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Sexual Abuse Legal News & Updates

Binding Arbitration: How the Trump Administration’s New Laws Affect Your Loved Ones
The concern over last year's new rule regarding binding arbitration is still very much a topic of discussion; particularly for those with loved ones in long-term care facilities. TIME magazine tells the story of an 87-year-old woman with dementia who was sexually abused during her stay at a nursing home near Birmingham, Alabama. After a criminal investigation failed to produce enough evidence to identify a suspect in the alleged attack, the woman’s family tried to file a civil suit against the nursing home, alleging everything from negligence to outrageous conduct. They
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Can I File a Civil Suit for Sexual Abuse If the Criminal Case Is Still Pending?
As a survivor of sexual abuse, there are several paths you may choose to take in your pursuit of justice and healing. One path might be to file a civil proceeding and another could be to press criminal charges. Thankfully, you don’t have to choose one over the other. You can press criminal charges and file a civil proceeding for the same crime—either separately or simultaneously. Here you’ll learn about the differences between civil proceedings and criminal cases; the advantages of timing your legal actions in different ways; reasons why
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statutory rape statute of limitation California
This post was written before the passage of AB-218. For information regarding the statute of limitations for filing a civil lawsuit for childhood sexual assault/abuse, click here or contact our team of experienced representatives. For many survivors of sexual abuse, it can take years to summon the courage to come forward against their abusers, let alone take steps to bring a civil case against them in court. In that regard, time limits for bringing legal action against these types of incidents seem cruel. The statute of limitations is a deadline
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Sexual Assault and Non-Disclosure Agreements: 4 Ways an NDA Can Actually Help Your Case
An investigation by The New York Times found previously undisclosed sexual abuse allegations against Hollywood producer Harvey Weinstein that stretched over nearly three decades. How was it that he was able to continue this behavior for so long? The Times also reported that Weinstein’s employees had been required to sign contracts promising not to make statements that could harm the reputation of the firm or its top executives. In theory, that would mean women who were being sexually abused were prohibited from speaking out against their abuser. “There’s a lot
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Is Sexual Harassment Considered a Personal Injury?
If you've been a victim of sexual harassment, you may be wondering what kind of attorney can help you obtain justice. In your research, you may have found that personal injury attorneys deal primarily with physical injuries and the costs of medical treatment. But is sexual harassment considered a personal injury? Is there another type of attorney better qualified to help with the complexities of sexual harassment law? Is Sexual Harassment a Personal Injury? Personal injury is a legal term for an injury to the body as opposed to property
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What Kind of Attorney Do I Need to Sue a School in California?
Suing a school in California has its own set of complexities, but choosing the right attorney shouldn’t be one of them. When choosing an attorney for your case, you not only want someone who is experienced and understands the laws, but someone who is also compassionate to your suffering and prepared to take your case to court if necessary. The right attorney will consider your recovery while simultaneously advancing your civil claims in the strongest manner possible. That attorney’s law firm will have the necessary personnel and upfront resources to
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What if the District Attorney Rejects My Sexual Assault Case?
This post was written before the passage of AB-218. For information regarding the statute of limitations for filing a civil lawsuit for childhood sexual assault/abuse, click here or contact our team of experienced representatives.   It can feel terrible when the District Attorney dismisses your sexual assault case. One study found that only 17% of cases were accepted by the LA District Attorney. National research conducted by the University of Kentucky’s Center for Research on Violence Against Women came to similar conclusions—that anywhere from 14 to 18 percent of sexual
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What Can I Do If My Church Hired Someone on Megan's List?
A 2010 Christian Today International survey of more than 3,000 church members found that 20% of leaders knew of at least one convicted sex offender attending their church. Eighty-percent of survey respondents said that sex offenders who have legally paid for their crime should be welcomed into churches. While it is true pastors and church leaders have the responsibility of extending grace to those who need it most, they also have a responsibility to shepherd flocks with wisdom, to protect the congregation, and to restrain evil. Church leaders can take
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What to Expect When Working with a Civil Attorney for a Sexual Abuse Case in California
Deciding to speak to someone about what happened is a brave, bold move toward healing. It involves an emotional rollercoaster ride of coming to grips with the full scope of what you or your child experienced—perhaps for the first time. While difficult, seeking reparations and justice can provide you with a voice and an opportunity to stop dangerous individuals and institutions from inflicting harm upon others. Filing a civil lawsuit is a complicated process, and working with an attorney can ensure that you present the best case possible. While finding
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How to File a Civil Suit Against Someone on the Boy Scout's Ineligible Volunteer List
Prior to 1994, there was knowledge of at least 2,000 instances of sexual abuse within the Boy Scouts of America. Most of the allegations were kept under wraps until 2010 in the Boy Scouts “perversion files lawsuit,” when the Oregon Supreme Court ordered the release of more than 14,500 pages of secret internal documents that would expose child sex abuse dating back to at least 1965, though unreleased documents are said to stretch back to the 1920s. The files illuminated a number of cases where abusers continued to have access
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How to Sue a School District in California for Sexual Abuse
As parents, we place a lot of trust in our schools to provide supervision in our stead. Child abusers are naturally attracted to positions of trust and power where they have access to minors, like in the classroom. Many of these abusers should trigger red flags warnings—but don’t. All too often, educators fail to follow protocol—and even turn a blind eye to abuse that is happening beneath their noses—because they don’t want to believe that these horrors could take place in their school. If sexual abuse has personally affected your
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Is California Senate Bill 813 Retroactive? Understanding the Statute of Limitations
This post was written before the passage of AB-218. For information regarding the statute of limitations for filing a civil lawsuit for childhood sexual assault/abuse, click here or contact our team of experienced representatives.   About half of all states still impose a time limit for pressing charges and filing civil lawsuits for sex crimes. Victims have anywhere from one year (in Washington), all the way to 30 years (in Louisiana) to file a legal complaint. Here in California—fueled by a whirlwind of Bill Cosby rape allegations, #MeToo activism, and
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