Michigan Sexual Assault Lawyers

Updated July 30, 2026: Page Reviewed by Donna MacKenzie and Emily Peacock

A criminal prosecution is brought by the state to determine guilt and punishment. It may also result in restitution for certain economic losses, including qualifying medical or psychological treatment expenses and lost income. A civil lawsuit is separate and may seek a broader range of damages, including compensation for noneconomic harm, while also examining whether an institution or another third party shares responsibility.

Depending on the circumstances, a claim may be brought against the person who committed the assault and against a school, university, employer, religious organization, care facility, youth organization, or property owner that ignored warning signs or failed to provide reasonable protection.

Olsman MacKenzie Peacock represents sexual assault and abuse survivors throughout Michigan. Our attorneys investigate these cases with discretion and care, while determining whether other individuals or institutions share legal responsibility. Consultations are free and confidential, and there is no attorney fee unless compensation is recovered.

Legal Options for Sexual Assault Survivors in Michigan

A criminal case and a civil lawsuit serve different purposes. The state controls a criminal prosecution, which focuses on conviction, punishment, and, when applicable, restitution. A civil lawsuit is brought by the survivor and may seek compensation from the person who committed the assault and from other parties whose conduct contributed to the harm.

A survivor does not need a criminal prosecution or conviction to bring a civil claim. MCL 600.5851b(2) expressly provides that a criminal prosecution or other proceeding is not required and, when one is brought, it does not have to result in a conviction or adjudication. A civil case may therefore still be possible when charges were never filed, a prosecutor declined to proceed, or a criminal case ended without a conviction.

The burden of proof is also different. Prosecutors must prove a criminal charge beyond a reasonable doubt. In a civil case, the evidence generally must show that it is more likely than not that the conduct occurred and caused the claimed harm.

What Civil Claims May Arise From Sexual Assault?

The claims available depend on who committed the assault, where it occurred, and whether another person or organization had an opportunity to prevent it. A claim against the person who committed the assault may involve intentional torts. A claim against an institution may involve negligent hiring, negligent retention, negligent supervision, failure to respond to prior complaints, or failure to provide reasonable security.

The legal theory matters because it affects what must be proven, which evidence is needed, and the filing deadline that applies. An attorney must review the facts before determining which claims and defendants should be included.

Deadlines for Michigan Sexual Assault Claims

Michigan law generally provides a 10-year period to bring an action for damages sustained because of criminal sexual conduct under MCL 600.5805(6). Claims against institutions or government entities may involve different requirements or additional deadlines, depending on the defendant and the legal theory involved.

A person who was sexually assaulted as a minor may have additional time under MCL 600.5851b. The statute allows a claim to be filed before the later of the survivor’s 28th birthday or three years after the survivor discovers, or through reasonable diligence should have discovered, both the injury and its causal relationship to the criminal sexual conduct.

These rules do not automatically revive every older claim. In McLain v Roman Catholic Diocese of Lansing, 514 Mich 1 (2024), the Michigan Supreme Court held that MCL 600.5851b(1)(b) creates a discovery rule for claims based on criminal sexual conduct occurring after the statute took effect on June 12, 2018, but does not retroactively revive claims that had already expired. Because the correct deadline depends on the date of the assault, the survivor’s age, the defendants involved, and the legal theory asserted, it is important to have the facts reviewed as soon as possible.

The Larry Nassar Settlement and Institutional Accountability

The Larry Nassar litigation changed how many people understand institutional responsibility for sexual abuse. In 2018, Michigan State University agreed to a $500 million settlement involving 332 survivors. Of that amount, $425 million was allocated to existing claimants and $75 million was placed in a fund for future claimants.

The case was significant not only because of the number of people harmed, but because it showed what can happen when complaints are dismissed, warning signs are overlooked, or people in positions of authority fail to act. The same issue can arise in schools, religious organizations, youth programs, employers, medical settings, and care facilities.

An institution may share responsibility when its own decisions or failures allowed abuse to occur or continue. Identifying those failures is a central part of investigating a civil sexual assault case.

Who May Be Held Responsible?

The person who committed the assault may not be the only party with legal responsibility. Depending on the facts, a survivor may also have a claim against a private organization, employer, healthcare provider, care facility, or property possessor whose own conduct contributed to the harm. Claims involving governmental entities, including public schools and public universities, require a separate analysis because governmental immunity, notice requirements, and other limitations may apply.

• Schools, universities, sports programs, and youth organizations that ignored complaints or negligently hired, retained, or supervised an employee, coach, volunteer, or other person with access to students or participants, subject to the separate rules that apply to public entities.
• Religious institutions and other organizations that concealed known misconduct, disregarded reports, or moved an accused person without protecting others.
• Employers whose hiring, retention, or supervision practices allowed an employee to commit sexual assault.
• Nursing homes, assisted living facilities, and adult foster care homes where residents are assaulted by staff members, visitors, or other residents. Related information is available in the firm’s nursing home abuse and neglect resource center.
• Businesses and property owners in limited circumstances, including when they fail to reasonably respond to an ongoing situation on the premises that presents an imminent and foreseeable risk to an identifiable person. Michigan law does not generally make a property owner responsible for every criminal act committed by a third party. Learn more about claims involving unsafe property conditions.

Sexual assault can also be connected to human trafficking and commercial sexual exploitation. The firm’s Michigan sex trafficking lawyers page explains civil claims that may be available to trafficking survivors.

Sexual Assault and Abuse Cases We Handle

Each case requires a different investigation. Our attorneys tailor the legal strategy to the person harmed, the setting where the abuse occurred, and the individuals or organizations that may have contributed to it.

• Sexual abuse by physicians, coaches, teachers, clergy members, caregivers, and other people in positions of trust or authority.
• Assault of residents in nursing homes, assisted living facilities, and adult foster care homes by staff members or other residents.
• Childhood sexual abuse claims brought under the deadlines that apply to people who were minors when the abuse occurred.
• Claims involving a business or property owner’s response to an imminent and foreseeable risk of assault on the premises, in the limited circumstances recognized by Michigan law.
• Abuse connected to human trafficking or commercial sexual exploitation.

A confidential consultation can help determine whether the facts support a civil claim and whether another person or institution may share responsibility.

Compensation Available Through a Civil Lawsuit

A civil lawsuit may seek compensation for both financial losses and the personal effects of the assault. The damages available depend on the evidence and the claims being pursued. The firm provides additional information about compensation available under Michigan law.

• Medical expenses, counseling, therapy, medication, and other treatment costs.
• Lost wages and reduced earning capacity when the effects of the assault interfere with a survivor’s ability to work.
• Pain, emotional distress, humiliation, anxiety, and loss of enjoyment of life.
• Other losses supported by the facts and Michigan law.

Damages must be supported by the evidence, and Michigan law does not allow duplicate recovery for the same injury. The categories available depend on the claims asserted and the parties involved.

A civil lawsuit cannot erase what happened, but it can help pay for treatment, recognize the seriousness of the harm, and require responsible parties to answer for their conduct.

A Sexual Assault Verdict Obtained by Our Firm

Olsman MacKenzie Peacock obtained a $1.5 million verdict for a resident of an adult foster care home who was sexually assaulted by another resident. The result is included among the representative cases handled by Donna MacKenzie.

Additional verified recoveries from the firm’s other practice areas are available on the Michigan personal injury settlement amounts page.

Past results do not guarantee a similar outcome. Every case depends on its own facts, available evidence, legal issues, damages, and sources of recovery.

Attorneys Donna MacKenzie and Emily Peacock

Donna MacKenzie has more than 20 years of experience representing people and families harmed by serious negligence, abuse, and neglect throughout Michigan. She is a past president of the Michigan Association for Justice and a former chair of the State Bar of Michigan Negligence Law Section. Her representative results include the $1.5 million adult foster care sexual assault verdict described above.

Emily Peacock is a dedicated advocate for injured people and families. She has tried numerous cases to verdict and brings more than a decade of litigation experience to each case. She graduated in the top 5 percent of her class at Wayne State University Law School, earned Order of the Coif honors, and was named a Michigan Super Lawyer each year from 2019 through 2026.

One former client described Emily as “my rock through this hard journey” and said she “fought for me when I felt like nobody was even listening to me.”

More accounts from former clients are available on the firm’s client testimonials page.

How Our Sexual Assault Lawyers Help

We begin by listening to what happened and identifying the questions that need to be answered. Depending on the case, the investigation may include obtaining medical and counseling records, preserving surveillance footage and electronic communications, interviewing witnesses, reviewing prior complaints, examining hiring and supervision practices, and determining whether an institution ignored warning signs.

The firm also has registered nurses on staff who assist with record review and help explain the medical effects of an injury. When needed, the attorneys work with medical, mental health, security, and other professionals to document the harm and evaluate how the assault could have been prevented.

Cases are handled on a contingency fee basis, which means there is no attorney fee unless compensation is recovered. More information is available on the firm’s fees and costs page.

Frequently Asked Questions About Michigan Sexual Assault Lawsuits

Can I file a civil lawsuit if no criminal charges were brought?

Yes. A civil claim does not depend on a criminal charge or conviction. The prosecutor controls the criminal case, while the survivor controls whether to consult an attorney and pursue a civil claim. The evidence and filing deadline still must be evaluated separately.

Can I sue a school, employer, church, hospital, or care facility?

Possibly. A private organization may be responsible when its own negligence contributed to the assault. Examples include ignoring earlier complaints, failing to supervise a person with access to vulnerable people, or retaining an employee after warning signs. Claims against public schools, public hospitals, public universities, and other governmental entities are subject to additional immunity and notice rules. Liability depends on the defendant, the applicable law, what the organization knew or should have known, and what it did in response.

How long do I have to file a sexual assault lawsuit in Michigan?

Michigan generally provides a 10-year limitations period for an action to recover damages sustained because of criminal sexual conduct. Additional provisions apply to people who were minors when the assault occurred. Different deadlines and notice requirements may apply to institutional, governmental, federal, or property-related claims, so the dates, defendants, and legal theories should be reviewed before any deadline is assumed.

What if the sexual abuse occurred when I was a child?

Michigan law gives many childhood sexual abuse survivors additional time to file a civil claim. The current statute generally permits filing before the later of age 28 or three years after the survivor discovers, or through reasonable diligence should have discovered, the injury and its causal relationship to the abuse. Under McLain, that discovery rule applies to claims based on criminal sexual conduct occurring after June 12, 2018, and does not automatically revive claims that expired before the statute took effect.

How much does it cost to hire a Michigan sexual assault lawyer?

The initial consultation is free and confidential. Olsman MacKenzie Peacock handles these cases on a contingency fee basis, so there is no attorney fee unless the firm obtains compensation for the client.

Will I have to go to trial?

Not every case goes to trial. Some claims resolve through negotiation or mediation, while others require a lawsuit and trial. Our attorneys prepare each case based on the evidence and discuss the available options with the client before major decisions are made.

Speak With a Michigan Sexual Assault Lawyer

To discuss a possible civil claim, call Olsman MacKenzie Peacock at 1-800-366-8653. The consultation is free and confidential, and there is no obligation to proceed. The firm represents survivors throughout Michigan from offices in Berkley, Lapeer, and Battle Creek.

Anyone seeking immediate emotional support can contact RAINN’s National Sexual Assault Hotline 24 hours a day by calling 800-656-HOPE (4673), texting HOPE to 64673, or using the online chat at RAINN.org.