U.S. Virgin Islands Suing an Abuser for Money

You may have a right to seek justice from the abuser through the court system where you live. When people are injured by others, they are permitted to seek what the law refers to as “damages,” in the form of money, for such things as medical bills, lost wages or employment, physical and emotional pain and suffering, and, in some cases, to punish the abuser. Each state has its own laws on these subjects, but, for the most part, they are very similar when it comes to injuries from abuse. To do this, you will most likely need the help of a lawyer. Some lawyers will take a case like this for a “contingent fee,” which means the lawyer does not get paid unless you win in court, and then s/he takes a percentage, usually a third, of whatever damages the judge orders. Sometimes the judge will order the defendant to pay for your attorney’s fees.

If your damages are below a certain amount, you may be able to file on your own in small claims court. Note: In the Virgin Islands small claims court, neither party is permitted to have an attorney. Small claims court is a less formal type of court, and many people are able to go to small claims court without the help of an attorney. In the Virgin Islands, you may file in small claims court on your own for anything that is $10,000 or less.¹ If you want to sue for more, you will have to file in superior court and may need the help of a lawyer. You may talk to the clerk of court for help in filing a lawsuit in small claims court. You can find more information on small claims court, including the forms to file on the Superior Court of the Virgin Islands website.

In addition, the law specifically allows the victim of the crime of non-consensual dissemination of private sexual images to sue the person who shared the private sexual images. The time limit within which you have to sue (the statute of limitations) is two years, but it does not start to run until the day that you discover that the images were shared. The amount of money (damages) you can sue for includes:

• $10,000 or the actual damages you suffered as a result of the dissemination, whichever is greater;
• punitive (“exemplary”) damages, which are intended to punish the abuser;
• court fees and costs; and
• reasonable attorney’s fees.²

In addition to suing for money damages, you can also ask the judge to order the person to stop sharing the images, known as “injunctive relief.”²

To read exactly what you would have to prove in order to sue someone for sharing your private images, see subchapter II of Title 14 of the law.

¹ 4 V.I.C. § 112
² 14 V.I.C. § 1036