Your Legal Rights

Families whose children were sexually exploited through Roblox may have multiple legal options to seek justice and compensation. This page explains the different types of legal actions available, who can be held accountable, and what rights families have under the law.

Types of Legal Actions

There are generally two types of legal actions that can be pursued in child exploitation cases: criminal prosecution and civil lawsuits. These serve different purposes and can proceed simultaneously.

Criminal Prosecution

Criminal cases are brought by government prosecutors on behalf of the state or federal government. The goal is to punish offenders and protect society. Criminal penalties can include prison sentences, fines, and sex offender registration requirements.

Criminal prosecution does not provide financial compensation to victims. However, many states have victim compensation funds that can help cover expenses related to the crime, such as medical bills, therapy costs, and lost wages for caregivers who miss work to support their child.

If you report exploitation to law enforcement, prosecutors will evaluate whether there is sufficient evidence to file criminal charges. The decision to prosecute is made by government attorneys, not by victims or their families. However, your cooperation and testimony may be essential for successful prosecution.

Civil Lawsuits

Civil lawsuits are legal actions brought by individuals seeking compensation for harm they suffered. In child exploitation cases, civil lawsuits can be filed against both the perpetrator and potentially against platforms like Roblox that allegedly failed to protect children.

The goal of civil litigation is to obtain financial compensation for damages such as medical expenses, therapy costs, pain and suffering, and other losses. Civil cases also serve to hold platforms accountable for safety failures and can lead to improved protections for other children.

Unlike criminal cases, civil lawsuits are controlled by the victim and their family. You decide whether to file a lawsuit, when to file it, and whether to accept a settlement offer. An experienced attorney can help you understand your options and make informed decisions.

Who Can Be Held Accountable

Multiple parties may potentially be held legally responsible in child exploitation cases, depending on the specific circumstances.

The Perpetrator

The individual who directly exploited your child can be held accountable through both criminal prosecution and civil lawsuits. Criminal charges may include online enticement of a minor, production or distribution of child sexual abuse material, sextortion, and other federal and state crimes.

Civil lawsuits against perpetrators can seek compensation for all damages resulting from the exploitation. However, perpetrators often have limited financial resources, which is why many families also pursue claims against platforms.

Roblox Corporation

Multiple lawsuits have been filed against Roblox Corporation alleging the company failed to implement adequate safety measures to protect children from predators. These lawsuits claim the platform's design choices, moderation systems, and business practices enabled exploitation to occur.

Legal theories used against Roblox include negligence, negligent design, failure to warn, and violations of consumer protection laws. Plaintiffs allege that Roblox knew or should have known about the risks of child exploitation on its platform but failed to take reasonable steps to prevent harm.

Some lawsuits also allege that Roblox violated state laws requiring platforms to protect children. For example, the California Age-Appropriate Design Code Act requires businesses to consider the best interests of children when designing online services likely to be accessed by children.[1]

Other Potentially Liable Parties

Depending on the specific circumstances, other parties may also be held accountable. For example, if exploitation occurred through a user-generated game on Roblox, the game creator might potentially face liability. If a school or organization failed to properly supervise children's online activities, they might also be liable.

An experienced attorney can evaluate all potential defendants in your specific case and determine who may be held accountable under applicable laws.

Civil Lawsuit Process

Understanding the civil lawsuit process can help you make informed decisions about pursuing legal action.

Consultation with an Attorney

The first step is typically a consultation with an attorney who specializes in child exploitation cases or mass tort litigation. During this consultation, the attorney will evaluate your case, explain your legal options, and answer your questions.

Many attorneys offer free initial consultations. They will review the facts of your case, assess potential legal claims, and explain what compensation might be available. This consultation is confidential and does not obligate you to file a lawsuit.

Investigation and Evidence Gathering

If you decide to pursue a lawsuit, your attorney will conduct a thorough investigation. This may include gathering evidence such as messages, screenshots, medical records, therapy records, and other documentation of the exploitation and its impact.

Your attorney may also work with experts such as child psychologists, digital forensics specialists, and platform safety experts to build your case. Expert testimony can be essential for proving damages and establishing platform liability.

Filing the Lawsuit

If your attorney determines you have a viable case, they will file a complaint in the appropriate court. The complaint sets forth the legal claims, facts supporting those claims, and the damages you are seeking.

The complaint will be served on the defendants, who then have a specified time period to respond. Defendants typically deny the allegations and may file motions seeking to dismiss the case or limit the claims.

Discovery Phase

After the initial pleadings, the case enters the discovery phase. During discovery, both sides exchange information and evidence. This may include written questions (interrogatories), requests for documents, and depositions where witnesses provide sworn testimony.

Discovery can be lengthy, especially in cases involving large corporations like Roblox. The company may have extensive internal documents, policies, and data that are relevant to the case. Your attorney will work to obtain all relevant evidence while protecting your privacy.

Settlement Negotiations

Many civil cases settle before going to trial. Settlement negotiations can occur at any point in the process. Defendants may offer to settle to avoid the cost and uncertainty of trial, especially if they believe the evidence against them is strong.

Your attorney will evaluate any settlement offers and advise you on whether they are fair and adequate. You have the final decision on whether to accept a settlement or proceed to trial.

Trial

If the case does not settle, it will proceed to trial. At trial, both sides present evidence and arguments to a judge or jury, who then decides whether the defendants are liable and what damages should be awarded.

Trials can be lengthy and emotionally difficult, especially when children are involved. However, trials also provide an opportunity to hold defendants publicly accountable and can result in significant compensation for victims.

Damages Available in Civil Lawsuits

Civil lawsuits can seek compensation for various types of damages resulting from child exploitation.

Economic Damages

Economic damages compensate for financial losses with specific dollar amounts. These may include:

Medical expenses for physical and mental health treatment Therapy and counseling costs Lost wages for caregivers who miss work Costs of increased supervision or security measures Educational expenses if the child needs specialized schooling

These damages are typically documented through bills, receipts, and other financial records. Your attorney will help you gather documentation of all economic losses.

Non-Economic Damages

Non-economic damages compensate for harm that does not have a specific dollar value. These may include:

Pain and suffering Emotional distress Loss of enjoyment of life Psychological trauma Impact on family relationships

Calculating non-economic damages is more complex than economic damages. Juries consider factors such as the severity of the exploitation, the child's age, the duration of the abuse, and the long-term impact on the child's life.

Punitive Damages

In some cases, courts may award punitive damages, which are intended to punish defendants for particularly egregious conduct and deter similar behavior in the future. Punitive damages are only available in certain circumstances and are subject to legal limitations.

Statute of Limitations

Statute of limitations laws set deadlines for filing lawsuits. These deadlines vary by state and by the type of legal claim. It is important to consult with an attorney promptly to ensure you do not miss any deadlines.

Many states have special rules for child sexual abuse cases that extend or toll the statute of limitations. Some states allow lawsuits to be filed years or even decades after the abuse occurred, especially if the abuse was not discovered or reported until later.

An experienced attorney can advise you on the specific deadlines that apply to your case and ensure all claims are filed in a timely manner.

Class Actions vs. Individual Lawsuits

Some Roblox exploitation cases may be filed as class actions, where multiple victims join together in a single lawsuit. Other cases may proceed as individual lawsuits.

Both approaches have advantages and disadvantages. Class actions can be more efficient and may have greater leverage against large corporations. However, individual lawsuits may allow for more personalized attention and potentially higher compensation for individual victims.

Your attorney can explain which approach is best for your specific situation and help you understand the implications of each option.

Working with an Attorney

Having experienced legal representation is essential for navigating the complex legal process and maximizing your chances of success.

Finding the Right Attorney

Look for attorneys who have experience with:

Child sexual exploitation cases Mass tort litigation Platform liability cases Cases against large technology companies

Many attorneys who handle these cases work on a contingency fee basis, meaning they only receive payment if your case is successful. This ensures that families have access to legal representation regardless of their financial situation.

Attorney-Client Relationship

Your relationship with your attorney is confidential and protected by attorney-client privilege. You can share all information about your case without fear that it will be disclosed to others.

Your attorney will keep you informed about developments in your case and will seek your input on important decisions. However, your attorney will also provide professional guidance based on their experience and knowledge of the law.

Criminal vs. Civil Cases

It is important to understand that criminal and civil cases proceed independently and serve different purposes.

Criminal cases are controlled by prosecutors and focus on punishing offenders. Civil cases are controlled by victims and focus on obtaining compensation. Both types of cases can proceed simultaneously, and the outcome of one does not necessarily affect the outcome of the other.

Even if a criminal case results in a conviction, you may still pursue a civil lawsuit. Conversely, even if a criminal case does not result in charges or a conviction, you may still have a viable civil case, as the standards of proof are different.