What Is Delayed Disclosure in Child Sexual Abuse Cases?

After someone suffers sexual abuse, what happens next? One common misconception is that a survivor will immediately tell someone – law enforcement, a family member, or a trusted friend. In reality, there’s a statistically significant chance that they don’t tell anyone for a long time, if at all. This is magnified for child victims, who are more likely to take years to share what happened to them. Delayed disclosure is the term used to describe child sex abuse survivors waiting years or even decades to disclose abuse. 

Several states have enacted lookback window laws in recent years to allow sex abuse victims more time to sue their abusers and the institutions that employed them. These lookback windows are designed to address delayed disclosure and recognize that it may take years for a victim to understand that they were violated. Before Louisiana’s lookback window law was enacted in 2021, survivors only had until their 28th birthday to sue. Under the current legislation, sex abuse victims have until June 14, 2024, to file civil lawsuits, regardless of when the abuse took place. The law has faced challenges from religious institutions that have argued that it’s unconstitutional, but it has been upheld in court.

Delayed Disclosure 

According to research from CHILD USA, the average age of childhood sexual abuse disclosure is 52 years old, and the median age is 48. Up to 33% of child victims won’t ever report their abuse and will die without telling anyone. Children are abused at a higher rate than adults, and one in 10 children will experience sexual abuse. It can be challenging to grasp delayed disclosure from an outside perspective, but there are legitimate reasons that a survivor may not come forward. Understanding why delayed disclosure happens helps emphasize the benefit of sex abuse lookback window laws. 

Shame

Studies have shown that victims of child sexual abuse often feel ashamed, even though they’ve done nothing wrong. They may be hesitant to come forward because they feel responsible for the abuse suffered or may worry that they somehow caused the abuse. Child sex abuse victims are more likely to suffer post-traumatic stress disorder, depression, and opioid overuse — all of which can make it harder to report abuse.

Fear

Fear is a reason for delayed disclosure, and it’s especially prevalent when someone in a position of authority commits abuse. The Catholic Church went to great lengths to cover up clergy sex abuse, and some priests told victims that they’d go to hell if they told anyone about the abuse. Additionally, victims may worry that revealing their experience could get an abuser in trouble. When a trusted authority figure commits abuse, it can be difficult for victims to come forward.

Misunderstanding

In some cases, a child victim may not realize that they suffered abuse until they are adults. The abuser may convince the child that the criminal behavior is normal and doesn’t need to be disclosed. In one Maryland case, a Catholic priest told victims that the abuse was “God’s will.” Sometimes, victims don’t understand the entirety of what happened to them until many years have passed. In some states, the civil statute of limitations starts after someone discovers that abuse occurred for this reason. 

Sam Doe vs. The Diocese of Lafayette, filed by Herman Herman Katz and co-counsel in 2020, is one example of a lawsuit affected by Louisiana’s lookback law. Sam Doe was 16 years old when Fr. Stanley Begnaud allegedly abused him. The ordained priest was moved to various parishes but never removed from ministry, and the Diocese of Lafayette labeled Begnaud a “known pedophile.” He died in 2019.   

Doe didn’t realize the priest had molested him until he went to therapy for several years. The anonymous man filed a lawsuit in 2020, but he was older than 28. The lookback window law passed the following year, and Herman Herman Katz, with co-counsel, said that his case fell within the lookback window. The diocese filed an exception and argued that the case was “prescribed,” which means it is too late to sue. A trial court and appellate court ruled that Doe could proceed with his lawsuit.

Most child molesters don’t stop after abusing one child — heartbreakingly, the average predator abuses 150 children. Along with the implications for abused children, the economic cost is significant. Child sexual abuse costs the federal government over $9 billion every year. Telling children the signs of abuse and emphasizing the importance of talking to a safe adult if they’ve been abused can help reduce delayed disclosure, but it will remain an issue. 

One of the most effective ways to support child sexual abuse victims is by allowing them ample time to process what happened to them before they file a lawsuit. Herman Herman Katz represents sex abuse survivors across Louisiana. You have until June 14, 2024, to file a lawsuit in Louisiana, regardless of when the abuse occurred. Call us at 844-943-7626 or contact us online or via chat for a free, confidential case review.