Were you or your family member sexually assaulted while staying at a wilderness therapy camp? If you were sexually abused by a staff member, a camp participant, or a trespasser due to negligence by the people in charge, you may have grounds to sue the program for monetary damages. We can help you explore the available legal options during a free consultation with one of our attorneys. Contact Normandie Law Firm to discuss your rights as a victim of sexual abuse at a wilderness camp.
The Controversy over Wildness Therapy Programs
Wilderness camps and similar therapy programs have been under scrutiny for many years due to the high number of physical and sexual abuse incidents, injuries, and death. This is in addition to the fact that the effectiveness of these programs has not been validated by credible research. Thus, many mental health professionals have argued that the risks outweigh any benefits.
Also referred to as outdoor behavioral healthcare, wilderness therapy is an alternative treatment option for teens that are struggling with behavior issues, substance abuse, and other mental health disorders. The patients spend time living outdoors and engaging in activities like nature therapy, adventure camps, and therapeutic camping.
While this may sound like a fun and innovative idea, many of these programs are run by people that lack proper credentials. Keep in mind that this is not a camping trip for a group of average kids; these children are struggling with serious mental health issues. Lack of supervision and knowledge of how to work with these adolescents can result in all sorts of accidents and abuse incidents.
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Sexual Abuse at Wilderness Therapy Camps
Ironically, the places that are meant to keep children safe are the ones that are most vulnerable to the sexual abuse of minors. Sexual predators target places like juvenile halls, after school programs, and wilderness camps, where they have easy access to vulnerable children. Those with mental health disorders are especially at risk of manipulation by a child molester.
With that in mind, wilderness therapy camps must take reasonable care to ensure the safety of their patients. These measures include, but are not limited to:
- Thoroughly screening all employees prior to hiring
- Ensuring that workers are certified / have extensive experience working with troubled adolescents
- Taking immediate action when there are allegations of suspicion of child sexual abuse (contacting the parents, calling the police, removing the accused form the premises, etc.)
- Cooperating with investigations by law enforcement, including turning over all evidence related to the allegations
- Providing adequate supervision, i.e., ensuring that a staff member is not spending time alone with them and that there are security measures are in place to keep out trespassers.
If the program administrators are negligent in their duty of care and a patient is abused as a result, they can be sued by the victim or their parents / guardians.
Can I Sue if I was Sexually Abused at a Wilderness Therapy Program?
Yes, you can sue for sexual abuse at a wilderness therapy program if you are able to prove that you suffered injuries of a physical and or emotional nature. Who you can go after is a more complicated subject, as it’s based on concepts like misconduct and negligence.
For example, you can file a lawsuit against the person that sexually molested you. But what about the people that hired your abuser and were in charge of supervising them while they were working at the camp? Were they informed about inappropriate conduct between the abuser and camp participants, either by the victim or other staff members? Did they suspect the possibility of sexual abuse, but failed to conduct a proper investigation? Once they found out about the abuse, did they brush aside the incident or try to hide / destroy evidence of sexual abuse within the program?
As you can see, there are numerous issues that can form the foundation for a lawsuit. To learn more about your right to sue a wilderness therapy camp for sexual abuse, contact us today.
Average Settlement Value of a Wilderness Therapy Sex Abuse Case
The case value of a wilderness therapy sexual abuse lawsuit is typically between $1,500,000 and $5,000,000. Of course, not all cases will fall within this range. Settlements may be around $500,000 on the lower end, or they may exceed $10,000,000 for the most extreme cases. The total amount you can receive from a sexual abuse claim is based on the acts of abuse, how they’ve affected your life, degree of negligence by the defendant, and many other issues. If you would like help in figuring out the amount you can receive from a sex abuse lawsuit against a wilderness therapy camp, don’t hesitate to give us a call.
What is the Expected Time to Settle these Cases?
Lawsuits involving the sexual exploitation of a minor are incredibly complex cases, and it’s likely that it will take at least a year to settle your claim. Granted, sometimes we are able to reach a settlement within 6 months, but this is not a common occurrence. If the other side engages in stall tactics and other games to hold up the legal process, it can take up to 2 years to secure the settlement you deserve. The longest timelines are reserved for cases that go to trial, but this happens in less than 5% of all childhood sexual assault lawsuits. Thus, we would say that settling a wilderness therapy camp abuse lawsuit will take anywhere from 6 to 24 months.
How Long Do I have to File a Lawsuit?
If you were a minor under California law at the time of the abuse, you have 22 years to file a lawsuit for sex abuse, starting from when you are 18 years old (age of consent). Essentially, you have until your 40th birthday to sue the program owners/ directors, your abuser, and anyone else that is liable for what happened to you.
Now, what happens if you are older than 40? Have you permanenly lost the right to a lawsuit? Not necessarily – if you meet the qualifications under the 5-year discovery rule for child sexual abuse. This is a complex legal concept that you should discuss with a sexual assault lawsuit lawyer, but here is an example to show how the discovery rule works in real life:
Shannon was sent to a wilderness therapy camp by her parents due to numerous behavior incidents at her school. There, she is befriended by a counselor who grooms her over a period of several weeks by showering her with compliments and giving her special privileges. After establishing a false sense of security and friendship, he starts to engage in sexual contact, like kissing her and groping her breasts. Though she is ashamed of the sexual acts that take place, she is too scared and confused to report the incidents to anyone. Once she goes back home, she represses any memories of the abuse and tries to go on with her life.
Many years later, she goes to a counselor for help with various mental health issues, like depression, anxiety, and substance abuse. Due to her therapy sessions, she realizes that her current mental state resulted from the abuse she endured at a wilderness camp.
Now that Shannon has “discovered” one or more injuries from sexual assault as a minor, she has 5 years to file a lawsuit for negligence against the people in charge of the wilderness camp program.
Speak to a California Child Sexual Assault Lawyer
Whether you are the victim or a family member of someone that was sexually abused, legal advice is critical to obtaining justice from a wilderness therapy camp lawsuit. The attorneys at our office can ensure you have a clear understanding of your rights and legal options.
Legal advice, by the way, isn’t just for people who are interested in filing a sex abuse claim. Those who have active lawsuits may wish to obtain a free second opinion from a lawyer at another law firm. We can help you no matter where you are in the legal process, so contact us right away for a free initial consultation or second opinion.
Zero Fee Guarantee
The Zero Fee Guarantee is a policy that guarantees you will never pay out of pocket to hire a child sexual abuse lawsuit attorney. We work on contingency and ask for all expenses to be covered by the defendant at the same time they issue your settlement check. In other words, if we don’t win your case, you won’t be charged with any legal fees.
As you can see, there is no reason to hold off on contacting us and learning about the legal actions that are available to you. Call Normandie Law Firm to schedule a free case evaluation if you were sexually abused at a wilderness therapy camp program.
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