Philadelphia Sexual Assault Lawyers

If you were sexually assaulted or abused in Philadelphia, you can sue the person who harmed you, and often the school, employer, church, or business that let it happen. Strict Pennsylvania deadlines apply.

What to do now:

1. Write down what you remember. Note dates, places, names, and anyone you told, and keep the notes private.
2. Save messages and records. Keep texts, emails, social media messages, photos, and medical or counseling records.
3. Check your filing deadline. Adults usually have 2 years from the assault. People abused as children may have until age 55, depending on when the abuse happened.

Charles Gilman co-founded Gilman & Bedigian. The firm represents survivors who are holding abusers and institutions accountable. Our firm won the $182 million birth injury verdict in Hagans v. Hospital of the University of Pennsylvania. No fee unless we win.

Call (800) 529-6162 to talk with our team in confidence.

Key Takeaways

• In Pennsylvania, an adult survivor generally has 2 years from the assault to file a lawsuit under 42 Pa. C.S. § 5524. Some tolling doctrines may extend that period, but Pennsylvania applies them narrowly.
• A person abused as a child may file until age 55 under 42 Pa. C.S. § 5533(b)(2). This applies only if the claim had not already expired when the 2019 amendment took effect.
• A lawsuit for money damages is separate from any criminal case. You do not need an arrest, charges, or a conviction to file one.
• Institutions such as employers, schools, and property owners can be liable for their own negligence, including careless hiring, weak supervision, or poor security.
• Claims against a Pennsylvania government unit usually require written notice within 6 months under 42 Pa. C.S. § 5522, except childhood sexual abuse claims under the 2019 immunity exceptions, and immunity rules add further conditions.

What Waiting Can Cost a Pennsylvania Sexual Abuse Claim

A sexual abuse lawsuit decides who pays for the harm, and that harm often lasts for years. It can include years of therapy, lost jobs or a career that never got started, and medical care. It can also include the security that comes from knowing the people responsible were made to answer for it. In Pennsylvania, waiting too long can end the claim entirely, no matter how strong the evidence is.

Deadlines are the biggest risk. Here is how each one works against a survivor who waits:

1. The two-year rule for adults. Most adult claims must be filed within 2 years under 42 Pa. C.S. § 5524. Courts generally dismiss late claims.
2. The childhood abuse rule has a cutoff. The age-55 deadline helps only survivors whose claims were still alive when the law changed in 2019. Claims that had already expired under the old rules were not revived.
3. Government defendants need early notice. If a public school, transit authority, or city agency is involved, Pennsylvania generally requires written notice within 6 months (42 Pa. C.S. § 5522), although that rule does not apply to childhood sexual abuse claims brought under the 2019 immunity exceptions. Missing that notice can create a serious problem even when the lawsuit deadline is years away.

Evidence also fades. Businesses record over surveillance video. Employers purge personnel files and badge logs under their own retention schedules. Phones get replaced, and apps delete messages. Witnesses move or forget details. A preservation letter is a written demand telling a person or company to keep specific evidence because a lawsuit is likely. It is one of the first tools we use, and it works best when it is sent early.

Many survivors take years to talk about what happened. That is a normal response to trauma, and the law partly recognizes it. Still, the deadlines are real. Finding out exactly which deadline applies to you is the single most useful step you can take this week.

Not sure which deadline applies to you? Call (800) 529-6162. We answer our phone 24/7. We can talk through the dates with you and explain what they mean before you decide anything.

How We Handle a Sexual Assault Case From First Call to Trial

Our approach is straightforward. We protect your privacy, identify every responsible party, preserve evidence before it disappears, and prepare each case as if it will go to a jury. We prepare every claim for trial, because an institution and its insurer value a case based on what they believe a jury would do with it.

A private first conversation

You choose how much to share and when. In the first conversation, we focus on dates, places, the people and organizations involved, and what records may exist. You do not need to tell the whole story in one call. Many survivors share details over time, and we plan for that.

Deadline and defendant analysis

Next, we work out which deadline controls your case and who can be named in it. A single assault can involve the abuser, an employer, a school, a landlord, and an insurer. Each one may face different rules. We do that analysis early so the claim is built around the strongest defendants, not just the most obvious one.

Preserving and gathering evidence

We send preservation letters and request records, including:

• Police reports and any forensic exam records
• Medical and counseling records, with your permission
• Personnel files, prior complaints, and internal investigations
• Surveillance video, access logs, and security staffing records
• Texts, emails, social media messages, and app data

Building the record with experts

Sexual abuse cases often turn on expert testimony. Experts can explain why survivors delay disclosure, what trauma does to memory, what an institution's safety policies should have required, and what future treatment will cost. Charles Gilman has given lectures to other lawyers, at their request, on the use of expert witnesses at trial. That skill matters when a jury needs to understand behavior that might otherwise seem confusing.

Understanding how the defense thinks

Some of our attorneys spent years defending hospitals, doctors, corporations, and insurance companies before joining our firm. That background helps us anticipate how an institution will investigate a claim, value it, and try to shift blame.

Filing, discovery, and trial preparation

Discovery is the formal exchange of evidence after a lawsuit is filed. It includes document requests, written questions, and sworn interviews called depositions. We push for the records institutions least want to produce, such as prior complaints and internal emails. Firm co-founder Briggs Bedigian has tried more than 70 cases to verdict, and that trial-first preparation shapes how we build every file.

Want to know what this process would look like for your situation? Call (800) 529-6162. You can ask how the deadlines apply, who might be responsible, and how fees work, all before you commit to anything.

How Long Do You Have to File a Sexual Abuse Lawsuit in Pennsylvania?

The answer depends on how old you were when the abuse happened and who you are suing. Under 42 Pa. C.S. § 5524, an adult generally has 2 years from the assault to file. A survivor of childhood sexual abuse may have until age 55 under 42 Pa. C.S. § 5533(b)(2), but only if the claim had not already expired before the 2019 amendment took effect.

A statute of limitations is the legal deadline for filing a lawsuit. Once it passes, the court will usually dismiss the case, even if every fact in it is true.

Pennsylvania sexual abuse statute of limitations at a glance

What changed in 2019

Before 2019, a survivor of childhood sexual abuse generally had until age 30 to sue. Act 87 of 2019 extended that deadline to age 55 for claims that were still alive when the change took effect. The amendment did not bring back claims that had already expired under the old rule. Lawmakers in Harrisburg have debated opening a temporary window to revive older claims. If someone once told you your claim was too old, it is worth having a lawyer check the current law.

Does the clock start when you realize the harm?

Usually not. The discovery rule can delay a deadline when a person could not reasonably have known about an injury or its cause. Pennsylvania applies it narrowly. In Dalrymple v. Brown (1997), the Pennsylvania Supreme Court declined to apply it to a claim based on repressed memories. Because of that, deadline planning should rest on the dates themselves, not on when the harm was understood.

Key insight: For many survivors, the most important question is whether the claim was still alive in 2019, more than how old they are today. An adult abused at 16 in 2005 or 2006 may fall on either side of that line, depending on birth date. That is why we start with exact dates.

Who Can Be Held Responsible for Sexual Abuse in Philadelphia?

The abuser is always responsible for what they did. Pennsylvania law also allows claims against institutions for their own negligence, such as hiring someone dangerous, ignoring warning signs, failing to supervise, or providing inadequate security. Institutional claims often matter most, because organizations are usually insured and individual abusers often are not.

Negligent supervision means an organization failed to reasonably oversee an employee or volunteer when it knew, or should have known, that the person posed a risk. Pennsylvania courts often find that a sexual assault falls outside an employee's job duties. For that reason, claims against employers usually focus on the organization's own failures rather than automatic liability for the employee's acts.

Employers and workplaces

When an assault happens at work, the claim may involve the employer's hiring, its response to earlier complaints, and its supervision of the person who caused harm. We explain these issues in depth on our page about workplace sexual assault in Philadelphia. We also cover how employer negligence can enable sexual assault. Federal and state employment laws may add claims with their own short filing deadlines.

Schools, colleges, and youth programs

Schools that receive federal funding are covered by Title IX (20 U.S.C. § 1681). Under U.S. Supreme Court decisions in Gebser (1998) and Davis (1999), a school can be liable for damages when an official with authority to act knew about the harassment and responded with deliberate indifference. That means a response that was clearly unreasonable given what the school knew. Youth sports leagues, camps, and churches can face negligence claims under state law.

Religious organizations

Pennsylvania courts have allowed survivors to pursue claims against religious institutions for negligent supervision. In Hutchison v. Luddy (2005), the Pennsylvania Supreme Court held that punitive damages can be available against a diocese on a negligent supervision claim in a case involving abuse by a priest, and the $1 million award was later upheld. These cases often depend on internal records showing what leadership knew, and when.

Doctors, hospitals, and care facilities

Abuse by a doctor, therapist, or caregiver can support claims against the provider and the facility that employed or credentialed them. We have written about cases where a doctor committed sexual assault and medical malpractice. For older adults, abuse in nursing homes raises related issues, which we discuss in our coverage of elder abuse in Philadelphia.

Hotels, bars, apartments, and rideshare companies

Property owners can be liable when poor lighting, broken locks, or missing security made an assault foreseeable. Our article on security negligence and sexual assault explains how those claims work. Assaults involving drivers raise separate questions about screening and company policies, covered in our discussion of rideshare companies and assault claims in Philadelphia.

Government agencies

Public schools, transit authorities, and city agencies are protected by sovereign and governmental immunity. These legal doctrines shield government bodies from many lawsuits unless a statute creates an exception. A 2019 amendment added exceptions under 42 Pa. C.S. §§ 8522(b)(10) and 8542(b)(9) for certain sexual offenses against minors when the agency's negligence caused the harm. The usual damage caps in §§ 8528 and 8553 and the 6-month notice rule do not apply to those claims, but the caps generally limit recovery in other claims against government bodies. Claims against federal employers follow different rules, which we outline in our discussion of sexual assault claims against federal agencies.

How fault is divided among defendants

Pennsylvania's Fair Share Act, part of 42 Pa. C.S. § 7102, generally makes each defendant pay only its own share of fault. The exceptions include intentional torts and defendants found 60% or more at fault. How a jury divides responsibility between an abuser and a negligent institution can change who pays and how much. That is one reason we look hard at every party, not just one.

But there is a catch.

Defense lawyers sometimes try to shift blame onto the survivor by pointing to drinking, choices about where to go, or trust placed in the wrong person. The comparative negligence part of § 7102 applies to negligence claims, and it would bar recovery only if a jury found the survivor more at fault than the defendants combined. Our position is simple: trusting someone, having a drink, or going on a date is not what causes an assault. We prepare expert and factual evidence to answer those arguments directly.

How Is a Sexual Assault Lawsuit Different From the Criminal Case?

They are two separate cases with different goals. A criminal case is brought by the Commonwealth to punish the offender. A civil lawsuit is brought by the survivor to recover compensation, and it does not require any arrest, charge, or conviction. You can pursue a lawsuit whether or not police were called, and whether or not prosecutors filed charges.

Preponderance of the evidence is the standard of proof in a lawsuit. It means the jury must find your version more likely true than not. That is a lower bar than the "beyond a reasonable doubt" standard used in criminal court.

Can the two cases happen at the same time?

Yes. Sometimes a defendant asks the court to pause the lawsuit while criminal charges are pending, and the judge decides whether to grant that request. A criminal conviction can help prove a lawsuit, but it is not required. An acquittal does not end a lawsuit either, because the standard of proof is different.

Do you have to report to police?

No law requires an adult survivor to make a police report before filing a lawsuit. A report can create useful records, and some victim compensation programs require one. Still, the choice belongs to you. We can explain how each option might affect your claim so you can decide with full information.

What Compensation Can a Sexual Assault Survivor Recover in Pennsylvania?

Pennsylvania allows survivors to recover both economic and non-economic losses. In cases of outrageous conduct, punitive damages may also be available. Pennsylvania has no general cap on damages against private defendants. Claims against government bodies are generally capped under 42 Pa. C.S. §§ 8528 and 8553, but those caps do not apply to childhood sexual abuse claims under the 2019 immunity exceptions. The value of any claim depends on the evidence, the defendants, and available insurance.

Punitive damages are awarded to punish especially reckless or outrageous conduct and to deter it in the future. They are separate from compensation for your losses.

Why insurance matters so much

Here's what that means for you. Personal liability policies often exclude intentional acts, so an abuser's own insurance may not pay for an assault. Institutions usually carry liability coverage for negligence claims, such as negligent hiring or supervision. Naming the right institutional defendant is often what makes a judgment collectible. We review which policies may apply early, because coverage disputes can shape every decision that follows.

What drives the value of a claim

Rather than quoting average numbers that would not fit your case, here are the factors that move value:

• How long the abuse lasted and how old you were
• The documented effect on your mental health, work, and relationships
• What the institution knew before the abuse, and what it did about it
• Whether the conduct could support punitive damages
• Available insurance and the defendants' resources
• Whether an immunity cap applies

You can learn more about the non-economic side of damages in our explanation of loss of enjoyment of life in Philadelphia.

Will My Name and Story Stay Private if I File a Lawsuit?

Privacy is often the first worry survivors raise, and it is a fair one. Pennsylvania courts can allow a survivor to file under a pseudonym such as "Jane Doe" and can issue protective orders that limit how sensitive information is shared, but each requires a request to the court. We plan for privacy from the very first filing.

A pseudonym is a substitute name used in court papers so the public record does not reveal who you are. The judge decides whether to allow it by weighing your privacy interest against the public's interest in open courts.

Your therapy records

Pennsylvania protects confidential communications with psychiatrists and licensed psychologists under 42 Pa. C.S. § 5944, and with sexual assault counselors at rape crisis centers under 42 Pa. C.S. § 5945.1. When a lawsuit seeks damages for emotional harm, the defense may ask for those records. Courts can limit what gets disclosed, review records privately, or seal filings. We talk through these trade-offs with you before any claim for emotional distress is made.

Your sexual history

Pennsylvania's rape shield statute, 18 Pa. C.S. § 3104, applies in criminal prosecutions. In a lawsuit, the judge decides what evidence is relevant under the Pennsylvania Rules of Evidence. We seek protective orders and file motions to keep irrelevant, harassing questions out of the case.

Confidentiality in a settlement

Whether a settlement stays confidential is something the parties negotiate. Some survivors want privacy. Others want to be free to speak. The federal Speak Out Act (2022) limits enforcement of nondisclosure and nondisparagement clauses agreed to before a sexual assault or harassment dispute arose. You decide what terms you can live with.

Filing in the Philadelphia Court of Common Pleas: Where Sexual Abuse Cases Are Heard

Most sexual abuse lawsuits in Philadelphia are filed in the Philadelphia County Court of Common Pleas, part of Pennsylvania's First Judicial District. Pennsylvania's venue rules generally allow a lawsuit to be filed where a defendant can be served or does regular business, or where the events happened. A case connected to Philadelphia may therefore belong in Philadelphia, in a suburban county, or in federal court.

Philadelphia County

Civil filings in Philadelphia run through the Court of Common Pleas, whose civil courtrooms are centered at City Hall at Broad and Market Streets. Your case notice and docket will show your assigned track, judge, and courtroom. The court uses case management orders to set deadlines for discovery, expert reports, and trial readiness. Claims below a set dollar amount go to compulsory arbitration first. Larger cases follow a trial track, and the court runs a Complex Litigation Center for mass tort dockets.

Montgomery County and Conshohocken

Abuse that happened in Conshohocken, Norristown, or elsewhere in Montgomery County, or that involved an institution based there, may be filed in the Montgomery County Court of Common Pleas in Norristown. Each county follows its own local rules for scheduling, arbitration limits, and case management. A lawyer handling the case needs to know the rules of the county where it is actually filed.

Federal court on Market Street

Title IX claims, civil rights claims under 42 U.S.C. § 1983, and some cases involving parties from different states may be filed in the U.S. District Court for the Eastern District of Pennsylvania, at the James A. Byrne U.S. Courthouse on Market Street. Federal court follows different pleading, discovery, and scheduling rules. Choosing state or federal court is a strategic decision we make with you.

Local support resources

Survivors age 16 and older in Philadelphia can get forensic medical exams through the Philadelphia Sexual Assault Response Center. Pennsylvania's Victims Compensation Assistance Program, run by the Pennsylvania Commission on Crime and Delinquency, may help with certain costs. Its general rules require a police report or protective order, but survivors of sexual abuse may be able to seek counseling costs without making a report. These resources are separate from a lawsuit, and using them does not affect your right to file one.

Our Philadelphia office is a short walk from City Hall. That proximity helps with court appearances, records requests, and meetings with clients who live and work in the city. If you want to understand how a case moves after filing, our overview of the claims process in Philadelphia walks through the stages.

What Does It Cost to Hire a Sexual Abuse Lawyer in Philadelphia?

We take all personal injury cases on a contingency fee basis, which means our fee comes from the recovery, and there is no fee unless we win. You do not pay an hourly rate or a retainer to start.

A contingency fee is an attorney fee paid as a percentage of the money recovered through a settlement or verdict. If there is no recovery, there is no attorney fee.

Fees versus case expenses

Attorney fees and case expenses are different things. Expenses include costs such as court filing fees, records, deposition transcripts, and expert witnesses. Experts can be a significant cost in sexual abuse cases. Ask us how expenses are handled in your fee agreement, and we will walk through it in writing before you sign anything.

What you can expect from us

These are the commitments we can make:

• We answer our phone 24/7. Survivors often reach out late at night, when memories surface or courage peaks.
• You owe no attorney fee unless we recover for you. Our fee depends on a recovery.
• You stay in control. You decide whether to file, whether to settle, and whether to go to trial.

What to gather before you call

You do not need anything to start the conversation. If you have them, these items help:

1. A timeline of dates, places, and people involved
2. Any messages, emails, or social media posts from the abuser or the institution
3. Names of anyone you told, and when you told them
4. Police reports, school or workplace complaints, and any responses you received
5. Names of your doctors and counselors since the abuse

Our Trial Record and the Team Behind Your Case

Gilman & Bedigian was co-founded by Charles Gilman and H. Briggs Bedigian in October of 2012. The firm has recovered over $800 million for clients and has won some of the largest verdicts in the Baltimore-Washington DC area as well as throughout Maryland and Pennsylvania. The results below come from medical malpractice and birth injury cases, not sexual abuse claims. We list them to show how we prepare cases for trial, not to predict the outcome of any case.

Charles Gilman

Charles Gilman is the firm's managing partner and co-founder. He is admitted to practice in Pennsylvania, state and federal, along with Maryland, New York, the District of Columbia, and Texas. He was named a Super Lawyer from 2015 to 2022 and a Super Lawyers Rising Star from 2009 to 2014. He was also selected for The National Trial Lawyers Top 40 Under 40. His practice centers on people harmed by others' wrongful conduct. He has handled serious personal injury cases where a large recovery was needed to fund a lifetime of care.

Briggs Bedigian

Briggs Bedigian co-founded the firm and has tried more than 70 cases to verdict, including the $182 million Hagans verdict, the largest medical malpractice verdict in Pennsylvania history. He was inducted into the Inner Circle of Advocates in 2015 and is admitted in Maryland, Pennsylvania, and the District of Columbia.

The wider team

Beyond the two partners, our team includes attorneys who worked at defense firms, representing a hospital system, corporations, and insurance companies. Our attorneys have been featured on or in The Legal Intelligencer, The Wall Street Journal, The Daily Record, FOX45 Baltimore, and WJZ, among other outlets. If your case connects to Maryland, our team also handles sexual assault cases in Maryland.

Every case is different, and past results do not guarantee a future outcome. What we can commit to is the preparation: every claim built as if it will be tried, because that is how institutions decide what a case is worth. To learn why some cases settle and others go before a jury, see our explanation of why some cases go to court in Philadelphia.

Talk to a Philadelphia Sexual Assault Lawyer About Your Deadline

You do not have to decide anything today, but you should know your deadline. Adult survivors generally have 2 years from the assault. Claims involving government bodies may need written notice within 6 months. Childhood abuse claims may run to age 55 only if they were still alive in 2019. The longer evidence sits, the more of it disappears.

Call (800) 529-6162 to talk with our team in confidence. We answer our phone 24/7 and serve survivors throughout Philadelphia, Philadelphia County, Conshohocken, and Montgomery County. You will not owe us a fee unless we recover for you.

Frequently Asked Questions

Do I have a case if the person who abused me was never arrested or charged?

Yes, you may. In Pennsylvania, a lawsuit for compensation is separate from any criminal case. It uses the lower "preponderance of the evidence" standard, which means more likely than not. You do not need an arrest, charges, or a conviction to file. Whether you have a viable claim depends on the evidence, the deadline, and who can be held responsible.

How long do I have to file a sexual abuse lawsuit in Pennsylvania?

Adult survivors generally have 2 years from the assault under 42 Pa. C.S. § 5524, though survivors abused at ages 18 through 23 may have until age 30. Survivors abused as children may have until age 55 under 42 Pa. C.S. § 5533(b)(2), but only if the claim had not already expired when the 2019 amendment took effect. Claims against government bodies usually also require written notice within 6 months under 42 Pa. C.S. § 5522, except childhood sexual abuse claims brought under the 2019 immunity exceptions.

The abuse happened decades ago. Is it too late?

Not necessarily, but it depends on exact dates. Pennsylvania's 2019 change extended the deadline for childhood sexual abuse to age 55. It did not revive claims that had already expired under the old age-30 rule. A lawyer can compare your birth date and the dates of abuse against the law in effect at each point to tell you where you stand.

How much does it cost to hire a sexual abuse lawyer at your firm?

We take all personal injury cases on a contingency fee basis, so our fee comes from the recovery and there is no fee unless we win. Case expenses, such as expert witness fees and records costs, are separate from attorney fees. Ask us how those expenses are handled in your agreement before you sign.

What is my sexual assault case worth?

No honest lawyer can give you a number at the start. Value depends on the harm to your health, work, and relationships, and on what the institution knew beforehand. Available insurance, whether punitive damages are possible, and whether a government damage cap applies all matter too. Pennsylvania has no general damages cap for private defendants, but claims against government bodies are generally capped under 42 Pa. C.S. §§ 8528 and 8553, except childhood sexual abuse claims under the 2019 immunity exceptions.

Can I sue the school, church, or employer and not just the abuser?

Often, yes. Pennsylvania allows negligence claims against organizations that carelessly hired, supervised, or retained someone dangerous, or that ignored warning signs. Federally funded schools can also face Title IX claims when an official with authority knew about the abuse and responded with deliberate indifference. Government institutions are subject to immunity rules with specific exceptions.

Can the defense blame me for what happened?

Defense lawyers sometimes try. Pennsylvania's comparative negligence statute, 42 Pa. C.S. § 7102, applies to negligence claims and would bar recovery only if a jury found you more at fault than the defendants combined. We prepare evidence and expert testimony to show that trusting someone or having a drink is not what causes an assault.

Can I keep my name private if I file?

Pennsylvania courts can allow a survivor to file under a pseudonym such as "Jane Doe." They can also enter protective orders that limit how sensitive information is shared. Neither is automatic. The judge decides after a request, weighing your privacy against the public's interest in open courts.

Should I accept a settlement offer from an institution or its insurer?

Not before you understand what the offer covers and what it releases. A settlement usually ends your claims against that party for good. It may also include confidentiality terms you will have to live with. Before deciding, compare the offer against your future therapy costs, lost earning capacity, and the strength of the evidence.

What if the abuser has no insurance or money?

That is common. Personal liability policies often exclude intentional acts. In many cases, the practical path to recovery runs through an institution that had insurance for negligence claims, such as an employer, school, property owner, or care facility. Identifying those parties early is a key part of the case.

How long does a sexual abuse case take?

It depends on the court's schedule, the number of defendants, how hard they fight over records, and whether experts are needed. Cases in the Philadelphia Court of Common Pleas follow case management orders that set deadlines for discovery and trial readiness. Some cases resolve during discovery. Others go to trial.

Will my case go to trial?

Some cases settle and some are tried. The decision to accept a settlement or go to trial is always yours. We prepare every case as if it will reach a jury, because that preparation shapes how defendants and insurers value the claim.

How do I pay for counseling while my case is pending?

Options may include health insurance and Pennsylvania's Victims Compensation Assistance Program, run by the Pennsylvania Commission on Crime and Delinquency. That program has its own eligibility rules, and survivors of sexual abuse may be able to seek counseling costs without reporting to police. Keeping records of all treatment costs also helps document damages in your lawsuit.