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Those in media and news have been in the spotlight lately for sexual assault claims but other industries lead in the number of assault charges filed. More than a third of people sexually assaulted on the job work in accommodation and food services, retail, and health care. It may not be a manager, owner, or coworker perpetrating the abuse, but a customer who, in these cases, is not “always right.”

Continue reading to learn more about how to confront a customer in the workplace, what happens if you call the police, what liability your employer has in protecting you from assault, and how a civil attorney can help.

Dealing With Customer Sexual Assault

If a customer is making you feel uncomfortable, you have the right to let them know and refuse them service. As one menswear store employee told CNN: “You are put in a position with people interacting with you that’s beyond customer service, beyond professional, in a place where you’re getting paid to be nice to people. So I do feel like there are people that understand this and then take advantage. They walk into stores knowing that these young girls are required to talk to them and then they take advantage of that.” If you’re caught off-guard, you may smile, laugh, and try to brush it off with a joke. Yet, these responses can send mixed messages to an abuser.

Instead, make eye contact and speak up without fear of being too blunt or rude. Tell the customer to “stop” and say it loud enough for other witnesses to hear. Tell the customer their words or actions are making you feel uncomfortable. Do not apologize or make excuses. Keep record of what you experienced—including date, time, place, comments or actions, how you responded, and how the assaulting customer responded. Write down details about possible eyewitnesses who can help corroborate your story. Jot down notes about who you told at your company, when you told them, and what actions (if any) were taken.  

Report Sexual Assault to the Police

Don’t hesitate to report sexual assault to the police. A perpetrator who gets away with a smaller offense may decide to commit an even larger one. Some offenders may stalk their victims on social media after the fact, so don’t hesitate to contact the authorities if you feel you are in danger. Typically, the police will conduct a routine investigation to determine whether your case requires further action. In cases of repeat offenses, they may wish to set up a sting operation to catch the perpetrator in the act. If the perpetrator is already known, they may have enough to issue a warrant for arrest. Severe cases of sexual assault may result in pressing criminal charges, where the District Attorney pursues the matter in criminal court. Abusers can be ordered to pay fines to the State of California or serve a prison sentence. They may also be placed on probation or put on a sex offender registry.

Employers Can Be Held Liable If You Were Sexually Assaulted at Work by a Customer

Your employer is legally required to protect all employees from sexual assault in the workplace. Immediately tell a supervisor or HR about an incident, whether it constitutes as physical sexual assault or verbal sexual assault. The federal Equal Employment Opportunity Commission (EEOC) explains that it is unlawful to harass a person based on sex. Harassment includes “unwelcome sexual advances, requests for sexual favors, and verbal or physical harassment of a sexual nature.”

While the law doesn’t prohibit teasing, jokes, innuendoes, sexist slurs, name-calling, condescension, or insults, these offenses can be addressed in a legal complaint when they are so frequent or so severe they “cause a hostile work environment,” or when they result in an adverse employment decision like the victim being demoted or fired.

Further, the Fair Employment and Housing Act (Gov. Code 12940) states: “An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees, applicants, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action.”

Reporting Sexual Assault to Your Employer

Sexual abuse prevention can be a challenge for employers, particularly when the abuser who commits an offense swiftly leaves. In California, employers with at least 50 staff members must provide sexual harassment prevention training.

Though employers can’t fire, train, or discipline a non-employee, there are plenty of other steps to prevent harm. One proactive restaurant in Oakland adopted a discreet color-coded system to help employees report sexual assault in-the-moment and direct immediate managerial responses. At the very least, upon receiving your complaint, you can expect your employer to: assign someone else to take care of problematic customers, transfer you to a different location, assign a supervisor to work alongside you, speak personally with the customer about ceasing the behavior, or terminate the business relationship if the abuser refuses to comply.

From a legal perspective, it’s the company’s responsibility to protect you from harm. If you are unsatisfied with your employer’s response, you can file a claim with the EEOC or the California Department of Fair Employment and Housing and meet with an experienced attorney. It can be nerve-racking to file a claim against your employer, especially if you can’t afford to lose your job. But the law protects you from unlawful termination.

Bay Area Sexual Abuse Attorneys Can Help

If you’ve been sexually assaulted at work by a customer, seeking litigation doesn’t have to be a task you take on alone. If your employer knew about the assault and failed to properly handle the situation, or if your employer failed to protect you and provide you with a safe work environment, they can be held liable in civil court. Working with an experienced sexual abuse attorney can provide you with the justice you deserve.  

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

The State of California provides workers with the right to a non-hostile work environment. By law, employers must create a written policy regarding sexual abuse in the workplace and investigate all complaints. They have an obligation to provide diligent hiring, supervision, and training to prevent sexual abuse on their watch.

When employers fail to protect their workers from sexual abuse in the workplace or even aid and abet known abusers, an experienced attorney will fight to make sure all guilty parties are held accountable.

What Does the Law Say About Sexual Abuse in the Workplace?

Sexual abuse in the workplace is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. According to the Act, “harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action.” Additionally, an employer may also be responsible for the acts of nonemployees, with respect to harassment of employees or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action.

California law prohibits:

• Indecent Propositions: Offering rewards for sexual favors or pressuring a worker to go along with sexual behavior in order to keep a job or receive a promotion.
• Indecent Exposure: Exposing themselves and sharing pornographic images, videos, or materials in the workplace is inappropriate.
• Unequal Treatment: Favoritism based on sexual activity or punishment for those who refuse constitutes sex-based discrimination.  
• Persistent Leering: Inappropriate staring in a workplace can also be deemed sexual misconduct, particularly when it has been happening for a long duration of time.

Who Is Responsible For Sexual Abuse in the Workplace?

The bottom line is this: Employers are responsible for ensuring a harassment-free environment for all workers. There should be zero tolerance for offenders and serial harassers, whether it be perpetrated by a contractor, intern, job applicant, employee, manager, vendor, or customer.

Employers can be held liable for sexual abuse if:

• They knew or should have known about abuse taking place in the workplace
• They did not reasonably try to prevent or correct the harassing behavior
• The harassment resulted in the victim’s termination, failure to promote, or loss of wages

It is reasonable to expect employers to reprimand (verbally or in writing), suspend, monitor, transfer, train, counsel, or even terminate the accused offender. Alleged victims should be allowed to take additional leave, receive compensation for losses, be treated with respect and discretion, and be protected from retaliation.

Did Your Employer’s Negligence Allow Sexual Abuse?

Negligence is a common cause for tort. Plaintiffs can hold an employer liable for the following acts of negligence:

• Negligent Hiring: It is reasonable to expect an employer to perform a routine background check prior to hiring someone. Employees with a record for sexual harassment, domestic violence against, public perversions, or other crimes may pose a threat to the work environment. Individuals with criminal records are protected to some extent in their rights to seek gainful employment, but it really depends upon the circumstances of the current crime and the offender’s past criminal history.
• Negligent Supervision: Companies can be held liable when supervisors fail to effectively monitor the actions of employees under their jurisdiction. Particularly when the employer or supervisor is aware of misconduct, their vigilance is expected.
• Negligent Retention: Once an employer becomes aware that an employee may pose a threat to others or is abusing a position of authority, the company is legally obligated to take corrective measures. Employers should reasonably investigate all sex abuse claims, send the employee to training or counseling, suspend the employee without pay, or terminate.

Why You Should File a Civil Lawsuit

There are many benefits to filing a civil lawsuit for sexual abuse in the workplace:

Lower standard of evidence: Criminal charges must be proven “beyond a reasonable doubt.” The jury should presume the accused “innocent until proven guilty.” Based on the facts presented, jurors must be certain that there is no other logical explanation except that the defendant committed the crime. On the other hand, civil lawsuits are based on “a preponderance of the evidence.” Jurors must believe that the plaintiff’s version of the truth is 51% or more likely to have happened as described. This lower standard of evidence means that civil lawsuits can succeed even after criminal charges have failed.

Goal: The goal of a criminal lawsuit is to determine the guilt or innocence of the accused and punish those guilty of wrongdoing. While it can be satisfying to see an abusive boss or coworker put behind bars, the sentencing does not provide any assurance to the victims that they will be taken care of in the future. They may still suffer medical expenses, therapy bills, or lost wages. Sometimes the abusers receive a surprisingly mild sentence. The financial punishment waged by a civil lawsuit can assist in personal damages that arise as a result of the abuse.

Admission of guilt: The goal of criminal court is the admission of guilt or innocence. In civil court, the defendant’s “guilt” does not matter. The central question is: who is liable or legally responsible for the hardship you suffered. Whose negligent actions contributed to what happened? For many survivors of sexual abuse, betrayals from those who turned a blind eye, ignored what was going on, or refused to believe the abuse was happening can be one of the most painful and damaging aspects.

Third party liability: It is rare to see anyone other than the accused abuser charged in criminal court. By contrast, a number of third parties can be prosecuted in civil lawsuits—the company you work for, the hiring firm, administrators who ignored your complaints, coworkers who knew something was amiss but failed to act. Insurance providers used by corporations generally have much deeper pockets than individuals, so there’s a better chance of being awarded greater compensation.

 Financial compensation: Criminal cases may result in fines paid to the State of California. However, that does not provide for your wellbeing. Civil sexual abuse cases can result in thousands, if not millions, of dollars paid to you for past, present, and future medical bills (and therapy sessions); lost wages and earning capacity; emotional pain and suffering; and loss of consortium, companionship, or support.

Along with a lawsuit, you may consider filing a formal complaint with the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission.

Work With an Experienced Sexual Abuse Attorney

Fighting against sexual abuse in the workplace doesn’t have to be a task you take on alone. Having an attorney file the complaint can be much more powerful than going to HR yourself. You don’t even necessarily have to face your superiors.

Beyond compensation, the best sexual abuse attorneys in California focus on stopping the cycle of abuse at the individual and institutional level. A successful resolution, in any case, sends the message that sexual abuse can not—and will not—be tolerated in our society.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

Staff members at summer camps hold a legal responsibility to act in loco parentis—in place of parents—to safeguard those entrusted into their care. Camp owners and administrators possess a legal duty of care to hire staff members with clean records; to train and supervise staff members in recognizing and preventing sexual abuse; to limit one-on-one opportunities between campers and staff members; and to provide a safe environment that protects patrons from danger or abuse.

When a child is sexually abused while in the care of staff members at a summer camp, that trust is violated. If you are wondering what to do if your child was sexually abused at summer camp, the following will offer information regarding taking legal action and pursuing civil litigation.    

An experienced California sexual abuse attorney will provide you with answers as well as help you determine who’s legally responsible. In some cases, in addition to the actual perpetrator of abuse, the organization can be held responsible; especially if they turned a blind eye or failed to properly handle the situation.  

How Prevalent Is Sexual Abuse at Summer Camps?

Summer camps are designed to be a place for learning, play, sports, enrichment, and fun. Yet, in some cases, they provide an opportunity for sexual abusers to gain trust and access to children. While there are no exact figures on how many instances of sexual abuse occur at California camps, about 30% of sexual assaults on children are committed by surrogate “caregivers”—including babysitters, teachers, church ministers, scout groups, and camp counselors.

Recent stories in the news confirm these findings:

• In San Jose, a Walden West camp lifeguard was arrested and convicted of child molestation after being found in his car with a teen he met online. After serving eight months in jail, the perpetrator went back to jail after being found committing the same offense, violating his probation. In 2012, he was convicted of molesting a young relative between 2001-2005. Since the arrests did not involve a camper directly, no notification was sent to parents. The camp’s blind eye to the lifeguard’s misconduct only came to light after another worker at the camp was charged in possession of child pornography and later with child molestation after being the target of a federal probe.
• A 19-year-old after-school coach and camp worker in San Mateo County pleaded no contest to the molestation of four children under the age of six. He agreed to a three-year prison term and registration as a sex offender.
• In 2016, a San Francisco YMCA counselor who sexually abused three teenage girls during field trips, was caught in possession of child pornography, and reportedly sent sexually explicit material to kids through social media.
• The owner of a popular Seal Beach sports camp and former high school basketball coach was charged with nine felony counts of lewd acts upon a child under 14, seven felony counts of lewd acts upon a child age 14 or 15, one felony count of sodomy with a minor, and one felony count of displaying pornography to a minor. The Long Beach school, which employed him at their after-school program 10 years ago, was found liable for $25.3 million in damages paid to one victim, when a jury determined the school failed to act on suspected sexual abuse.

The betrayal from a person of respect, trust, and authority can be confusing and overwhelming for a child to process until years later. Through civil litigation, your child may be eligible to receive compensation to cover past, present, and future medical expenses (including psychological counseling), and additional allowances for undue emotional pain and suffering.    

What to Do If My Child Was Sexually Abused at Summer Camp?

Step 1: Seek Help for Your Child (and Yourself)

A doctor is an important first stop for a medical examination and a referral to pediatric mental health counselors. You can also contact the National Sexual Abuse Hotline at 800-656-HOPE(4673) to learn which local resources are available to your child. Sexual abuse counselors say it’s most important that your child knows you love them and that what happened to them is not their fault.

Keep a cadre of loved ones close, set aside time for pursuits that do not revolve around dealing with the abuse, eat healthy, exercise, and consult with a mental health counselor one-on-one. There is no “right” way to react. Taking care of yourself helps maintain a healthy healing environment for your child.

Step 2: Report the Crime to the Authorities

As soon as you can, file a police report. The National Child Abuse Hotline has volunteers trained to coach you through properly reporting a case of sexual abuse. Once a formal complaint has been filed, the police department will conduct a criminal investigation. It is customary for officials to remain silent about the proceedings until the assessment has wrapped up, but you will know when to expect a response and where to turn for counseling services at the very least.

Once the allegations are confirmed, it is up to the district attorney to decide whether or not to press criminal charges against the perpetrator. The goal of pressing criminal charges is to determine whether or not the accused is guilty of crimes against the State of California. Abusers may be sentenced to time in prison, ordered to pay fines to the state, put on probation, and/or placed on a sex offender registry. Pressing criminal charges isn’t your only option. While the abuser is tried in criminal court, you can also pursue civil litigation.   

Step 3: File a Civil Lawsuit

Regardless of how the criminal case against the perpetrator turns out, you also have the option to file a civil lawsuit on your child’s behalf for compensation to cover medical bills, counseling expenses, and emotional pain and suffering related to the abuse.

The list of defendants in civil sexual abuse lawsuits can go well beyond the perpetrator of the abuse. Molestation is often aided and abetted by institutions—such as summer camps—who turn a blind eye to complaints of inappropriate conduct. While the ultimate objective of any civil lawsuit is financial compensation, many find that holding institutions accountable for wrongdoing is a key step in the healing process as well.

In addition to suing the individual perpetrator, you may also file a lawsuit against:

• The camp owners and administrators
• Staff members who knew or should have known about the abuse and did nothing
• The summer camp’s state licensing agency

An experienced civil attorney will build a case that these entities owe a “duty of care” to parents of children who attend a summer camp. All camp attendees have the right to safety, including sufficient supervision and protection from abuse.

Who Can Be Held Liable in Civil Lawsuits Against a Summer Camp?

• Adult Abusers: When a camp counselor or staff member violates a child, you may hold that person liable for damages in civil court. Your recovery will be limited to what the perpetrator can afford. California allows wage garnishment to cover civil lawsuit damages up to 25% per paycheck.
• Camp Owners, Administrators, Insurers, and Coworkers: Camps carry liability insurance to cover incidents that occur on their watch, including accidents, corporal punishment, sexual abuse, molestation, abduction, and other crimes. Anyone working at the camp and possessing knowledge of child abuse is required by law to report what they know to the proper authorities. Failure to do so can result in civil court liability.
• Minors: More than 25% of all sexual abuse crimes involves child-on-child offenses, according to the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP). The State of California does not initiate criminal proceedings of children under age 14. Adjudicated minors may receive informal punishment ranging from probation to commitment into the custody of the California Department of Corrections and Rehabilitation Juvenile Justice Division. Depending on the severity of the crime, minors over age 14 may be tried as adults. Minors can be sued in civil court, though it is unlikely that a minor will have the necessary funds to compensate for damages they have caused. In most cases, the parents are not held liable for the actions of their children, unless gross negligence can be proven. For this reason, third parties are usually brought into the suit.
• Other Third Parties: Sometimes your civil lawsuit can extend one step further. If the camp was run by a school, then the school district may be deemed liable. When camps are sponsored by churches, dioceses can be held accountable. Camps run by sports organizations may result in their liability.

Obtain a Recovery With the Help of an Experienced Attorney

Parents entrust camp counselors and organizations with the safety of their children. When this trust is violated, the ramifications can have devastating effects for the abused that last a lifetime. Working with a California attorney who specializes in sexual abuse cases is about more than legal advice and paperwork. Lawyers can also point you in the right direction for seeking medical attention, connecting with crisis social workers and counselors, dealing with insurance issues, and getting your life back in the wake of disturbing events that were beyond your control.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

Survivors of sexual abuse typically deal with the effects for many years after the abuse has ended. Sexual abusers come from all walks of life and most hold positions of authority and trust such as coaches, caregivers, and medical professionals. Instances of doctor sexual abuse often go unreported for years but that doesn’t mean survivors can’t seek litigation against a doctor for sexually abusing them.

In complex cases, such as those involving doctor sexual abuse, it is important to have an experienced attorney who is willing to fight to obtain justice on your behalf. As you decide whether to meet with a legal professional to discuss your case, you’ll learn more from this article about how abuse manifests later in life, who you can sue for sexual abuse, the statute of limitations for suing for sexual abuse in California, and the differences in civil and criminal court proceedings.

Doctor Sexual Abuse Can Lead to Damage Years Later

In a study, researchers from the University of Southern California and the Cincinnati Children’s Hospital Medical Center found that during their childhood, survivors of sexual abuse measured higher levels of cortisol “stress” hormone than their peers. This imbalanced brain chemical profile put them at greater risk for sexual, cognitive, mental, and physical impairments.

By age 15, testing revealed that cortisol levels had adjusted below normal. Lower levels of cortisol decrease the body’s ability to handle stress, and have been linked to conditions like depression, obesity, and post-traumatic stress disorder. In fact, the cortisol levels of some survivors were resemblant of a Vietnam veteran’s levels—meaning that these individuals are functioning in a chronic state of stress and anxiety. The cortisol levels remained low into the survivors’ twenties, suggesting that the stress response system was essentially “burned out,” which explains why some people may struggle with sleep issues, risky behaviors, and extreme disability.

Researchers added that the long-term effects of sexual abuse later in life were “absolutely profound,” but not necessarily irreversible. The degree of disability varied considerably, and some people were managing pretty well, considering what they went through.

The damages that result from sexual abuse are difficult to quantify. Such abuse can result in severe emotional trauma, that includes, among other things, depression, anxiety disorders, and PTSD. These emotional damages can also manifest many physical symptoms, including headaches, shortness of breath, chest pain, muscle aches, nausea, fatigue, insomnia, dizziness, changes in appetite, and lack of desire. Through civil litigation, you may be eligible to receive compensation to cover past, present, and future medical expenses (including psychological counseling), and additional allowances for undue emotional pain and suffering.

How Does the Statute of Limitations Affect My Case?

Section 340.1 of the Code of Civil Procedure sets the legal deadline for filing civil charges of child sex abuse to “within eight years of the date the plaintiff attains the age of majority (age 26) or within three years of the date the plaintiff discovers that psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later.” The civil code also provides for a delayed discovery period of three years. This means that your lawsuit will be timely if it is filed within three years after the date you discovered the connection between your suffered injuries and the abuse itself.

Latent and disruptive memories of the abuse may not emerge for decades. Further, the effects of belied trust can be extreme or it may be subtle. It’s normal to reach an eventual epiphany that your present adversity is, in fact, tied to an event that occurred in your childhood. If you’re suffering presently and you suddenly understand why, an experienced attorney will likely work with a mental health practitioner to help build a case for delayed discovery in civil court to extend the filing deadline. If you’re beyond the standard statute of limitations, it’s still worth contacting an attorney.

Who Is Liable for Doctor Sexual Abuse?

Civil lawsuits are unique in that they allow for the establishment of third-party liability. In civil cases, not only is the individual abuser held responsible, a larger entity—such as a medical office or hospital—can also be liable. For example, if the doctor who committed the abuse has a past history of crime, complaints of misconduct, a revoked license, or other red flags the medical office or hospital employing him should have known about, an attorney can work to discover if they turned a blind eye or failed to conduct a proper background check. Similarly, if medical administrators failed to act to prevent abuse from occurring or coworkers and other staff members failed in their mandatory duty to report known or suspected child abuse, they can also be held liable in civil court.    

Can I Also Press Criminal Charges?

You may opt to pursue civil litigation and press criminal charges against a doctor for sexual abuse. Prior to January 1, 2017, there was a 10-year statute of limitations on pursuing criminal charges for rape and child molestation. After the passage of SB 813, this deadline for pressing charges has now been lifted. Any abuse occurring after January 1, 2017 can be pursued at any point in the victim’s life. The idea is that the crimes of child molestation and rape are as serious as murder, which also carries no statute of limitations in California.

The goal of pressing criminal charges is to determine the guilt or innocence of the accused, putting abusers in jail and on the California sex offender registry. The court may impose fines paid to the state and probationary periods as additional punishments. You, personally, will not benefit from criminal proceedings, other than knowing that the perpetrator is off the streets.

Once you’ve filed a police report, it’s up to the district attorney to pursue the case. Don’t give up if criminal proceedings against a sexually abusive doctor don’t go as expected; it is still possible to win in civil court.

Let an Experienced Attorney Fight for You

If you’ve experienced doctor sexual abuse, it can be challenging to decide whether to press criminal charges, file a civil suit, or both. If you’ve already decided, there is still a legal maze of paperwork in figuring out how to file a civil lawsuit for sexual abuse in California. The aftermath of sexual abuse may take you through the full gamut of emotions—but you don’t have to go through it alone. Let an experienced attorney work to obtain a recovery on your behalf.

Beyond compensation, the best sexual abuse attorneys in California focus on stopping the cycle of abuse at the individual and institutional level. A successful resolution, in any case, sends the message that sexual abuse can not—and will not—be tolerated in our society.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

When you seek medical care from a doctor, dentist, surgeon, physical therapist, or psychiatrist, you place your trust in their hands. Sexual abuse by a medical professional is a serious violation of medical ethics and the law.

As the Medical Board of California puts it, “Physicians must be held to a higher standard than others, simply because of the very private nature of the doctor-patient relationship.” California courts, the Medical Board of California, and the American Medical Association have a “zero-tolerance” policy toward intimate or sexual relationships in the medical setting.

Official AMA policy holds that physicians must terminate the professional relationship if an intimate relationship develops. Physicians must not exploit the trust, knowledge, emotions, or influence of their professional relationship to make sexual advances on a patient.

If you have been the victim of sexual abuse by a medical professional, there is much you can do to seek justice, punish the wrongdoer, and prevent similar abuse from happening to others.

Standards That Medical Professional Should Uphold

Under the widely accepted Garman Guidelines, medical professionals are required to:

• Allow patients to disrobe and dress in private, offering cover gowns and drapes
• Have an office staff member in the room during breast and pelvic exams when possible
• Communicate with the patient about the methods and reasons for examinations
• Avoid flirtatious comments or behavior toward patients, no matter how “innocent”
• Ask for another person to review standard physical exam office procedures

In a medical setting, according to the Rape, Abuse & Incest National Network, you should expect to:

• End the exam at any time if you feel pain or emotional discomfort
• Ask to have a nurse, friend, or family member in the room with you
• Have a private exam room or drawn curtain, with a private place to change
• Only undress to your comfort, undressing the parts that require examination
• Ask for an examiner of a different gender if that makes you more comfortable
• Have questions about the exam protocol answered right away
• Continue to wear religious garments that do not interfere with your care
• Receive interpretation if the doctor speaks a different language than you

It is not acceptable for medical examiners to touch your private parts without gloves, decline your request to have someone else in the room with you, insist on undressing parts of your body not being examined, or ask you personal questions about your sexual activity.

What to Do If You Have Been Sexually Assaulted by a Doctor

Call local law enforcement. Filing a police report is the first step for many patients. If there is substantial evidence, the district attorney will decide whether or not to press criminal charges against the accused and take your criminal complaint to court. If convicted, your doctor can be fined, put in jail, put on probation, and/or placed on a sex offender registry.

Contact the medical facility. You may choose to inform the doctor’s office, hospital, or other facility that you experienced sexual abuse during routine care in hopes that disciplinary action will be taken to stop the cycle of abuse. If it’s happening to you, chances are it’s happening to others.

Contact the state medical licensing board. The state medical licensing board authorities may investigate the allegations against your doctor.

File a civil lawsuit. Civil lawsuits offer victims the opportunity to petition for financial compensation for harm suffered. This money can help you pay for past, present, and future medical bills, compensate for lost wages or reduced ability to earn, and provide additional money for the undue pain and suffering you have endured. Civil investigations often go beyond the individual abuser to hold third parties liable for turning a blind eye and failing to report suspected abuse to the proper authorities, as required by law.

Talk to a professional. It is also important that you seek care for yourself. Sometimes the effects of sexual abuse are not obvious or immediate. Call the National Sexual Assault Hotline at 800-656-HOPE(4673) to speak with a trained professional who can help you find counselors, medical providers, social workers, or other area resources to aid in your comprehensive care. If you’d rather chat online, you can visit www.online.rainn.org.

Recent Cases of Sexual Assault Involving California Doctors

If you’ve been sexually abused by your doctor, you are not alone. This past year, a number of sexual abuse cases stories involving California doctors have come to light. Here are a few:

• More than a dozen women came forward with complaints against an Orange County reality TV personality/orthopedic surgeon and his girlfriend. The pair were arrested on charges of rape by use of drugs, oral copulation by a controlled substance, and sexual assault. Hundreds of photographs and videos of the alleged abuse were discovered in a search of the doctor’s home. The investigation is still pending.
• A physician at the U.S. Department of Veterans Affairs was charged with four separate felony counts of sexual assault. A series of lawsuits against the doctor, the VA, and QTC Medical Services in Oceanside are pending in state and federal courts.
• In a lawsuit representing more than 50 plaintiffs, a former gynecologist at the University of Southern California’s Student Health Clinic is accused of sexual misconduct. Plaintiffs say USC ignored complaints about the doctor’s sexual misconduct for decades and took actions to conceal his actions. Complaints include a wide range of inappropriate behavior. The doctor was fired by the university in 2017, though school officials did not report his activities to law enforcement or state medical authorities.  
• A doctor at Huntington Memorial Hospital in Pasadena faces a slew of legal actions involving allegations of inappropriate sexual behavior—some dating back 20 years. Currently, the case involves three disciplinary proceedings, a civil lawsuit filed on behalf of two former patients, a federal class action lawsuit on behalf of three women, and an individual lawsuit claiming sexual battery during the birth of a child. Some of the plaintiffs also sued the hospital, alleging they covered up the doctor’s crimes to protect their reputation.
• A UCLA cardiologist was called “a sexual predator” by state regulators and “a risk of immediate and serious injury to the public” by an administrative law judge deemed him in lieu of three complaints by female colleagues. The colleagues suffered abuse when they encountered the doctor at the hospital or at medical conferences. They feared retaliation because the doctor’s brother was a USC faculty member and director of the cardiology fellowship program.

With cases like these coming to light, the State of California is working to end the secrecy of sexual misconduct by doctors.

With SB 1448, CA Leads the Nation in Ending Doctor Secrecy

SB 1448 is set to go into effect July 1, 2019. Under the new law, doctors who are disciplined for sexual misconduct with a patient, overprescribing, criminal convictions, or drug and alcohol use on the job must inform their patients. In the past, they were only required to tell their insurance companies and place of practice. The law aims to lift the veil of secrecy that prevents patients from knowing about doctors’ misconduct.

“It took the public outcry for accountability in the face of the USC and Olympic team doctor abuse scandals, and the #MeToo movement, to overcome years of intransigence from the doctors’ lobby that stood in the way of greater transparency,” said Carmen Balber, executive director of Consumer Watchdog.

While disciplinary actions are already public, the onus has been on patients to conduct their own research. Unbeknownst to many patients, the Medical Board of California has received 8,000 complaints in the last three years and places roughly 124 doctors on probation every year. According to Consumer Watchdog, studies by the California Research Bureau suggest that doctors accused of misconduct are 30 percent more likely to re-offend.

Let an Experienced Attorney Fight for You

If you were sexually assaulted by your doctor, it can be challenging to decide whether to press criminal charges, file a civil suit, or both. If you’ve already decided, there is still a legal maze of paperwork in figuring out how to file a civil lawsuit for sexual abuse in California. The aftermath of sexual abuse may take you through the full gamut of emotions—but you don’t have to go through it alone. Let an experienced attorney work to obtain a recovery on your behalf.

Beyond compensation, the best sexual abuse attorneys in California focus on stopping the cycle of abuse at the individual and institutional level. A successful resolution, in any case, sends the message that sexual abuse can not—and will not—be tolerated in our society.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

Foster care agencies are designed to be a safe haven for children who were otherwise abused, neglected, or abandoned. When a child is placed in foster care, they are placed in the care of trusted adults until they are either adopted or age out of the system. Though background checks are conducted and safeguards put in place, the system is not always perfect. Of the 60,000 minors placed into foster care in California from 2013 to 2015, there were 6,200 claims of abuse investigated by the state agency.

Often times, children are unable to comprehend what is happening when adult caregivers violate their trust, or they may fear reprisal if they speak up. Sexual abuse attorneys consult with adults who are looking to pursue justice for abuse suffered as children in the foster care system. Depending on your situation, liability may extend beyond the individual perpetrator to the agency entrusted with placement and supervision. If you or a loved one was sexually abused in foster care, you deserve to explore your legal options.

Pursuing Justice for Sexual Abuse in Foster Care

There are two ways to seek justice for sexual abuse that occurred while you were in foster care. First, you can contact your local District Attorney’s office to seek representation. Depending on the evidence, the perpetrator will be arrested on charges of sexual abuse, settlement talks or a trial by jury will ensue, and a successful resolution may mean the perpetrator is behind bars, fined by the state, sanctioned with probation or other limitations to freedom, given a criminal record, and placed on a sex offender registry.

Another option is to file a civil lawsuit with the help of a skilled sexual abuse attorney. If successful, you could receive financial compensation to cover past, present, and future medical expenses and therapies; past and future loss of income; and additional money for the emotional pain and suffering you’ve endured.

Who Can Be Held Liable for Sexual Abuse in Foster Care?

Another benefit to filing a civil lawsuit is that accountability extends beyond the actual perpetrator of abuse. In a criminal case, you can only press charges against the perpetrator for a violation of the California Welfare and Institutions Code § 16001.9, which states that children have a right to live in a “safe, healthy, and comfortable home where he or she is treated with respect” and “free from physical, sexual, emotional, or other abuse, or corporal punishment.”

In a civil lawsuit, multiple parties can be held liable, including the foster care agency. Lawsuits can be pursued under 42 U.S.C. Section 1983 for the deprivation of your rights. You must be able to prove the agency displayed a “deliberate indifference” to your risk of harm. You may have strong grounds to sue the foster care agency by demonstrating they failed to:

• Conduct a sufficient criminal background check prior to placement
• Adhere to company protocol for supervising placements
• Follow-up on known complaints or police reports
• Take protective action after learning of repeated violations
• Abide by state laws governing the welfare of foster children

Proving deliberate indifference is a fairly strict standard of liability, and certain defendants—notably foster care agency staff members and administrators—may try to claim discretionary immunity if the agency is run by a government program, arguing that they did what was legal or reasonable at the time. Working with an experienced team of attorneys will ensure that your case is fought with determination.

Can Adults Sue for Being Sexually Abused in Foster Care?

Child sexual abuse cases often take years to come to light. Regardless of the reasons for waiting to report sexual abuse that occurred while in foster care, California allows adult sexual abuse survivors the ability to sue.

The statute of limitations laws are complex, so it’s recommended that you speak with a qualified attorney in person to explore your options. Section 340.1 of the Civil Code sets the legal deadline for filing civil charges of child sex abuse to “within eight years of the date the plaintiff attains the age of majority (age 26) or within three years of the date the plaintiff discovers that psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later.” The civil code also provides for a delayed discovery period of three years. This means that your lawsuit will be timely if it is filed within three years after the date you discover the connection between your injuries and the abuse itself. There are other exceptions to the statute of limitations that may be available as well depending on the particular circumstances of your case.   

In one noteworthy case, an ex-foster child successfully sued his foster parent and his foster care agency for abuse endured over a five-year period in the 1990s. The foster parent had been allowed to take in multiple children, despite criminal records of child molestation, physical abuse, drug use, and drunk driving. He was convicted on nine counts of “lewd or lascivious acts on a child by force, violence, duress, menace, and fear” and given a 220-year prison sentence. The private foster care agency was deemed 75% liable for awarding the man a foster license without proper vetting and monitoring. In 2010, the 25-year-old plaintiff was awarded $30 million in damages.

Let an Experienced Attorney Fight for You

Here at Lewis & Llewellyn, we have a long track record of helping adult sexual abuse survivors overcome legal challenges and pursue compensation in civil court. In addition to providing assistance with civil lawsuits, we work closely with the District Attorney’s office and local law enforcement when you are simultaneously pursuing criminal charges.

As a firm, we have chosen to focus our litigation expertise on a cause that we each feel deeply connected to on a personal level—ending the epidemic of sexual abuse in America. By providing the same aggressive and exhaustive representation to sexual abuse survivors that we provide to our Fortune 100 commercial clients, we have recovered millions of dollars on behalf of our sexual abuse clients, and in the process, driven changes at institutions throughout the country that will help protect our children from sexual abuse.

At Lewis & Llewellyn, we understand what is required to prevail in a civil lawsuit against a powerful and well-funded institution such as a foster care agency. All of our lawyers come from the nation’s top law schools and have years of experience litigating high-profile cases at some of the world’s most respected law firms. Simply put, we are not just another run-of-the-mill personal injury law firm that also handles automobile accidents or slip and fall cases. We are a high-powered civil litigation boutique that routinely represents some of the most prestigious and successful companies in the world.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

As parents, we trust that our children will receive the best possible care in our stead. By law, our children are entitled to adequate supervision and protection from abuse. When the possibility of abuse comes to light, you may be unsure where to turn. If your child was sexually abused at daycare, there are many courses of actions to take.

Filing a civil lawsuit for child sexual abuse in California is one possibility you might explore for holding the abuser accountable and recovering compensation related to your case. If you’re considering filing a lawsuit, what follows is an explanation of your legal options and how to make sure all parties involved are held responsible for the abuse.

What to Do If My Child Was Sexually Abuse at Daycare?

Step 1: Seek Help for Your Child (and Yourself)

Your child’s pediatrician is an important first stop for a medical examination and a referral to pediatric mental health counselors. You can also contact the National Sexual Abuse Hotline at 800-656-HOPE(4673) to learn which local resources are available to your child. Sexual abuse counselors say it’s most important that your child knows you love them and that what happened to them is not their fault.

One study of parents whose children endured daycare sexual abuse found that, four years later, one-third reported high levels of PTSD intrusive symptoms (such as flashbacks, nightmares, troublesome memories, or feelings of distress) and one-fourth had PTSD avoidance symptoms (such as drug or alcohol use, avoiding certain people or places, or loss of interest in life). So it’s important that you seek self-care for yourself as well. Keep a cadre of loved ones close, set aside time for pursuits that do not revolve around dealing with the abuse, eat healthy, exercise, and consult with a mental health counselor one-on-one. There is no “right” way to react. Taking care of yourself helps maintain a healthy healing environment for your child.

Step 2: Report the Crime to the Authorities

As soon as you can, file a police report. The National Child Abuse Hotline has volunteers trained to coach you through properly reporting a case of sexual abuse. Once a formal complaint has been filed, the police department and child protective services will begin working together. In most cases, child protective services will begin investigating within 72 hours. Meanwhile, the police department will conduct a parallel criminal investigation. It is customary for officials to remain silent about the proceedings until the assessment has wrapped up, but you will know when to expect a response and where to turn for counseling services at the very least.

Within 10 days of filing your report, you can expect an in-person interview from child protective services, which may include a visit to your home, observations of your child and other children, checks of criminal records, and a request for medical records. Investigators will also look for other CPS reports involving your child’s daycare facility and conduct criminal background checks of daycare workers. They may interview workers, volunteers, other parents, therapists, food service workers, and anyone else who may have intimate knowledge of the daycare’s inner workings. The assessment is usually completed within 60 days.

Once the allegations are confirmed, it is up to the district attorney to decide whether or not to press criminal charges against the perpetrator. The goal of pressing criminal charges is to determine whether or not the accused is guilty of crimes against the State of California. Abusers may be sentenced to time in prison, ordered to pay fines to the state, put on probation, and/or placed on a sex offender registry. Pressing criminal charges isn’t your only option. While the abuser is tried in criminal court, you can also pursue civil litigation.   

Step 3: File a Civil Lawsuit

Regardless of how the criminal case against the perpetrator turns out, you also have the option to file a civil lawsuit on your child’s behalf for compensation to cover medical bills, counseling expenses, and emotional pain and suffering related to the abuse.

The list of defendants in civil sexual abuse lawsuits can go well beyond the perpetrator of the abuse. Molestation is often aided and abetted by institutions—such as daycares—who turn a blind eye to complaints of inappropriate conduct. While the ultimate objective of any civil lawsuit is financial compensation, many find that holding institutions accountable for wrongdoing is a key step in the healing process as well.

In addition to suing the individual perpetrator, you may also file a lawsuit against:

• The daycare owners and administrators
• Staff members who knew or should have known about the abuse and did nothing
• The daycare’s state licensing agency

An experienced civil attorney will build a case that these entities owe a “duty of care” to parents of children at the daycare. All daycare attendees have the right to safety, including sufficient supervision and protection from abuse.

One example of holding a third party accountable can be seen with the Hollister Day Care case. When it was discovered multiple small children were reportedly sexually abused in 2015, and the daycare did not comply with state licensing regulations, the parents of one child filed a civil lawsuit in 2018 against “Go Kids”—a company that referred the family to this particular daycare.

Work With an Experienced Civil Attorney

It can be challenging to decide whether to press criminal charges, file a civil suit, or both. If you’ve already decided, there is still a legal maze of paperwork in figuring out what to do if your child was sexually abused at daycare. Working with a California attorney who specializes in sexual abuse cases is about more than legal advice and paperwork. Lawyers can also point you in the right direction for seeking medical attention, connecting with crisis social workers and counselors, dealing with insurance issues, and getting your life back in the wake of disturbing events that were beyond your control.

Lewis & Llewellyn has extensive experience in cases of child sexual abuse, including sexual abuse in daycare. We are particularly skilled at overcoming disputes regarding the statute of limitations, as well as the defendant’s claims that they weren’t aware of the abuse. Our attorneys have years of experience litigating high-profile sex abuse cases, securing millions of dollars on behalf of sexual abuse survivors.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

According to a study conducted by Darkness to Light, a non-profit organization committed to empowering adults to prevent child sexual abuse, one in 10 children will be sexually abused before age 18. And despite growing up with warnings of “stranger danger,” 90% of sexual abuse is committed by someone the family knows and trusts—teachers, coaches, mentors, scout leaders, camp counselors, doctors, church clergy, daycare facilities.

For parents of minors who have been sexually abused, dealing with the aftermath can involve many steps—seeking legal recourse should be among them. If you’re thinking of pursuing litigation for the sexual abuse of a minor, this article will provide you with information regarding pressing criminal charges and pursuing civil litigation.     

Pressing Criminal Charges for Sexual Abuse of a Minor

The first step once you have knowledge of your child’s abuse is to contact a medical provider. If you’re unsure where to turn, you can call the National Sexual Assault Hotline at 800.656.HOPE (4673) to connect with a local sexual assault service provider. It is a good idea to request a sexual assault forensic exam (also sometimes referred to as a “rape kit”) to gain valuable physical evidence that will be helpful in your case. You will want your child to meet with a qualified mental health counselor to help cope with the aftermath of abuse. The effects of sexual abuse can persist well into adulthood—sometimes for a lifetime—but long-term, early intervention is key in minimizing harm.  

Once you’ve contacted law enforcement, a detective will be assigned to work on your case—interviewing your child, collecting evidence, and interviewing the suspect. The goal of law enforcement will be to find probable cause to make an arrest. The decision to press criminal charges or not will be up to the State of California District Attorney. If criminal charges are pursued, the defendant is prosecuted for crimes against the state. The end goal is to determine whether the defendant is guilty “beyond a reasonable doubt.”

If the defendant is convicted of sexual abuse of a minor by judge and jury, the perpetrator could face jail time, criminal fines to be paid to the state, probation monitoring, and inclusion on the state’s sex offender registry. Most parents agree that seeking criminal conviction is important for their family’s safety yet, that’s not the only option available when a minor has been sexually abused.

Why You Should Pursue Civil Litigation for Sexual Abuse of a Minor

As the parent of a sexually abused minor, you may also choose to (concurrently or independently) pursue civil litigation. Even if the DA decides not to pursue criminal charges or if your criminal case failed to produce the verdict you wanted, your family can still contact a civil attorney.

There are a number of advantages to pursuing civil recourse for the sexual abuse of a minor:

• Longer statute of limitations: Up until January 1, 2017, California enacted a 10-year time limit on pressing criminal charges for sexual abuse. But when it comes to civil cases, Section 340.1 of the Civil Code sets the legal deadline for filing civil complaints of child sex abuse to “within 8 years of the date the plaintiff attains the age of majority (age 26) or within 3 years of the date the plaintiff discovers that psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later.” The civil code also provides for a delayed discovery period of three years. This means that your lawsuit will be timely if it is filed within three years after the date the victim discovers the connection between the injury they have suffered and the abuse itself.
• Financial compensation: The aftermath of sexual abuse often involves medical expenses, emotional hardship, and loss of employment or opportunity. While no amount of money will ever undo what has occurred, obtaining compensation for damages suffered can help you afford the best possible treatment for your child in the years to come.   
• Expanded liability: The civil court is less interested in whether or not the defendant is guilty but whether or not the defendant owed some duty to the plaintiff, which was not met. In pursuit of this goal, attorneys may find that legal liability exists well beyond the defendant. Often, civil lawsuits dig deeper and go after not just the perpetrator but anyone who knew about the abuse; could have done something to stop it; and failed in their obligations to keep your child safe. This could include school districts, churches, daycare facilities, camps, athletic associations, scout organizations, and other larger entities.
• Lower burden of proof: “Beyond a reasonable doubt” is a much higher standard of evidence than the “preponderance of evidence” that is required in civil court. An experienced civil attorney will need to demonstrate that the alleged sexual abuse was “51% or more likely to have occurred,” as indicated in the victim’s testimony.

Start the Process of Seeking Civil Litigation

The first step in pursuing civil litigation for the sexual abuse of a minor is knowing what to expect when working with a civil attorney. Whether you are an adult victim or the parent of a victimized child, the aftermath of child sexual abuse may take you through the full gamut of emotions—but you don’t have to go through it alone. An experienced legal representative can act as your advocate, providing counsel and empowering control over the course of the proceedings.

Working with a California attorney who specializes in sexual abuse cases is about more than legal advice and paperwork. Lawyers can also point you in the right direction for seeking medical attention, connecting with crisis social workers and counselors, dealing with insurance issues, and getting your life back in the wake of disturbing events that were beyond your control.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

The Catholic Church has spent nearly $4 billion on lawsuits since the 1980s. Recent high-profile cases have kept the issue of church-sanctioned sexual abuse in the headlines. As a nation, we are grappling with questions like: “How does this happen?” and “How can we stop the abuse from continuing to happen?”

As Pope Francis himself put it: “The failure of ecclesial authorities—bishops, religious superiors, priests and others—to adequately address these repugnant crimes has rightly given rise to outrage, and remains a source of pain and shame for the Catholic community.”

The best way to stop the cycle of abuse is to ensure the most powerful members of an organization get the message that sexual abuse cannot and should not be tolerated. But can you sue the bishops, the diocese, or even the pope for the actions of a priest? If you or your child have been sexually abused by clergy, there are multiple legal angles to pursue when it comes to who to sue for sexual abuse in the Catholic Church.

Who Is Liable for Sexual Abuse in the Catholic Church?

In cases of sexual abuse in the Catholic Church, one may be wondering who is to blame. Holding the individual priests legally accountable for their wrongdoing is one approach. Under California law, criminal prosecutors can file charges against priests within one year of the victim reporting the abuse to authorities, no matter how long ago the abuse occurred, but there are still many survivors who fall outside this window. What about instances where church administrators willfully moved known sex offenders into a parish to start the cycle of abuse all over again?

Surely, at least some liability should be ascribed to those at the top of the command chain—those who have the power to enact a change in canonical law, which may actually impact the way child sexual abuse is handled within dioceses. Ultimately, it’s not just about compensation for innocence and lives lost; it’s about changing the culture of secrecy and abetting pedophiles that trickles down through church law from the Vatican itself.

Past lawsuits involving the Catholic Church have successfully held other third parties liable, such as:

• Other clergy members who worked closely with the abuser
• Bishops whose job it was to oversee the clergy and act as “a shepherd to the flock”
• Dioceses, which carry the power to supervise, not to mention liability insurance

In recent months, attorneys have attempted to force transparency and accountability by suing state dioceses and heads of the religious state overseas.

Can You Sue The Vatican For Sexual Abuse?

In the past, it has been difficult to hold the Vatican accountable for sexual abuse accusations that transcend borders. According to National Catholic Reporter, efforts to hold the Vatican (and even the pope himself) accountable have been dismissed by federal courts in Oregon, Kentucky, Wisconsin, and Texas. In 2005, a Texas judge ruled that the pope was immune from litigation for conspiracy as a “head of state.”

However, U.S. District Judge Michael W. Mosman in Portland, Oregon decided that the Vatican could, in fact, be sued on the grounds that priests are considered employees of the Vatican. This ruling was upheld by the 9th Circuit Court of Appeals in San Francisco in 2012.

The case against the Vatican for their liability in tolerating rampant, widespread child sexual abuse is heating up. In California, a 52-year-old retired police officer and former marine filed a November 2018 lawsuit against the Vatican—not for monetary compensation, but for the release of documents containing the identities of known sexual abusers in the Catholic Church worldwide. He is suing on the basis of public nuisance, private nuisance, violation of Business and Professions Code 17200, and violation of a customary international law of human rights.

Another class action lawsuit was filed in the U.S. District Court in Washington, D.C. this past November. Attorneys filed the legal complaint on behalf of six victims of “endemic, systemic, rampant and pervasive rape and sexual abuse” who claim the Church “robbed them of their childhood, youth, innocence, virginity, families, jobs, finances, assets—in short, their lives.” The individuals named in the suit hail from California, Illinois, Iowa, Mississippi, New Jersey, and Pennsylvania.  

Mandatory Reporting Laws for Sexual Abuse in California

California Penal Code Section 11165 also known as the Child Abuse and Neglect Reporting Act makes it mandatory for state professionals to report known or suspected child abuse within 36 hours. Child abuse, as described in the Penal Code, includes not only physical violence but sexual abuse as well. Having reasonable suspicion of abuse is enough to warrant a report to the police.

The list of mandatory reporters includes educators, medical staff, social workers, firefighters, police officers, daycare employees, counselors, computer technicians, camp administrators, and clergy. The one exception is if a priest learns of the abuse during a penitential confession, reporting is not required.

A report of sexual abuse can be submitted to law enforcement confidentially, but anyone who fails to do so may be charged with the misdemeanor crime of “impeding the creation of a mandatory report.” Criminal penalties under PC 11166 include up to six months in jail and maximum fines of $1,000. In addition to facing criminal charges, sexual abusers can also be sued in civil court for the recovery of damages related to the physical and emotional suffering of the abused.

California Nuisance Laws

Even if the statute of limitations for pressing criminal charges has passed, survivors of sexual abuse can still seek litigation. When the statute of limitations for criminal charges ran out on sexual abuse taking place from 1978-1980, a local sexual abuse survivor filed a civil nuisance lawsuit against 12 California bishops, more than two dozen accused sexual predator priests, and the Archdiocese of Chicago.

The suit—filed in Los Angeles on October 2, 2018—alleges a civil conspiracy among church officials to cover up sexual assault by clergy members by moving known abusers around the country, where they are permitted to continue working and living among the religious order. The Archdiocese of Los Angeles was allegedly a safe haven for 309 child-molesting priests, including 37 transferred out of state to avoid criminal investigation, according to a voluminous report compiled by the plaintiff’s attorney. The sexual abuse survivor says his lawsuit is aimed at getting clerics at the top to “come clean and tell the truth.”

State nuisance laws are designed to curb behavior that negatively affects the community. The legal definition of a public nuisance is someone who “acts injurious to health, indecent, offensive to the senses, or in obstruction to the free use of property.” This means that a person committing child abuse could be viewed as a public nuisance in California. California Penal Codes 372 and 373a make it a crime to: maintain or commit a public nuisance; willfully fail to perform any legal duty to remove a public nuisance; or to allow a public nuisance to remain on property that you own or control. Misdemeanor crimes under these codes are punishable by probation, up to six months in jail, and fines of up to $1,000.

Contact Civil Sexual Abuse Attorneys at Lewis & Llewellyn

Criminal lawsuits may only hold a single person accountable for an act of sexual abuse, but civil law allows for many others to be held responsible. There are many different law doctrines attorneys can pursue to hold leaders in the church, as well as larger organizations, accountable for their actions and inactions. For this reason, it is imperative that you find a law firm with particular expertise in litigating sexual abuse cases relative to the church. An experienced sexual abuse attorney will know exactly who to sue for sexual abuse in the Catholic Church.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

Sexual abuse in youth sports is allowed to persist in society when there are entities turning a blind eye to, or explicitly condoning, the abuse. In California, the failure to report known or suspected child abuse and take preventative action is a crime. Civil litigation allows sexual abuse survivors and their families the opportunity to stop the cycle of abuse by holding third parties accountable for their actions or inactions.

Sports organizations, schools, administrators, and coaching staff can be legally punished for their role in sexual abuse cases. Though, an ethical, moral grounds for responsibility is not the same as a criminal or civil basis to sue in court. When it comes to pursuing civil litigation against sexual abuse in youth sports, working with an experienced attorney can make sure all aiding parties are held responsible.  

Can Sports Organizations Be Responsible for Sexual Abuse in Youth Sports?

By definition, responsibility is “the state or fact of being answerable or accountable for something within one’s power, control, or management.” There is an implication that a child is entrusted into the care of a youth sports organization after school. However, the ability to concretely say that the organization at large is legally “at fault” for a sexual predator’s behavior depends upon the type of case you’re building.

The Ethical Case: There are many shades of gray when it comes to sports organizations’ responsibilities to athletes. From a parental standpoint, there is an enormous amount of trust poured into the organization’s leadership to act in loco parentis, which means standing in for parents to maintain a safe environment for children. From an ethical view, it is perfectly reasonable to hold organizations to task for screening and hiring coaches without criminal records, for addressing issues that come to their attention, and for ensuring there is no sexual discrimination happening on their watch. Of course, ethical considerations are different from legal considerations, and legal considerations are different from civil liability.

The Criminal Case: Criminal courts focus on the law. Adult sexual contact with minors under 18 is strictly prohibited in California according to California Penal Code 261.5. For college-level athletes in California, there must be an affirmative consent. Given these legal standards, individual abusers can be charged with sexual crimes against student-athletes by the state District Attorney in criminal court. Only in rare exceptions can sports organization administrators be taken to criminal court. There must be evidence that administrators were directly involved.

The Civil Case: Most cases where there is reason to believe the athletic organization failed to create a safe environment for children are fought in civil court. From a civil liability standpoint, the sports organization owes a duty of care to the athlete. If the organization fails to meet these duties and the circumstances and their willful conduct or negligence cause the athlete harm—and the injury was reasonably foreseeable—the entire organization can be held liable in a civil case.

These breaches in a sports organization’s policy, as well as those federally mandated by Title IX—which prohibit sexual discrimination—can be used to build a case. Once a sports organization (and/or school) knows of or should reasonably know of sexual harassment or assault occurring within its sports program, Title IX requires there be a prompt investigation and steps taken to protect student-athletes from further harm.

Most significantly, a strong civil case for liability can also be made when sports organizations fail to abide by the standards outlined in the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, which requires organizations to “develop training, oversight practices, policies, and procedures… to prevent the abuse,” along with mandatory reporting of all sexual abuse allegations. Organizations are expected to “take reasonable steps to limit one-on-one interactions between minors and adults.” They must offer sexual abuse identification training to all staff members, conduct routine audits to ensure their policies are enforced, and prohibit retaliation. This law also gives athletes the right to sue for up to 10 years from the discovery of harm.  

How Recent Cases of Sexual Abuse in Youth Sports Reset the Standard

The judicial branch of government exercises considerable authority in determining the law of the land. One of the most significant cases in recent history is that of Jane Doe v. United States Youth Soccer Association, decided by the Court of Appeal of California’s Sixth Appellate Division.

In the case, a soccer coach in Northern California sexually abused a 12-year-old athlete for nearly one year. He was convicted in criminal court and sentenced to 15 years in prison. The plaintiff sued the soccer league on the grounds of negligence and willful misconduct in breaching their duty to conduct criminal backgrounds checks and warning of the risk of sexual abuse. Records revealed that the coach had been convicted of spousal abuse.

This ruling changes how sexual abuse in youth sports proceeds through civil court because it:

• Established there is a “special relationship” between athletes and sports organizations.
  In the past, the court has assigned a special relationship to cases where a vulnerable plaintiff is overseen by an adult caregiver who has a duty to prevent harm. The court rejected the soccer league’s argument that no special relationship existed because the athlete’s participation was voluntary. The ruling clarified that schools and youth sports leagues owe parents a duty to keep children safe in their care.
• Established that sports organizations are required to conduct criminal background checks.
  While creating and implementing a child safety education program could be considered burdensome, it is not asking too much that a sports organization conduct a criminal background check for all coaches, volunteers, and staff members working with children. In this case, the soccer coach had filled out a questionnaire, asking if he had ever been convicted of a crime—to which he lied. Though the sports organization had no direct knowledge of his criminal past, it was reasonable that they should have known, had they conducted a background check to verify.
• Established that sports organizations owe a duty to mitigate foreseeable risk to athletes.
  The soccer league had no knowledge that the coach had physically assaulted or sexually abused anyone, but they did have a record of complaints from parents and other coaches who were concerned about behavior they observed—like inappropriate touching and continuing to contact the plaintiff even after he was removed as coach. The organization eventually suspended the coach but breached a duty to inform the plaintiff’s parents.

The USA Gymnastics scandal is another noteworthy situation involving sexual abuse in youth sports. Now that dozens of lawsuits have been filed against the organization’s former team physician, USA Gymnastics has pledged “a complete culture change.” As a result, all members must report suspected sexual misconduct to legal authorities and the US Center for SafeSport. Any adult who has been kicked out of a club will be entered into a database to ensure they don’t continue abuse at other clubs.

Seek Help From an Experienced Civil Attorney

There are several paths you may choose to take in your pursuit of justice against an act of sexual abuse in youth sports. 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.

As parents of young children, the civil attorneys at Lewis & Llewellyn understand the betrayal parents must feel when they entrust coaches and sports organizations with the safety of their children and that trust is violated. As lawyers, we are compelled to devote our professional expertise and resources to ending the epidemic of senseless abuse. We know the difference between personal responsibility, criminal legality, and civil liability.

While holding individual perpetrators responsible is necessary, we also understand that we must go after sports organizations who aid and abet child predators if we wish to secure a fair settlement and send the message that there is no room for indifference to suffering. We seek to enact real change in the lives of those impacted by abuse, as well as society as a whole, by strategically bringing lawsuits that shine a spotlight on the individuals and entities that condone, cover up, or turn a blind eye to sexual abuse.

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