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Sexual Abuse Legal News & Updates

pressured into sex
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.   One in 16 U.S. women (3.3 million) report “rape” as their first sexual encounter. Not always do these cases involve attacks from strangers. Rather, these incidents sometimes involve someone known by the victim—someone who can pressure them into having sex.  By law, rape is defined as an act of sexual intercourse accomplished with a person
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when is it considered sexual assault
Sexual assault is typically thought of as an act committed by a stranger—sudden, forced, and oftentimes violent. However, these scenarios account for less than 20% of adult sexual assaults and less than 7% of child sexual assaults. Far more commonly, the victim knew the perpetrator, perhaps even romantically involved, leaving one to wonder, “when is it considered sexual assault?”  In this article, we will discuss the signs of sexual assault and what to do if you are a victim.  When Is It Considered Sexual Assault? In California, sexual assault falls
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what is sexual bullying
Sexual harassment and sexual bullying are very similar but may differ for legal reasons. While laws may refer to actions as “sexual harassment,” many school documents call it “bullying.” During the 2016-2017 school year, there were more than 10,000 sexual harassment offenses, as defined by California education code that resulted in suspension, expulsion or disciplinary diversion within school districts across the state. While most behaviors can be considered both sexual bullying and sexual harassment—it can be confusing—leading teens to wonder “what is sexual bullying?”  In this article, we will discuss
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how to cope with sexual abuse
When understanding how to cope with sexual abuse, one must understand that what happened is not something they have to get over. In truth, there are no surefire ways to help someone overcome the pain they may be experiencing after surviving an act of sexual violence. But, that doesn’t mean one can’t work toward recovery. There are many ways survivors may choose to cope with sexual abuse; unfortunately, not all methods are healthy. Here we offer eight tips to point survivors in the direction to seek the help they need
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California Senate Bill 22
When someone seeks medical attention after being sexually assaulted, it is recommended that they undergo a sexual assault forensic exam to preserve any DNA evidence that can be useful in reporting the incident. Rape victims aren’t required to report the incident to have an exam, but the process gives them the chance to safely store evidence in a collection kit, also known as a rape kit, should they decide to report at a later time.  A processed rape kit could be a powerful tool in bringing a perpetrator of rape
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how sexual abuse can affect you
Childhood experiences, good and bad, play a major role in shaping our long-term health and mental well-being. When a person experiences sexual abuse in childhood, there may be effects that can last a lifetime. Some adult survivors experience few mental health problems, while others experience a number of adverse effects. Many people with past histories of childhood sexual violence suffer silently, with cases unreported and perpetrators unpunished. If you’re a survivor of sexual abuse, you may be wondering how sexual abuse can affect you.  How Sexual Abuse Can Affect You
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passing the trash
A 2015 case study estimated that 10% of K-12 students will experience sexual misconduct by a school employee by the time they graduate from high school. Of those students who experience sexual misconduct, many of them will decide not to come forward about the incidents for various reasons. When victims of sexual abuse or assault suffer in silence, it makes it easier for the abuser to continue inappropriate behavior.  School officials have a legal duty of care to protect each student but unfortunately, some districts have been accused of “passing
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signs of sexual abuse later in life
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.   In 1990, California’s Code of Civil Procedure 340.1 liberalized the statute of limitations in childhood sexual abuse cases. According to the revised statute, childhood sexual abuse victims would have eight years from obtaining the age of majority (age 26) or three years following “the discovery of harm” to file a legal complaint in civil court.
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affirmative consent California
In 2014, California became the first state to enact a “Yes Means Yes” law on college campuses to improve how universities handle rape and sexual assault accusations and to clarify the standards, requiring an "affirmative consent" and stating that consent can't be given if someone is asleep or incapacitated by drugs or alcohol. This law of good intentions has achieved a lot in the minds of sexual assault survivors, but the Bureau of Justice Statistics found the rates of sexual violence “experienced no significant change” from 2006 to 2015. As
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student teacher relationship laws
California teachers owe a special “duty of care” to their students as designated childcare custodians who act in loco parentis—in place of the parents. They not only instruct their pupils but supervise their daily activities and pledge to keep them free from harm. A sexual relationship with a student could prevent a teacher from carrying out their legal duties to protect students from sexual abuse. When it comes to children under age 18, the law and court opinion are unambiguous: minors cannot give consent to sexual conduct, and any such
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survivors of sexual violence
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.   The Centers for Disease Control and Prevention defines sexual violence as “sexual activity when consent is not obtained or not freely given.” Survivors of sexual violence typically experience adverse effects that may lead to a host of reactions. Here, we discuss four common stages of reaction to sexual violence and how survivors can obtain guidance
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sexual abuse of migrant children
By the end of 2018, more than 14,000 unaccompanied alien children (UAC) were in the care of the U.S. Department of Health and Human Services (HHS). As of August 25, 2019, that number had decreased to approximately 7,000 UAC in HHS care.  Many of these children were apprehended by immigration authorities for illegally crossing the United States border. When this happens, the UAC is placed in the custody of the Office of Refugee Resettlement (ORR), a United States government program, where they are housed in a shelter or foster care
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