Wisconsin Sex Abuse Lawsuits

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

Wisconsin Sex Abuse Lawsuit News and Updates

July 2024:  A plaintiff has filed a lawsuit in federal court in Milwaukee against a teacher at St. Peter-Immanuel Lutheran School, alleging that the teacher, who also served as the athletic director, engaged in repeated acts of sexual misconduct with him when he was a minor. The lawsuit claims that the teacher abused her position of authority and that the school failed to take appropriate action despite being notified of the misconduct.

The complaint details incidents starting in January 2015, when the plaintiff was 14 years old, outlining the teacher’s escalating inappropriate behavior, the school’s inadequate response, and the emotional and psychological harm suffered as a result. The teacher was later sentenced to two years in jail for her actions.

The plaintiff, now 24, seeks compensatory and punitive damages for the extensive harm caused by the teacher’s actions and the school’s negligence, including medical expenses, mental anguish, and pain and suffering. The former teacher was convicted of having sex with a teenager, and the plaintiff now hopes to inspire other victims of sexual abuse to come forward.

The sex abuse lawsuit, filed yesterday, seeks $20 million in damages and names St. Peter-Immanuel Lutheran School, the former athletic director, and the school’s parent network, Lutheran Urban Mission Initiative, Inc. (LUMIN Schools), as defendants. The case highlights several alleged failures by school administrators, including their inaction after a parent reported inappropriate behavior between the teacher and the plaintiff.

June 2024: A lawsuit was filed in federal court in the Eastern District of Wisconsin by the parents and their three minor children against multiple defendants, including Walworth County, Walworth County Child Protective Services (CPS), Walworth County Child Support Services (CSS), and several individual employees of these agencies. The lawsuit, filed on behalf of three minor children alleges grave misconduct involving the sexual abuse of the children by a foster child, identified as J.T., placed in their home by the defendants. This abuse reportedly resulted in the children contracting Herpes Simplex Virus Type 1.

The complaint asserts that the defendants, including specific county employees, demonstrated deliberate indifference to the children’s welfare and safety, failing to protect them from known risks associated with the foster placement. The complaint reads like they were indifferently pushing papers as opposed to trying to meaningfully help and protect these children.

The plaintiffs are seeking justice under several legal frameworks, including violations of the Civil Rights Act of 1964 as amended, specifically 42 U.S.C. § 1983, and multiple constitutional rights under the Fourth, Eighth, and Fourteenth Amendments. The lawsuit details the defendants’ failure in their duty to ensure the safety and wellbeing of the foster children placed under their care, accusing them of negligence, lack of proper supervision, and failure to act on prior knowledge of the risks posed by the foster child J.T. to the plaintiffs.

May 2024: The investigation into clergy abuse in Wisconsin has been ongoing for three years and has resulted in numerous reports and charges against clergy members. So far,  274 reports have been completed, with 66 new reports and 76 previously only reported to religious authorities.

So far, charges have been filed against three individuals, including former Cardinal Theodore McCarrick and former pastor Jeffrey Anthony Charles. Additionally, abuse by deceased Catholic priest John Cullinan was reported for the first time, leading to his name being added to the list of credibly accused abusers. Remington Jon Nystrom, a former counselor, was convicted and sentenced for sexual abuse of a child.

Frustratingly, five Catholic dioceses in Wisconsin have not voluntarily opened their records.  It is hard to imagine what they are thinking.

April 2024: Federal prosecutors have charged a 42-year-old from Holmen, Wisconsin man with using the AI image generator Stable Diffusion to create over 13,000 explicit images of children.

The images, which depicted minors engaging in sexual activities, were entirely AI-generated by typing descriptive text into the software. This marks the first known case of AI being used to fully generate child sexual abuse material (CSAM), highlighting the Justice Department’s stance that such AI-generated content is still subject to the same laws as photorealistic fake images.

March 2024: A bipartisan set of bills aimed at preventing the victimization of children became law on Wednesday with Governor Tony Evers’ signature. The legislation includes measures to combat human trafficking and further prevent child sexual abuse. These laws were among numerous public safety-related bills signed after the legislative session concluded, reflecting a heightened focus on addressing trafficking in Wisconsin.

This is all great. But what is really needed is a new sex abuse statute of limitations.

January 2024: A lawsuit alleges that a nurse’s sexual assault and aggravated battery at Garden Place Waterloo nursing home resulted in the death of a resident. The facility is now facing a wrongful death lawsuit.

The legal complaint details the assault, alleging that the nurse forcibly escorted the 87-year-old resident, who was unable to walk, to her restroom and assaulted her despite the resident’s attempts to resist. An employee intervened upon hearing cries for help, which caused the nurse to stop the assault and exit the premises.

The lawsuit contends that the resident’s death was a direct consequence of the injuries from the assault. The resident is survived by two daughters and a son, who claims to have endured emotional suffering and lost the comfort and support of their mother’s presence.

Definition of Sexual Abuse in Wisconsin

Sexual abuse and sexual assault are defined in Wisconsin as any deliberate or intentional sexual touching or contact without the other individual’s consent, motivated by sexual gratification, arousal, or humiliation. In the context of a civil lawsuit, sex abuse or assault is often referred to as “sexual battery.”

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 Wisconsin 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.

When Can Abuse Victims Sue?

The person who committed the sexual assault or abuse with always be a primary defendant in any sexual battery lawsuit. Suing the abuser is often pointless, however, because they typically will not have the financial resources to pay for any settlement or verdict in the case. Suing the abuser only makes sense in a civil case if they are rich.

The key to financial success in a Wisconsin sex abuse lawsuit is going after a third party organizational defendant with deep pockets, like a church, school, or corporation. 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 attempt to cover up abuse incidents afterward.

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 Wisconsin 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 Betty was a student at a private school in Milwaukee. In 7th grade, Betty’s teacher, Mr. Jones, sexually abused Betty. The school had previously received complaints and other warnings suggesting that Mr. Jones may be a sexual predator, including prior allegations of abuse by former female students and incidents of highly inappropriate behavior. Betty (or her parents) can file a civil lawsuit against the private school for negligently failing to investigate Mr. Jones and prevent him from abusing students.

Negligent Hiring

The Wisconsin Supreme Court has clarified that for such a cause of action to be viable, it must be demonstrated that the employer’s lack of due care directly contributed to the employee’s wrongful act, which then led to the plaintiff’s injury.

Specifically, there must be a clear connection between the employer’s negligence in hiring, training, or supervision and the employee’s misconduct.

This involves addressing two key questions about causation: firstly, whether the employee’s wrongful act directly caused the plaintiff’s injury, and secondly, whether the employer’s negligence directly enabled the employee’s wrongful act. Both the employee’s act and the employer’s negligence must be causally linked to the injury for the claim to hold.

Wisconsin Juvenile Detention Center Sex Abuse Lawsuits

Individuals who were sexually abused or assaulted in Wisconsin juvenile detention facilities are now bringing juvenile detention sex abuse lawsuits against the state and its Department of Corrections. In Wisconsin, the task of operating juvenile detention and correctional facilities in the state is handled by the  Wisconsin Department of Corrections (WDOC). The WDOC currently has 3 facilities that host long-term juvenile offenders:

• Copper Lake School – Irma, WI
• Lincoln Hills School – Irman, WI
• Grow Academy – Oregon, WI

Copper Lake and Lincoln Hills are traditional, high-security juvenile correctional facilities for juvenile offenders sentenced in incarceration. Grow Academy is an alternative residential program featuring lower levels of security and focusing more on therapy and treatment. Juvenile offenders who are detained on a short-term basis while awaiting adjudication are housed in local juvenile detention centers operated at the county level.

Thanks to a series of investigations, public reporting, and an overall increase in public attention on child sexual abuse, we are beginning to understand that sexual abuse of minors has been rampant at juvenile detention centers across the country, including Wisconsin. Numerous reports and lawsuits have revealed widespread and systemic victimization of inmates at Wisconsin’s juvenile detention facilities.

Sex Abuse at Lincoln Hills School / Copper Lake School

Lincoln Hills and Copper Lake Schools LH/CL have been hotbeds for sexual abuse of juvenile inmates. In 2015, LH/CL were the focus of an intensive criminal investigation regarding abuse of juvenile inmates. The investigation prompted the firing of the school’s administrators and the emergency transfer of its inmate population.

The 2015 investigation led to a wave of civil lawsuits by former inmates at LH/CL. As recently as 2020, Wisconsin agreed to a $5 million settlement with 3 plaintiffs who alleged that they were sexually abused while they were juvenile inmates at the Lincoln Hills School correctional facility. To date, Wisconsin has paid out over $26 million in settlements to victims of sexual abuse at these facilities.

Wisconsin Statute of Limitations for Sex Abuse Lawsuits

Many states around the country have recently extended or, in some cases, completely eliminated their statute of limitations for sex abuse civil lawsuits. That has not happened in Wisconsin, which, frustratingly, has some of the strictest statute of limitation laws for sexual abuse civil cases.

If the victim is an adult (over the age of 18) when the sexual abuse occurs, they only have 2 years to file a sex abuse lawsuit under Wisconsin’s general personal injury SOL. Wis. Stat. Ann. §§ 893.16. If the victim was a child/minor (under age 18) when the sexual abuse occurred, the 2-year SOL still applies but it gets tolled until the victim reaches the age of majority (18) — so child victims of sexual abuse have until their 20^th birthday to file civil lawsuits.

Statute of Limitations Exceptions for Child Sex Abuse

Carve Outs

Wisconsin has created some limited exceptions or “carve outs” that extend the SOL. In 2004, Wisconsin enacted a law that extended the SOL for child sex abuse cases (i.e., cases where the victim was under 18) from age 20 to age 35. However, this extended SOL only applies if the victim is bringing a civil lawsuit against the individual who committed the abuse – claims against most third parties, like schools, are not covered. Wis. Stat. Ann. §§ 893.587.

Cases involving child clergy sex abuse by a member of the clergy are included in this extended SOL – and that includes not just claims against the individual priest, but also claims against the church. So victims of child sexual abuse committed by a member of a church have until their 35^th birthday to file a lawsuit. Wis. Stat. Ann. § 895.442.

Discovery Rule

In certain cases, public policy under the “discovery rule” allows the date when a cause of action accrues to be much later than the date of the harmful act. The discovery rule suspends the statute of limitations until the plaintiff discovers, or should have reasonably discovered with due diligence, that they have suffered actual damage caused by a specific, identified individual. Until then, plaintiffs cannot enforce their claims because they are either unaware that they have been wronged or do not know the identity of the wrongdoer. This standard is objective, meaning the victim’s actions are compared to those of a reasonable person in similar circumstances.

How would the discovery rule work in a sex abuse lawsuit?  Repressed memory can occur when a victim’s traumatic memories are unconsciously blocked, often for many years, making them unaware of the abuse. These memories may resurface later in life, and the recognition of these repressed memories can potentially extend the statute of limitations for filing a lawsuit. How would a Wisconsin court view an argument invoking repressed memory in a sex abuse claim?  We don’t know; the last case addressing this was over thirty year ago (but it did not have a favorable outcome).

The Relevant Statutes

Efforts to Change Wisconsin Sex Abuse Statute of Limitations

Efforts have been made to extend the reach of the 35^th birthday statute of limitation for sex abuse beyond churches, but the courts in Wisconsin have blocked those efforts through strict interpretation of the statute. Fleming v. Amateur Athletic Union of United States, Inc., 990 N.W.2d 244 (Wis. 2023) (holding that § 893.587’s age 35 SOL is not applicable to negligence-based CSA claims against non-religious organizations).

In 2023, a proposed bill, the “Child Victims Act,” aimed to extend the time for victims of child sexual abuse to file civil cases against their abusers or the organizations that protected them. The bill would have allowed survivors to file civil suits until age 45, up from the current limit of 35. The law did not  include a “look-back” window for those over 45, which advocates have long requested.

The bill had bipartisan support, but failed.  There was even less of an effort to advance this law in 2024.

Wisconsin Sexual Abuse Settlements and Verdicts

Below are example Wisconsin sex abuse settlement amounts and jury payouts. Keep in mind that many of these settlement were in cases where the statute of limitations had already passed.

• $893,515 Verdict: A female minor suffered posttraumatic stress disorder after she was sexually molested over a period of 10 months by the male defendant. The plaintiff contended that the defendant willfully, maliciously, and intentionally forced her to engage in sexual acts and that the abuse resulted in severe and lasting emotional distress. There was no third-party defendant in this case so its not clear whether the plaintiff actually recovered on this verdict.
• $45,000 Settlement: A 6-year-old female was placed in foster care and supervised by the defendant, a private welfare agency contracted by the state. The plaintiff contended that she was sexually assaulted during her residence in the foster home assigned to her by the defendant, that the defendant failed to properly assure her safety and failed to monitor and properly supervise the foster guardian. Two siblings of the plaintiff also suffered injuries in similar incidents and each received a settlement award.
• $70,000 Settlement: A child alleged that he was sexually abused by his teacher at a private school (Early Academy of Excellence) operated by a church. The lawsuit alleged that the school and the church were negligent, and failed to adequately investigate the background of applicants and failed to exercise ordinary care in the hiring of teachers and staff to ensure the safety of the students.
• $17,000,000 Settlement: The Archdiocese of Milwaukee agreed to settle sexual abuse claims brought by 10 individuals. The victims were sexually abuse by catholic priests in California, but their clergy abuse lawyers alleged that the abuse occurred by the Archdiocese of Milwaukee relocated the 2 priests to California in response to allegations that they were sexually molesting children.
• $24,038 Settlement: A nine-year-old boy was placed in a foster care home by the defendant (a social welfare agency), and he was sexually molested at the foster home. The plaintiff contended that the defendant negligently placed him in a foster home with another foster child who had known aggressive and violent tendencies.
• $1,117,000 Verdict: A 16-year-old female German exchange student was placed in a “host” home by the defendant (an exchange student program) where the father of the household forced her into a sexual relationship with him and threatened her if she did not keep it a secret. The plaintiff contended that the defendant failed to adequately supervise the exchange program and failed to comply with its own policies.
• $21,000,000 Settlement: The Archdiocese of Milwaukee paid $21 million to settle claims made by a group of 330 victims who alleged that they were sexually molested by catholic priests when they were children. This clerrgy abuse settlement averaged out to only around $63,000 per victim.
• $50,000 Settlement: A 15-year-old female student was sexually abused by her teacher at a public school in the city of Milwaukee. She sued the school board contending that it negligently placed her and others in a position of danger when failing to investigate the teacher before hiring him.
• $700,000 Settlement: Two brothers were sexually abused by a priest under the Diocese of Green Bay. The abuse occurred when they were 12 and 14 years old at St. Nicholas in Freedom, WI. The priest who committed the abuse was criminally convicted and sentenced to prison.

How to Calculate Wisconsin Sex Abuse Settlement Amounts

Calculating settlement amounts for sex abuse lawsuits in Wisconsin involves a multifaceted process that is not easy.  There are so many variables at play to calculate compensation. But here are the key factors:

Statute of Limitations

It all starts here when calculating sex abuse settlements in Wisconsin.  With such an unreasonably tight statute of limitations, most victims fall outside of the statute. Can you still get a recovery in these cases?  Yes, sometimes. But the values are a fraction of what the should be if the deadline to file has passed.

Establishing Third Party Liability

In a Wisconsin sex abuse lawsuit, establishing third-party liability is crucial for obtaining fair compensation. This involves proving that an entity, such as a school, church, or organization, failed to prevent the abuse by neglecting their duty of care.

When a third party is found liable, it often means that there were systemic issues or negligence that allowed the abuse to occur or continue. This can lead to larger settlements because organizations typically have more substantial financial resources and insurance coverage than individual perpetrators.

The Degree of Conduct

When we are talking third party liability like a school or church, the degree of negligence or misconduct by the defendant drives jury payouts and settlement amounts.  If the jury really thinks the third party was just awful in failing to prevent the abuse, that will lead to greater compensation.

Severity and Duration of Abuse

The nature, frequency, and duration of the abuse significantly impact the settlement amount. More severe and prolonged abuse typically results in higher settlements. But there is no question that even one instance of abuse can be devestating and bring about a large compensation payout.

Physical and Emotional Impact (Pain and Suffering)

Assessing the physical injuries, psychological trauma, and long-term emotional distress experienced by the victim is crucial. Ultimately, pain and suffering damages are about what the victim’s experienced.  This may involve medical reports, psychological evaluations, and expert testimony. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and other subjective impacts. These are typically more challenging to quantify but play a significant role in the settlement amount.

Economic Damages

Calculating economic damages includes the cost of medical treatment, therapy, lost wages, and loss of future earning capacity.   Receipts, medical bills, and employment records are often used to substantiate these claims.

Contact Us About Wisconsin Sex Abuse Lawsuits

If you were the victim of sexual abuse and want to file a sex abuse lawsuit in Wisconsin,  contact us today at 800-553-8082 or reach out to us online.