21-01-2020
The Child Abuse and Neglect Reporting Act (CANRA) passed in California in 1980, ushering in a new era of accountability and child sexual abuse prevention. The list of mandated reporters includes teachers, school administrators, daycare workers, camp counselors, foster parents, social workers, firefighters, medical professionals, clergy, and many others legally obligated to protect children in their care. These mandatory reporters are tasked with responding to disclosures of sexual violence in a way that prevents further harm. Failure to do so may result in a fine or criminal punishment. Responding to
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16-01-2020
Adults who were molested as a child often carry the pain of the abuse they suffered well into adulthood. While many survivors may go on to lead successful lives, there are some who are left dealing with the emotional pain and suffering related to the abuse, affecting employment, relationships, and health. And, just like there are ways to cope with the abuse, there are also ways to seek justice, even if the abuse happened years ago. Previously, survivors were required to come forward with claims of sexual abuse within eight
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14-01-2020
The recent spotlight on childhood sexual abuse has largely centered on the Catholic Church. This year, the Catholic Church spent more than $300 million on sex abuse allegation-related costs and it is estimated they will spend another $4 billion by the end of 2020. Though it hasn’t been as widely publicized, the Jehovah’s Witnesses, a Christian sect with more than 8.5 million members worldwide, has been similarly accused of covering up sexual abuse. A series of local court cases have begun to crack open a document detailing more than two
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09-01-2020
California is one of 15 states enacting legislation making it easier to sue for sexual assault pain and suffering, even if the incidents took place in the victim’s childhood. The recent passage of Assembly Bill 218 (AB 218) extends the deadlines for filing a civil lawsuit for childhood sexual assault. If you believe the emotional pain and suffering you’ve endured is related to past sexual assault, you may be able to file a civil lawsuit to recover compensation. Types of Pain and Suffering “Pain and suffering” is a category of
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07-01-2020
When parents send their children to school, they trust that the administrators and staff will uphold their duty of care for students. Unfortunately, that isn’t always true when incidents of teacher sexual misconduct occur. In 2018, the California Commission on Teacher Credentialing received 5,895 teacher misconduct cases; 331 of those cases were child sex-related. There is no such thing as an “acceptable” teacher-student sexual relationship. In the state of California, individuals aged 17 or younger in California are not legally able to consent to sexual activity, and such activity may
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03-01-2020
Israel Trevino worked at the Central California Women’s Facility as a correctional officer for a decade before he was fired in 2018 for groping and sexually harassing inmates. His case was never remanded to the District Attorney’s office for criminal charges, but the California Department of Corrections and Rehabilitation (CDCR) launched an internal investigation that revealed the truth about sexual abuse in prison. It was discovered that six correctional officers had been fired from the facility for groping, oral sex, intercourse, and sexual exploitation of inmates. Inmates say they sometimes
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17-12-2019
For many parents, the YMCA is a popular before- and after-school child care option. These parents entrust the administrators, staff, and volunteers to adhere to the highest standards when it comes to hiring, training, and supervision. When these standards aren’t met, it leaves room for a child to be placed in dangerous situations such as those involving sexual assault. This article discusses the issue of YMCA sexual assault, the organization’s policies, and how to seek legal recourse. Incidents of Sexual Assault at YMCAs In September 2019, the mother of a
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12-12-2019
Oftentimes, survivors of sexual abuse choose not to come forward immediately—or even at all—about what happened to them. In many cases, this is due to their fear of what may happen if they speak out. In other cases, survivors of sexual abuse may suffer from psychological conditions, such as Child Sexual Abuse Accommodation Syndrome (CSAAS), that cause them to react in a way that allows the abuse to continue. Understanding Child Sexual Abuse Accommodation Syndrome CSAAS was first proposed by psychiatrist Roland Summit, M. D. in 1983 as a way
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10-12-2019
Due to the complexities of sexual assault laws in California, you may be wondering when can you sue? Sexual assault laws can be confusing, particularly if you’re trying to figure out whether your case falls within the accepted filing deadline, otherwise known as the statute of limitations. Survivors of sexual assault don’t always come forward within the filing deadline, causing their claim to become time-barred or expire. For survivors, these deadlines can feel cruel because, of course, there is no limitation on the length of time you may suffer the
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21-11-2019
The passage of AB 218 is bringing a landslide of important changes for survivors of childhood sexual assault. Most significantly, it allows survivors to file a civil lawsuit between January 2020 and January 2023 seeking monetary damages for childhood sexual assault, regardless of when the assault took place. Anyone who has been sexually assaulted in the past can come forward to sue, whether the defendant is a public or private entity or an individual. The typical deadline (until age 26 or within three years of the discovery of harm) does
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19-11-2019
Historically, suing California government entities (such as a public school district) has been difficult. Under the California Tort Claims Act (CTCA), one had to first file an administrative claim for their personal injury with the government office or agency within six months of the date of injury. The law was designed to provide publicly-funded entities with the opportunity to consider a remedy before defending a lawsuit in court. The government then had 45 days to respond to the claim. If the claim was granted, a settlement could be offered right
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14-11-2019
The University of Southern California (USC) has received much attention in the past few months regarding allegations of sexual misconduct. In April, students held a sit-in protest of USC’s “unsatisfactory” response to sexual misconduct allegations against former physicians George Tyndall and Dennis Kelly. Hosted by the Trojan Advocates for Political Progress, the sit-in rallied against the school’s efforts to lobby against Assembly Bill 1510 (AB 1510), a bill that would allow survivors to file actions against private universities under a statute of limitations extension. California Governor Gavin Newsom signed AB
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