sexual battery in a civil case is much lower than the burden in a criminal case. This means it is much easier for a plaintiff in a civil lawsuit to prove that the sexual abuse or assault occurred. So even if an abuser escapes criminal justice, they can still be held accountable in a civil court.
Somewhat Lower Standard for Employer Liability
In Minnesota, an employer can be held responsible for an assault committed by an employee if the attack is connected to the employee’s job duties and takes place during work-related time and in a work-related location.
This principle, known as “vicarious liability” or “respondeat superior,” means that if an employee’s actions are within the scope of their employment, the employer can be liable for any resulting harm, even if the employee acted maliciously or outside the explicit instructions of their job. The key factors considered are whether the employee’s conduct was related to their work tasks and whether it occurred during a time and place linked to their employment. This legal standard ensures that employers are held accountable for the actions of their employees when those actions are tied to their job responsibilities.
This law is particularly helpful in sex abuse lawsuits because it allows victims to seek compensation from employers who failed to protect them or neglected to properly supervise or screen their employees. Because many perpetrators of sexual abuse use their position of authority to exploit vulnerable individuals, vicarious liability laws provide a pathway for holding institutions accountable when their employees commit acts of abuse within the scope of their duties.
By establishing a looser standard than many states in determining whether an employer can be liable for the conduct of its employees, Minnesota gives victims a better opportunity to pursue claims against larger entities, such as schools, churches, or organizations.
Getting Money in Minnesota Sex Abuse Lawsuits
The primary and most direct defendant in a sex abuse civil lawsuit is always the person who committed the abuse. The problem is that in most cases suing the individual abuser won’t get you anything because they won’t have money to pay any verdict or settlement (unless the individual is someone very wealthy like Harvey Weinstein or Donald Trump).
The best way to get money in a civil lawsuit for sexual abuse is to sue a third party for negligence in connection with the abuse. Common examples of third parties who can be sued in sex abuse lawsuits include schools, youth organizations (e.g., Boy Scouts), gyms, etc. These parties can be held liable in a civil case if the plaintiff can show that their negligence somehow enabled the abuse to occur or to continue. Third parties in sex abuse lawsuits can also be held liable if they attempted to cover up abuse incidents after the fact.
Let’s consider a very typical example of how third parties can be held liable for sex abuse. Let’s say that a guard at a juvenile detention facility is sexually abusing inmates. Several of these victims file complaints, but the facility basically ignores them and allows the guard to continue his abuse. The victim can file a civil lawsuit against the detention facility (or the state agency that operates it) for negligently failing to investigate and protect them from abuse.
Statute of Limitations for Minnesota Sex Abuse Lawsuits
For cases involving sexual abuse of child (i.e., the victim was under 18 when the abuse occurred) there is not statute of limitations for a civil lawsuit, as long as the alleged abuse occurred AFTER 2013. MINN. STAT. ANN. § 541.073 This is because 2013 is when Minnesota enacted a new law lifting its SOL for child sexual abuse cases. That new law also included a lookback window to allow people with expired claims to file suit, but that window expired in 2016. Minnesota earned a grade of B+ on our state SOL report card for sexual abuse statute of limitations laws.
2024 Clarification of Minnesota Sex Abuse Statute of Limitations
In 2024, the Minnesota Court of Appeals addressed the applicable statute of limitations for a victim’s claims against a perpetrator of sexual abuse. The victim brought claims for false imprisonment and intentional infliction of emotional distress. The trial judge initially applied different statutes of limitations to the claims, dismissing the false imprisonment claim as time-barred under a two-year statute but allowing the IIED claim to proceed under a six-year statute applicable to cases based on sexual abuse.
On appeal, the court concluded that both claims were based on the underlying sexual abuse and should be subject to the six-year statute of limitations for actions arising out of sexual abuse, as defined under Minnesota law. The court affirmed the ruling on the IIED claim, reversed the dismissal of the false imprisonment claim, and remanded the case for further proceedings to determine whether additional actions were warranted.
This ruling clarifies that when claims stem from conduct involving sexual abuse, they are subject to the longer six-year limitations period, regardless of the specific elements of the claims.
Minnesota Residential Treatment Sex Abuse Lawsuits
In Minnesota and nationwide, our lawyers are seeing some awful things at behavioral health treatment facilities. When our law firm started focusing on sex abuse lawsuits, our lawyers did not initially think about residential treatment centers. We were focused on clergy, school, and detention center lawsuits. But over time, our attorneys have gotten more and more calls—and have seen more and more sex abuse lawsuits—involving these typically taxpayer-funded facilities.
The focus is primarily on centers operated by large healthcare companies such as Acadia Healthcare and Universal Health Services (UHS). These companies have a significant presence in the state, offering various mental health and substance abuse treatment programs. One notable facility in the region is the M Health Fairview Behavioral Health Services in partnership with Acadia Healthcare. This collaboration operates a 144-bed inpatient mental health facility in Minnesota, which looks to provide high-quality care for mental health and substance use disorders. It represents a major investment in the state’s behavioral health services and is part of Acadia’s broader network of treatment centers across 38 states.
Another prominent center is PrairieCare, a Minnesota-based organization known for its extensive network of outpatient and inpatient mental health services for children, adolescents, and adults. PrairieCare provides partial hospitalization programs and residential services, focusing on comprehensive mental health treatment.
Minnesota Juvenile Detention Center Sex Abuse Lawsuits
Anyone who was sexually abused or assaulted while they were an inmate at a juvenile detention center in Minnesota can bring a sex abuse lawsuit against the state. The state of Minnesota and its agencies have a duty to ensure that juveniles in state custody are reasonably safe from sexual assaults, particularly by staff members at the facilities. Like many other states, Minnesota has chronically neglected this duty and allowed juvenile inmates to be victimized.
The largest juvenile detention centers in Minnesota include the Hennepin County Juvenile Detention Center, Ramsey County Juvenile Detention Center, and the Minnesota Correctional Facility – Red Wing. These facilities are prominent for their roles in housing and managing youth involved in the juvenile justice system.
- Hennepin County Juvenile Detention Center is one of the largest in the state, with a capacity of 87 beds. It serves as a pre-adjudication facility for youth aged 10 to 17. The center has faced scrutiny for its use of solitary confinement and other disciplinary measures that have raised concerns about the impact on mental health and safety of the juveniles detained there.
- Ramsey County Juvenile Detention Center also holds a significant role in the state’s juvenile justice system, dealing with youth offenders primarily from the metropolitan area. Similar to Hennepin County, it has been subject to criticism regarding its disciplinary practices and conditions.
- Minnesota Correctional Facility – Red Wing is a state-run facility that handles more long-term juvenile commitments. It is known for its structured programs aimed at rehabilitation but has also faced challenges related to solitary confinement practices and managing aggressive behaviors among youth.
- East Central Regional Juvenile Center – The East Central juvenile detention center is located in Anoka County. It can accommodate up to 36 juvenile inmates (male or female) between the ages of 10 and 18 under a maximum security level.
Clergy Abuse in Minnesota
Clergy sex abuse lawsuits in Minnesota have highlighted decades of misconduct within religious institutions and raised questions about accountability and transparency. Since the passage of the Minnesota Child Victims Act in 2013, which temporarily lifted the statute of limitations for child sexual abuse cases, hundreds of survivors have come forward to file lawsuits against various dioceses. T
his legal provision allowed victims, regardless of when the abuse occurred, to seek justice and hold both perpetrators and the Church accountable. The wave of lawsuits has exposed not only the widespread nature of the abuse but also the systemic cover-ups by church officials, who often transferred accused priests rather than reporting them to authorities.
Many of these lawsuits have led to significant settlements and the public disclosure of previously hidden information about accused clergy members. The Archdiocese of St. Paul and Minneapolis, in particular, faced severe financial and reputational repercussions, resulting in a bankruptcy filing to manage the compensation claims.
During this process, the Archdiocese reached a historic $210 million settlement agreement in 2018 to compensate 450 survivors, one of the largest settlements of its kind in the United States. Despite these actions, advocacy groups continue to call for more transparency and the addition of accused clergy members’ names to public disclosure lists, arguing that the Church has not yet done enough to ensure accountability.
Recent controversies have centered around the Archdiocese’s failure to include certain “credibly accused” priests on its public lists, even when these individuals were listed in other dioceses. This omission has sparked criticism from survivor groups, who argue that the Church’s inconsistent reporting undermines the healing process for victims and may endanger public safety.
In response, the Archdiocese has promised to review the records and include any names that meet the established criteria for disclosure. However, the struggle for full accountability and transparency continues as survivors and advocates push for systemic changes within the Church to prevent future abuse and to support those who have suffered in silence for far too long.
Minnesota Sex Abuse Settlement Amounts and Jury Payouts
In Minnesota, determining compensation payouts in sex abuse lawsuits involves evaluating several key factors, including the severity and impact of the abuse, the duration of the abuse, and the age of the victim at the time. Compensation typically includes economic damages for medical expenses and therapy, as well as non-economic damages for emotional trauma and psychological harm. However, the most critical component of achieving a meaningful settlement or judgment is ensuring there is a financially viable defendant—be it an individual, organization, or institution—who has the ability to pay. This could include a wealthy individual—but that is rare. More commonly, the defendant is an institution or it has a large insurance policy.
Calculating sex abuse settlement amounts is not easy. It is inherently complex and requires a deep understanding of the emotional and psychological toll of abuse on the victim. Attorneys often rely on expert testimony, including that of psychologists, economists, and vocational experts, to quantify both the tangible and intangible losses suffered by the victim.
There is no precise formula or objective standard for determining settlement values. It is a nuanced process where reasonable minds differ that involves negotiation, legal strategy, and a thorough evaluation of the circumstances surrounding each victim. The ultimate goal for our lawyers is to get the highest possible settlement amount we can.
Below are summaries of settlements and verdicts in actual Minnesota sexual abuse lawsuits.
- $21,500,000 Settlement: The Diocese of Winona-Rochester agreed to settle with a group of 145 victims who alleged that they were sexually abused by clergy within the diocese. Part of the settlement was being covered by the diocese’s insurers.
- $54,000 Verdict: A 16-year-old male with a learning disability was sexually abused by another student at the defendant’s public high school. The plaintiff’s mother reported the incident to school officials and was told they would take care of it. The plaintiff was molested again and brought action for damages. The plaintiff contended that the defendants failed to report the incident to the proper authorities and failed to protect him from further abuse. The defendants maintained that the Mandatory Reporting Act does not create a duty to report by school officials nor does it create a private cause of action for failure to report.
- $144,000 Settlement: A male fifth-grade student alleged that the defendant teacher sexually abused him and maintained that the school district was negligent. He contended that the school district had reason to suspect that a child abuser was in its midst, but district officials did nothing about it. Another student filed a joint suit against the defendant and also received a settlement.
- $243,000 Verdict: The parents of a six-year-old female claimed that their daughter suffered from posttraumatic stress disorder after she was sexually molested for six years by the 55-year-old male defendant farmer. The plaintiffs alleged that the defendant touched their daughter’s genitals, exposed himself to her, and took nude photographs of her on several occasions. The defendant denied touching the plaintiff inappropriately.
- $5,000,000 Settlement: The Diocese of Crookston settled with a group of 15 alleged victims who claim that they were sexually abused by church members between 1969 and 2009. The settlement agreement also included some non-monetary requirements.
- $75,000 Settlement: A 15-year-old female was raped by a patient in the defendant detoxification center while she too was a patient at the facility. The plaintiff was taking Prozac for psychiatric problems and ingested a minimal amount of alcohol. The combination of the alcohol and the medication caused the plaintiff to appear intoxicated, and while at a public mall, she was taken into custody and transferred to the defendant. During the night, a male patient entered the plaintiff’s room and engaged in sexual intercourse with her. The plaintiff contended that the incident aggravated her psychological condition.
Contact Us About Minnesota Sex Abuse Lawsuits
If you have a potential lawsuit in Minnesota for sexual abuse or assault, contact our attorneys today at 800-553-8082 or contact us online.