Sexual abuse and trauma claims
Survivors of sexual abuse deserve justice, protection, and the means to heal. Keeler & Keeler helps survivors and their families pursue civil claims across New Mexico state courts, Navajo Nation courts, and federal court. We bring claims against the people who committed the abuse and against the institutions that let it happen: churches and religious organizations, schools and boarding schools, foster and placement programs, youth organizations, medical providers, jails and detention centers, and city, county, state, and federal agencies.
A criminal case, if there is one, is brought by a prosecutor and ends in punishment. A civil case is yours. It can compensate you for what the abuse has cost, and it can force an institution to answer for what it knew and failed to do.
Our history with these cases
In 2007 the firm filed clergy abuse suits in Navajo Nation District Court in Shiprock against the Diocese of Gallup and two Franciscan provinces on behalf of Navajo men abused as boys. After the Navajo Nation Supreme Court reversed a dismissal, the cases settled in 2012. In 2016 and 2017 the firm filed suits in Window Rock on behalf of Navajo survivors of the LDS Church's Indian Student Placement Program, work covered by the Associated Press and ICT News. Representative results include recoveries of $435,000 and $414,000 in sexual abuse cases. Prior results do not guarantee a similar outcome.
Childhood sexual abuse under New Mexico law
New Mexico has a special statute for abuse suffered as a child. Under NMSA 1978, Section 37-1-30, a civil action for childhood sexual abuse must be filed by the later of:
- the survivor's 24th birthday, or
- three years from the date the survivor first disclosed the abuse to a licensed medical or mental health care provider while receiving care from that provider.
The statute applies to conduct that would be criminal sexual penetration of a minor, criminal sexual contact of a minor, or sexual exploitation of children. The general three-year personal injury deadline in Section 37-1-8 does not apply to these claims. Because the clock can start with a disclosure made in treatment, many adults who were abused decades ago still have a claim. Call before assuming it is too late.
Abuse suffered as an adult
Sexual assault or abuse of an adult is a personal injury claim with the general three-year deadline under Section 37-1-8. Claims against the abuser's employer or the institution that enabled the abuse follow the same clock, with the shorter government deadlines described below.
Who can be held responsible
- The perpetrator, for the abuse itself.
- Institutions such as churches, schools, treatment centers, and placement programs, for negligent hiring, supervision, or retention, and for failing to act after they had notice of what was happening.
- Government agencies, when negligence occurred in a state, county, municipal, educational, or federally run facility. These claims have short notice deadlines: written notice within 90 days under the New Mexico Tort Claims Act, and an administrative claim within two years under the Federal Tort Claims Act for federal facilities such as Bureau of Indian Affairs schools and Indian Health Service hospitals.
Claims on the Navajo Nation
Where the abuse happened and who was involved decide which court hears the case. Abuse of tribal members on the Navajo Nation generally belongs in Navajo Nation District Court, and the Nation's courts have upheld their authority over outside institutions that operated there. Federal facilities go through the Federal Tort Claims Act. We have litigated these jurisdiction questions and know how to keep a case in the right court. See our page on Navajo Nation jurisdiction.
What a survivor can recover
- Counseling and medical costs, past and future.
- Emotional trauma, including post-traumatic stress, anxiety, depression, and the effect on relationships and daily life.
- Lost income and earning capacity where the abuse has affected education or work.
- Punitive damages against those who acted with reckless disregard for a child's safety.
How we work with survivors
Every conversation is confidential. You decide how much to share and how fast the case moves. We do not send survivors into a deposition or a courtroom unprepared, and in many cases the matter resolves without either. New Mexico requires anyone who suspects child abuse to report it, and we will explain how a report and a civil claim work together. The consultation is free, and there is no fee unless we win.
The law behind these cases
- NMSA 1978, Section 37-1-30Childhood sexual abuse claims: file by the survivor's 24th birthday or within three years of first disclosing the abuse to a licensed medical or mental health provider during care, whichever is later. The ordinary three-year injury deadline does not apply.
- NMSA 1978, Section 37-1-8Abuse suffered as an adult follows the general three-year personal injury deadline.
- NMSA 1978, Section 41-4-16Claims against a public school, county detention center, or state agency need written Tort Claims Act notice within 90 days.
- 28 U.S.C. Section 2401(b)Abuse in a federally run facility, such as a Bureau of Indian Affairs school or an Indian Health Service hospital, is a Federal Tort Claims Act case with a two-year administrative claim deadline.
Each citation links to the statute, regulation, or reported opinion. How they apply depends on the facts of your case.
Where we handle sexual abuse cases
Keeler & Keeler is based in Gallup, New Mexico, and represents injured people across McKinley County, San Juan County, Cibola County, the Interstate 40 corridor, and the Navajo Nation. If you are looking for a sexual abuse lawyer in Gallup, sexual abuse lawyer in Grants, sexual abuse lawyer in Farmington, sexual abuse lawyer in Albuquerque, sexual abuse lawyer for the Navajo Nation, the consultation is free and can start with a phone call to (505) 722-5608.