Mississippi Sex Abuse Lawsuits

Under Mississippi 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 Mississippi. We will also analyze the potential settlement value of Mississippi sex abuse lawsuits.

Mississippi Sex Abuse Lawsuit News and and Updates

June 15, 2024 – Sex Assault by Police Officer Lawsuit

A lawsuit has been filed in the U.S. District Court for the Northern District of Mississippi against the City of Senatobia, its Police Chief, and a police officer. The plaintiff, an African American woman, alleges she was unlawfully detained and sexually assaulted by the officer during a traffic stop on August 25, 2023. The complaint details that the woman was initially pulled over by a Sardis police officer without a stated reason and then taken into custody by the Senatobia officer who later assaulted her in a wooded area after turning off his body camera.

The lawsuit asserts violations of federal civil rights under 42 U.S.C. § 1983, including excessive force and failure to train and supervise, as well as claims under Mississippi state law for negligence, false arrest, imprisonment, and civil assault and battery. It alleges that the Police Chief and the City failed in their duty to properly train and supervise the officer, resulting in the assault. The plaintiff is seeking $10,000,000 in compensatory damages, punitive damages, attorneys’ fees, and additional relief as deemed appropriate by the court.

May 20, 2024 – New School Sex Abuse Lawsuit

A lawsuit has been filed in the United States District Court for the Southern District of Mississippi against the Canton Public School District.

The plaintiffs are a minor child and her parents, identified as John Doe and Jane Doe. They are pursuing claims under Mississippi state law for negligence and other related claims under the Mississippi Tort Claims Act.

The case involves allegations that the school district negligently hired and retained a teacher and coach who was a known sexual predator. This individual allegedly groomed and sexually assaulted the minor child multiple times on school property between August 2022 and February 2023. The complaint asserts that school officials, including security and staff, were aware of the inappropriate relationship but failed to report or act on it. Additionally, the school district is accused of not providing adequate security and supervision, failing to follow proper procedures, and not protecting the students from foreseeable harm.

The plaintiffs claim that due to the negligence and intentional actions of the school district, the minor child and her parents have suffered physical, mental, and emotional harm.

February 29, 2024 – Prison Rape Lawsuit

A new lawsuit is filed by a couple against multiple defendants, including the City of Southaven, its police department, former and current officials, and the Mississippi Department of Corrections (MDOC).

The issues began with frequent confrontations between the plaintiff and a Southaven police officer, leading to an arrest on April 15, 2021, for minor traffic offenses. However, the arrest record was falsified to include a violent crime (drive-by shooting) that was never committed. This false charge caused the plaintiff to be misclassified as a violent offender, resulting in confinement at the Central Mississippi Correctional Facility (CMCF) and Mississippi State Penitentiary (Parchman), known for extreme violence and poor conditions.

Both CMCF and Parchman are described as dangerous facilities with rampant violence, including rapes, beatings, and stabbings, exacerbated by understaffing and poorly trained security staff. Due to the misclassification, the plaintiff, a non-violent offender with medical issues, was placed in these facilities where he suffered multiple assaults. The most awful allegation was that he was brutally raped by six inmates while a guard kept lookout. Repeated requests for medical attention were neglected, demonstrating deliberate indifference to his safety and well-being.

The lawsuit claims that officials, including those from the MDOC and local law enforcement, were aware of the dangerous conditions and the falsified record but failed to take corrective action. This negligence resulted in a tragic situation that involve severe physical, mental, and emotional harm to the plaintiff.

Definition of Sexual Abuse in Mississippi

Sexual abuse and sexual assault are defined in Mississippi as any deliberate or intentional sexual touching or contact without the other individual’s consent, motivated by sexual gratification, arousal, or humiliation.

To meet the criteria of sexual abuse or “sexual battery”, two key elements must be present. First, the sexual touching must be intentional. Instances where one unintentionally touches a person’s breast or genitals, such as in a crowded elevator or while attempting to prevent a fall, lack the requisite intent to qualify as sexual battery.

The second crucial element is the absence of consent. For intentional sexual touching to be deemed sexual abuse, it must occur without consent. Under Mississippi law, individuals under 18 years of age are incapable of providing consent for sexual touching. This means that any sexual interaction with a minor by an adult is automatically classified as sexual battery.

For example, if an adult engages in a sexual relationship with a 15-year-old, it constitutes sexual battery even if the 15-year-old consents willingly. Legally, the 15-year-old lacks the capacity to consent to sexual contact with the adult.

When Can Abuse Victims Sue?

Sexual abuse or assault is both a criminal and civil offense in Mississippi. 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.

The burden of proof required to establish sexual battery in a civil case is notably lighter compared to that in a criminal trial. This means that it is much easier for a plaintiff in a civil lawsuit to demonstrate the occurrence of sexual abuse or assault. So even if an offender evades criminal prosecution, they can still be held liable in a civil court of law.

Suing Third Parties in Mississippi Sex Abuse Lawsuits

The most direct defendant in any sexual abuse lawsuit is the person who committed the abuse. The problem with suing the abuser is that they might already be dead or in jail, and even if they are still around, they may not have money or financial resources to pay for any compensation awarded in the case. Going after the abuser only makes sense in a civil case if they are wealthy.

The best way to get money in a civil sex abuse lawsuit 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, churches, gyms, etc. These parties can be held liable in a child sex abuse lawsuit 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 attempt to cover up abuse incidents after the fact.

The following example will help illustrate how third parties can be liable in sexual assault cases. Let’s assume that Kelly was a student at a private school in New Orleans. In 7th grade, Kelly’s teacher, Mr. Collins, sexually abused Kelly. The school had previously received numerous red flags suggesting that Mr. Collins may be a sexual predator, including prior allegations of abuse by former female students and incidents of highly inappropriate behavior. Kelly (or her parents) can file a civil lawsuit against the private school for negligently failing to investigate Mr. Collins and prevent him from abusing students.

Statute of Limitations in Mississippi Sex Abuse Lawsuits

In recent years, many states across the country have passed new laws making it easier for victims of child sex abuse to file lawsuits even years after the abuse occurred. Mississippi has not joined that trend. In fact, Mississippi has one of the most restrictive statutes of limitation for child sexual abuse lawsuits in the country.

In Mississippi, all civil lawsuits for sexual abuse are subject to the general 3 year statute of limitations. Miss. Code Ann. § 15-1-49 If the abuse happens when the victim is a below the age of majority (which in Mississippi is 21), the 3 year period does not begin to run until the victim reaches that age. So child sex abuse victims in Mississippi have until their 24^th birthday to file a lawsuit.

Is that a fair statute of limitations for a sex abuse lawsuit? No. By comparison, child sex abuse victims in New York have until their 55^th birthday (NY Sex Abuse Law), and in Maryland there is no statute of limitations at all for child sex abuse victims (MD Sex Abuse Law).

Mississippi’s strict 3-year statute of limitations does have some flexibility, however, in the form of the so called “discovery rule.” The discovery rule is fully applicable to the application of Mississippi’s statute of limitation in child sex abuse cases. This was recently confirmed by the Supreme Court of Mississippi in the case of McGowen v. Roman Cath. Diocese of Biloxi, 319 So. 3d 1086 (Miss. 2021).

In McGowen, a child sex abuse victim claimed that he failed to remember the sexual abuse for over 30 years. The court held that this constituted a “latent injury” for purposes of the discovery rule and, therefore, his lawsuit was not barred under the statute of limitations.

Does this case help most victims looking to bring a sex abuse lawsuit in Mississippi after the deadline to file a claim? No. The law needs to be adjusted.

Mississippi Juvenile Detention Center Sex Abuse Lawsuits

Mississippi has faced several lawsuits regarding the conditions and treatment of juveniles in its detention centers, bringing significant attention to systemic issues within the state’s juvenile justice system.

One prominent juvenile hall lawsuit involved the Henley-Young Juvenile Justice Center in Jackson. A class action lawsuit alleging that juveniles were subjected to harsh conditions and abuse. The settlement reached in 2012 mandated comprehensive reforms, including improved mental health services and enhanced educational programs, setting a precedent for other facilities in the state.

Another significant lawsuit targeted the Leflore County Juvenile Detention Center. This lawsuit brought to light allegations of abuse, neglect, and overall unsafe conditions for detainees. The case underscored the necessity for stringent oversight and accountability within these facilities. Reforms resulting from the lawsuit focused on better training for staff, improved medical care, and stricter adherence to juvenile detention standards to ensure the protection and rehabilitation of young detainees.

These are the juvenile detention centers that have been or may soon be the subject of sex abuse lawsuits:

Henley-Young Juvenile Justice Center – Jackson
Harrison County Juvenile Detention Center – Gulfport
Rankin County Juvenile Justice Center – Brandon
Leflore County Juvenile Detention Center – Greenwood
Lauderdale County Juvenile Center – Meridian
Adams County Juvenile Detention Center – Natchez
Hinds County Youth Detention Center – Jackson
DeSoto County Juvenile Detention Center – Hernando
Forrest County Juvenile Detention Center – Hattiesburg
Warren County Juvenile Detention Center – Vicksburg

Mississippi Sex Abuse Settlements and Verdicts

$30,000 Settlement: A male minor suffered sexual molestation by a nonparty employee at a summer camp run by the defendant charitable organization. The plaintiff contended that the plaintiff failed to properly hire, train and supervise its employees and was the proximate cause of the defendant’s injuries.
$5,100,000 Settlement: Diocese of Jackson settled claims by 19 separate individuals alleging that they were sexually abused by catholic priests during their childhood. The alleged acts of abuse occurred over a 20 years period from the 1960s to the 1980s. Most of the settlement was paid for by church insurance policies, with only $1 million coming from the diocese itself.
$1,000,000 Verdict: A 66-year-old female with Alzheimer’s suffered sexual abuse at the defendants’ nursing home. The plaintiff’s next friend contended that the defendant failed to properly supervise the plaintiff, failed to sufficiently staff and equip its facility, allowed the plaintiff to be sexually abused by another resident.
$800,000 Verdict: A female doctoral student suffered sexual abuse by the male third-named defendant professor, harassment, and emotional distress by the remaining male defendant professors who allegedly prevented her from acquiring her doctoral degree while attending the defendant university. The plaintiff contended the defendant failed to properly hire, train and supervise its professors, that the defendants conduct violated her civil rights, that they instituted long delays in approving her dissertation, that the third-named defendant promised to sign her dissertation in return for sexual favors and threatened her that without sex, there would be no approval of her dissertation.
$200,000 Verdict: A female plaintiff in her 20s alleged that the defendant, a doctor, deliberately got her addicted to prescription drugs after treating her for a fractured hand, then used her addiction to coerce her into sexual activities.

Contact Us About Mississippi Sex Abuse Lawsuits

Our lawyers handle sex abuse lawsuits across the country. Call our sexual abuse lawyers at 800-553-8082 for a free consultation or try reaching out online or by text at 410-835-4103.