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When it comes to sexual abuse in the Catholic Church, news headlines largely focus on priests and bishops, but one report found at least six nuns among alleged abusers in Illinois parishes. Reports of sexual abuse by nuns have begun to populate news outlets and search engines. The watchdog group Bishop Accountability found that 100 nuns have been credibly accused nationwide—meaning that the allegations resulted in a lawsuit or news story. This pales in comparison to their list of over 10,000 credible accusations against priests, but this difference in scale doesn’t matter to survivors.  

Many survivors of sexual abuse don’t realize they’ve experienced abuse or been involved in an inappropriate relationship until later on in life. As an adult seeking closure, you may wonder what effects adult survivors of childhood sexual abuse suffer, how to sue for damages, and who you can hold liable for your injuries.

The Effects of Sexual Abuse by Nuns Can Manifest Years Later

For one survivor, it wasn’t until she had a child of her own that she felt the full impact of childhood sexual abuse by nuns. “It was my protective instinct, I just didn’t want my daughter to be alone. I stayed with her from the day she was born,” she told Fox News. The survivor is now 67, and her daughter 36, but the effects of the abuse she suffered have continued her whole life. She was sexually abused by a Catholic nun for years, beginning at the age of 15-years-old. She suffered from bouts of rage, depression, and agoraphobia. She had trouble holding a steady job. And she blamed herself and didn’t tell anyone until she confided in her husband in her late thirties. When her daughter was 12, she thought it would be good to register her at a Catholic school, but when a nun opened the door, the woman suffered a flashback, panicked, and ran. Her abuser died four years ago, but she says the pain is “still haunting.”  

Another woman says she confided in a New Jersey nun regarding the sexual abuse she suffered at the hands of her uncle who was a priest in the Catholic Church. The nun had seemingly been an ally for the woman until she realized the nun had been grooming her. She was given special gifts and shared a sleeping bag with the nun on camping trips. This behavior led the nun to drug and sexually assault the woman. As a result of the abuse, the woman has suffered a lifetime of trauma that includes drug and alcohol addiction, as well as PTSD. After reporting her abuse in 1994, the congregation paid her $70,000 in a quiet out-of-court settlement.

If you suffer from depression, anxiety, PTSD, fear, low self-esteem, inability to work, and/or substance abuse, you may be able to hold your abuser liable for your personal damages in civil court.

Can I Sue the Catholic Church If I Was Sexually Abused by a Nun?

If you were sexually abused by a nun and wish to come forward, here are a couple of things to consider:

• • Are you 26 years old or younger, and did your abuse occur before January 1, 2015? In California, Section 340 of the Civil Code sets the legal deadline for filing a civil lawsuit against an abuser for childhood sexual 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.” This means that exceptions can be made under the “delayed discovery rule” if depression, PTSD, anxiety, or substance abuse can be linked to prior abuse.   

• Is there evidence? The standard for civil court is based on “a preponderance of the evidence,” meaning the judge and jury must believe your story is 51% or more likely to have happened. Evidence does not just mean physical DNA or a rape kit, though that does certainly help; but evidence can be obtained through witness interviews, confessions, police documents, phone records, surveillance cameras, church records, similar allegations from other parishioners, or circumstantial evidence like gifts given and corroborated accounts of trips taken.

Navigating the complexities of a civil case against a large entity such as a Catholic Church can be overwhelming. But when you work with an experienced lawyer, you won’t need to worry about the investigative portion of your lawsuit.  

Who Should Be Held Liable for Damages Suffered as a Result of the Sexual Abuse by Nuns?

Survivors of sexual abuse may press criminal charges against individual nuns, but typically lawsuits aimed at obtaining monetary compensation go after the enabling organization. Lawsuits alleging sexual abuse by nuns find the best success seeking liability from the diocese and/or the religious order. Dioceses are liable for hiring, supervising, and retaining or dismissing nuns, so you must show how the diocese was negligent in these duties. Religious orders are legally mandated to notify police with any suspected or known instances of sexual abuse, and cooperate with police investigations. When the case falls outside the statute of limitations by a considerable amount, lawyers may pursue charges of racketeering, public nuisance, or freedom of information.

Compensation may include money for individual therapy, support groups, behavior modification, substance abuse treatment, medication, lost wages or lost earning capacity, loss of enjoyment in life, hospital bills, and emotional pain and suffering.

San Francisco Sexual Abuse Attorneys Are Here to Help

Priests have been accused of sexual abuse for decades but only recently has the sexual abuse by nuns come to light. If you’re interested in filing a civil lawsuit, an experienced sexual abuse attorney will know exactly who to sue for sexual abuse in the Roman 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.

It’s not easy for someone to come forward about being a survivor of sexual abuse. And sometimes it’s even harder for survivors of sexual abuse to enter into an intimate relationship. If your partner has confided in you about past sexual abuse, consider it a major step on the path to their recovery.  

The road to recovering from sexual abuse can be complex to navigate and it helps to have a support system. These tips for how to be in a relationship with someone who was sexually abused can help you grapple with conflicting emotions and provide you with information on how to be there for your partner.

Tips for How to Be in a Relationship With Someone Who Was Sexually Abused

Be an Active Listener

Upon learning that your partner was sexually abused, you may find yourself at a loss for words. Recognize what a courageous act it was for your partner to open up to you and let them know how grateful you are that they shared this information with you as well as let them know you are there for them if they need to talk about it further. Never try to forcefully pry information out of them. Instead, be an active listener, offering advice when asked.  

Consider the Effects of Sexual Abuse

People respond to sexual abuse in different ways. A sexual assault survivor may:

• avoid sexual interactions, physical touch, or “getting too close” to someone
• display promiscuity or hypersexualized behavior
• go through periods of increased desire, followed by the inability to commit
• experience erectile dysfunction or an arousal disorder
• struggle with body image/eating disorders, anxiety, depression, or substance abuse
• react with dissociative patterns that make them seem aloof, disconnected, or uncaring

Take It Slow

Be conscientious about establishing consent with the smallest steps forward. During intimate relations, take a moment to assess your partner’s comfort level. Make sure they are comfortable with every interaction.

Your personal preference may be physical contact and sexual intimacy to affirm the relationship, but not everyone speaks the same love language. Consider other ways of deriving satisfaction from the relationship, as outlined in Gary Chapman’s The Five Love Languages. Quality time, receiving gifts, acts of service, and words of affirmation are other ways to express love and consideration.

Understand It’s Not About You

Flashbacks or triggers can happen anywhere, at any time, for any reason. For some, the smell of alcohol can bring back sexual abuse that occurred while intoxicated. For others, it might be a news story or derogatory comment that sends a survivor into a deep depression. The important thing is to understand that these reactions are not about you; it is about your partner.

During these moments, your partner needs support more than ever. You may need to take a step back and listen or sit in compassionate silence to convey that you accept your partner—the good and the bad. You may need to work toward changing a habit or action. Your comfort and reassurance may be just what your partner needs to get through the pain of a situation.

Plan for Challenging Moments

Moments will arise that surprise you, where you don’t know what to say or how to react. Thinking of a few responses ahead of time may help you stay grounded and re-direct the conversation. For instance, you might say:

• “That was then… the pain is still here and now, but this is a very different time.”
• “I’d like to discuss this more in couples therapy.”
• “I’m here for you—on the good days and the bad.”
• “I notice you’re upset. Let’s take a step back and slow this down.”
• “I may never fully understand, and that’s okay. We’re in this together.”

During a flashback, you could also:

• Offer a glass of water to stimulate the prefrontal cortex.
• Say, “I’m here for you. I’m listening.”
• Remind your partner he or she is safe with you.
• Call attention to the present sights, sounds, date, or location.

Understand your partner may be unwilling or unable to explain the situation to you. Sometimes a sexual abuse survivor doesn’t understand why a situation occurred and can’t find the words to describe all the emotions and feelings they’re experiencing.

Understand You’re Not Alone  

Partners of the sexually abused often experience:

• Anger: Your desire to inflict pain upon the abuser takes control away from your partner.
• Disbelief: It can be difficult to believe the person you love has suffered such betrayal.
• Grief: Your partner will undergo many changes, which can be stressful for both of you.
• Inadequacy: Your need to fix things can leave you feeling powerless and subpar.
• Relief: Now that your partner’s behaviors are put in context, you understand.

To play a helpful role in your partner’s life:

• Believe: Resist the urge to reject or minimize what happened.
• Listen: Let your partner arrive at their own conclusions.
• Respect: Be patient and allow privacy.
• Separate: Maintain your own identity, clearly asserting your own needs as well.
• Support: Go with your partner to counseling, support groups, or litigation meetings if asked.

Seeking support outside of the relationship can also be helpful; whether it’s a friend, counselor, support group, or even an attorney.

Support a Partner Wanting to Seek Justice for Sexual Abuse

When a survivor is ready, there are multiple paths to seek retribution. Pressing criminal charges could lead to the abuser serving time in jail, sentenced to pay fines to the state, probation, and registration on a sex offender registry.

Contacting a civil attorney is another option which can hold third parties such as church dioceses, schools, or youth organizations liable for failing to protect your partner. Many civil lawsuits result in compensation to cover your partner’s medical expenses, lost wages, and emotional pain.

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.

Sharing sexually explicit images or video content with others is a personal choice, but state and federal laws make it plain: privacy is a right all citizens deserve. If you have been the victim of intimate content shared against your will, also known as nonconsensual porn or revenge porn, San Francisco civil attorneys may be able to obtain a recovery on your behalf under California’s revenge porn law.

What is California’s Revenge Porn Law?

Governor Jerry Brown signed Senate Bill 255 which took effect immediately on October 1, 2013, making California one of the first states to pass a law against revenge porn. California’s revenge porn law amended California Penal Code Section 647, which defines lewd and disorderly conduct.

According to the amended Penal Code, it is unlawful to invade a person’s privacy by:

• looking through a hole or opening
• using a periscope, telescope, binoculars, camera, camcorder, or mobile phone
• peeping into a bedroom, bathroom, changing/fitting/dressing room, or tanning booth.

It is also unlawful for a person to intentionally distribute images of:

• The intimate body part(s) of another identifiable person
• a person engaged in sexual intercourse or other sex acts sexual penetration
• explicit material, which both parties agree or understand shall remain private
• explicit material, which will cause serious emotional distress if distributed

What Is the Punishment for Revenge Porn in California?

In California, revenge porn is a crime punishable by misdemeanor summary probation, up to six months in jail, and a fine of up to $1,000 for a first-time offense. Subsequent offenses may be punishable by up to a year in jail and a $2,000 fine. Punishments are even harsher for minors who may fall under the state’s “child pornography” laws.

A University of Nebraska football player, originally from San Jose, faces “revenge porn” charges after sending his ex-girlfriend a video of her sexual assault by two former high school classmates. The running back did not take the video or participate in the assault, but he faces a felony charge for possessing child pornography (as the victim was 15 in the video) and a misdemeanor for distributing pornographic content to classmates, with intention of inflicting emotional harm upon the victim.

Pressing criminal charges is not your only legal recourse for seeking justice against revenge porn; you may also elect to file a lawsuit in civil court.  

Can I Sue Someone for Distributing Revenge Porn?

Filing a civil lawsuit for revenge porn provides you the opportunity to recover compensation for your personal losses. Depending on the nature of the distribution, the court may award compensation for distress, emotional pain and suffering, and lost wages or future earning capacity.

In 2013, a California man posted sexual photos and videos of his ex-girlfriend on pornography sites and impersonated her in online dating forums to make her “so miserable she would want to kill herself,” according to court documents. Strangers sent her explicit emails and texts, some threatening they were “on their way over.” A year later, the woman filed a civil lawsuit. Last year, the court awarded her $6.4 million—one of the largest revenge porn verdicts in U.S. history. The judgment included $450,000 for copyright infringement, $3 million for severe emotional distress, and $3 million for stalking and online impersonation with intent to harm.

In order to obtain a recovery in a civil lawsuit, it must be proven that:

• the defendant possessed images or video where the plaintiff was clearly identifiable as well as their intimate body parts or performance of a sexual act
• there was a mutual agreement that the content should remain concealed
• the defendant intentionally posted, published, or distributed the content
• the defendant knew—or should have known—the distribution would harm the plaintiff
• the plaintiff suffered severe distress or losses resulting from the defendant’s action

There may be other aspects that may need to be proven but unlike in criminal court, you need only establish liability by a preponderance—or majority—of the evidence. Simply put, in a civil case, the judge and at least nine out of the 12 jury members must agree that it’s at least 51% likely the alleged act was committed, as opposed to convincing all 12 jurors the defendant is guilty beyond a reasonable doubt, as with a criminal case.

What If I Sent a Sexually Explicit Selfie I Didn’t Want Shared?

California Penal Code 647(j)(4) only addresses images taken or recorded by other individuals and does not apply to selfies, but there are other ways to protect yourself. While many websites are shielded from liability, you can file a take-down notice with the hosting website via the federal Digital Millennium Copyright Act.

Since you took the photograph or video yourself, you can copyright the material and register ownership. This will enable you to seek relief under federal copyright infringement law. In many instances, it is easier to have content removed from a website if you own the copyright registration.

Let an Experienced Attorney Seek Justice on Your Behalf

Here at San Francisco based firm Lewis & Llewellyn, we pride ourselves on staying on top of new legislation. With revenge porn laws in California being fairly new, not many possess the knowledge and experience that our attorneys have to pursue such a case.   

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.

Nearly one-third of child sex abuse perpetrators are under the age of 18. When sexual assault occurs between minors, one may be hesitant to report the activity and if they do come forward, it can be difficult to determine who to hold liable. If you have questions regarding how to seek help for your child, an attorney can help. Speaking with an experienced civil attorney can help you navigate an incident involving sexual assault between minors.

What is COCSA?

Sexual assault or abuse between minors is referred to as Child-On-Child Sexual Abuse (COCSA). This type of sexual activity between children happens without consent; mental, physical, or age equality; or as a result of physical or emotional coercion. COCSA can happen at any age but tends to peak between 12 and 14 years of age. By this time in adolescence, inappropriate sexual activity shouldn’t be dismissed as “kids being kids,” especially when considering the potential ramifications. When child-on-child sexual abuse or assault occurs, both children in the situation need help.

The victim needs help navigating the situation, understanding that what has happened was not their fault. Typically, children who disclose the incident within one month are at a decreased risk of depression and other long-term, negative effects of sexual abuse. The perpetrator also needs help as they were likely abused by someone else. Seventy percent of COCSA offenders go on to have two to nine more victims if they are not caught the first time. Intervention can stop the cycle and help the child avoid more serious consequences in adulthood.

Sexual Assault Between Minors: Early Intervention  

Early intervention is important for child victims of sexual assault, as the disturbing patterns of thought and behavior become more entrenched over time. Oftentimes, children learn sexual behaviors from peers. Kids are sometimes unaware that their actions are inappropriate. They may think of what they’re doing in terms of play. In fact, sexual curiosity, masturbation, showing their private parts to other kids, and even mild forms of sexualized play like “doctor” games can be normal developments for perfectly healthy children.

Therapists say to look out for individual inappropriate sexual behavior and sexual play between children where there is a more than a two-year age gap. Once you recognize these signs, it’s your responsibility as a parent to teach your child age-appropriate conduct.

What to Do If Your Child Was Sexually Assaulted by a Child

Few horrors compare to the realization that your child has been sexually assaulted. Worse yet,

Many victims of sexual assault don’t immediately disclose their sexual encounters, so you may need to rely upon your intuition to discover the signs of sexual assault. Minors who have been involved in non-consensual activity may respond with avoidance, fright, lack of interest in life, wetting or soiling accidents, and dramatic changes in eating or sleeping patterns, or aggression. Youngsters may talk incessantly about a new “older” friend, play inappropriately with dolls and stuffed animals, explore their own bodies with objects, or speak using surprisingly sexual language.

If your child has been involved in sexual encounters with other children:

• Respond with love and support, while setting clear rules about what is or isn’t acceptable and safe behavior. Create a family safety plan to counter the risk of future sexual abuse.
• Search for therapy near you. Many mental health clinics accept insurance, including Medicare.  
• Let the other parents know what has happened. Stick to the facts, let them know you’re on their side and what you’re doing about it. Ask for their help in keeping the kids safe.

Child-on-child sexual abuse is a serious issue, whether it involves sexual games or physical activity. Coming forward is the best action for current and future victims of child sexual assault, as it helps prevent future abuse. The only way to stop the cycle of sexual abuse is to expose it—as soon as possible.

Can a Minor Be Charged With Sexual Assault?

The short answer is “yes.” But when it comes to pressing criminal charges for sexual assault, here are a few things to consider about California law:

• California will not initiate criminal proceedings against children under 14 years of age.
• California law does not give minors the right to give legal consent to sexual activity prior to age 18. Often named Romeo and Juliet cases, voluntary, consensual sexual activity between minors ages 14-17 can be punishable as a misdemeanor (unlawful sexual intercourse or lewd and lascivious acts with a child), and subject to juvenile court treatment. “Sexting” is punishable under PC 311 as producing, possessing, or distributing child pornography.
• Minors ages 14-17 can be arrested and brought to delinquency court, where a law enforcement agency will determine if the minor can remain in the custody of his or her parents, or if the minor should be remanded to a juvenile facility. Minors who are arrested can also be sent to a foster home. They will be subject to a detention hearing, fitness hearing, adjudication before a judge, and a disposition hearing to determine sentencing.
• Minors found delinquent of COCSA can be sentenced to home probation or detention in a juvenile facility until age 25, depending on the severity of the offense and determined risk to the public.
• If a minor over age 14 sexually abuses a younger child, the offender can face felony charges. If charged as an adult, courts could impose formal supervised probation, lengthy state prison sentences, fines up to $10,000, a strike under California’s “Three Strikes Law,” and registration as a sex offender.

Can a Minor Be Sued for Sexual Assault?

Pressing criminal charges aren’t the only legal recourse for a sexual assault victim. Filing a civil lawsuit can force a perpetrator to admit guilt and pay restitution to the victim. A civil lawsuit can also hold third parties (such as schools) liable for the role they played in failing to protect the victim from harm. The parents of a minor can bring a lawsuit in the victim’s name or that victim can wait until age 18 to bring the suit themselves. Minors can be sued through a litigation guardian who will then be responsible for any judgments against the child.

As far as suing a third-party, California has a mandatory reporter law that requires anyone working with children to report sexual abuse. This expanded scope of liability helps families recover compensation from larger, well-funded entities in civil court.  

Seek the Help of an Experienced Civil Attorney

Whether you are the victim or the parent of a victimized child, a case of child sexual assault can be difficult to navigate. An experienced legal representative can help you defeat the defense’s argument that the activity was consensual in cases of sexual assault between minors.

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.

Today’s sexual predators aren’t lurking in the shadows, wearing trench coats, and driving windowless vans. They look like everybody else. They’re coaching after-school sports, teaching in the classroom, performing medical examinations, living next door, participating in religious services, or even sitting at our holiday dinner tables. In fact, 90% of sexual abuse victims know their abuser and on the surface, these abusers can appear charming, helpful, and kind.

But how does a friendly acquaintance move from a trusted individual to a sex offender? The answer is sexual grooming–a gradual method of building trust with children and manipulating adults to gain access to a prospective victim. Child sex abusers rarely act suddenly and without warning. In at least 50% of all cases, they take time to groom the victim because it increases the likelihood of committing repeat offenses and reduces the chances of being detected. In extreme cases, threats and physical force are used to abuse a child, but it is much more common for perpetrators to progress through the following six stages of sexual grooming.    

The Six Stages of Sexual Grooming

Stage 1: Targeting a Victim

First, the offender targets a particular child. Minors are more commonly targeted due to perceived gullibility and naivete. Victims are often selected based on perceived physical attractiveness, ease of access, or vulnerability.

Child sex abuse researchers have found that among perpetrators:

• 42% select victims based on physical characteristics
• 27% select victims based on clothing
• 18% select victims based on physical smallness

Additionally, child molesters target victims in households with less adult supervision, parents with drug or alcohol addictions, marital discord, domestic violence, or history of emotional and mental problems. They generally look for children who are already isolated by low self-esteem, low confidence, insecurity, or neediness. However, in cases of sex abuse by coaches, children may be selected if they are elite athletes.

Stage 2: Gaining Trust

A sex offender offers initial friendliness to get victims to let their guard down. The abuser then observes the child, asks questions to get to know more about the child’s situation, and looks for needs to exploit. These behaviors can be challenging to differentiate from the warm compassion ordinarily offered by a caregiver or mentor.

During the trust-gaining phase, an abuser may:

• give small gifts
• make promises
• take special outings
• provide individual attention
• discuss personal life
• share secrets
• play games
• provide access to cigarettes, drugs, or alcohol (for teens)

If confronted about their behavior by parents, groomers may accuse the child of acting out or lying.

Once the offenders have fulfilled promises and put on a show of trustworthiness, they’ll start to ask for favors in return. The process is gradual and may start with a seemingly innocuous touch–like a hug–so the victim is not aware of what’s happening.

Stage 3: Filling a Need

Offenders may prey on a teen’s insecurities by lavishing the victim with praise and emphasizing the “unique nature” of their “loving” and “exclusive” relationship. The perpetrator poses as a non-threatening person with whom the child can talk freely and spend time.

Child molesters strive to be the sole provider of something the child wants or needs, such as:

• a mobile device
• a ride home
• something to eat
• a place to stay
• adult supervision
• an expensive outing
• money to take care of bills
• invitation to a party
• prohibited substances
• friendship and attention
• emotional support
• a sense of love and value
• specialized knowledge or skills
  

Parents who notice other adults offering special attention, affection, and gifts to their child or eagerly volunteering to serve as a surrogate caregiver should increase their vigilance and report inappropriate behavior.

Stage 4: Isolating the Child

Child sexual abuse happens behind closed doors, with few–if any–witnesses to the crime. Once trust has been gained, the perpetrator must determine a way to access the child alone.

Family member offenders have the easiest access in the home environment, with 41% of offenders sneaking into the child’s bedroom. Offenders outside the family will entice victims to an empty school classroom, a locker room, their car, a hotel room on an overnight trip, a secluded park, or another isolated place.

Many child sexual abusers have sought out employment that provides access to children–teachers, camp counselors, bus drivers, coaches, daycare workers, pediatricians, charity organizers, or youth mentors. Once they have established themselves in a professional setting, they may create reasons to see the child after hours or take the child on special outings.

The groomer works hard to separate the victim not just physically, but also emotionally, from their support network of others who may be watchful or helpful. At this stage, groomers often emphasize the special nature of the relationship and urge secrecy. They may accuse others of being “jealous,” “overprotective,” or seeking to “ruin what they’ve got.” Excuses for keeping interactions private are designed to make victims feel flattered and special.

Stage 5: Sexual Contact

Desensitizing the child to touch is the next step in the grooming process. The adult seeks to exploit the child’s natural curiosity, using feelings of stimulation to advance the sexuality of the interactions.

Gradually the offender increases physical contact–patting on the back, hugging, wrestling, tickling, massaging, or kissing on the cheek. These moves can be subtle and bordering on what a child deems acceptable.

An abuser with close ties to the family may use caregiving experiences, such as diapering, toilet training, bathing, or tucking the child into bed at night, to initiate sexualized actions as a “routine part of care.” Predators may present “cuddling” as a normal activity for adults and children who have “a special relationship.”

A bolder sex offender may discuss sexual subject matter and make more direct sexual advances.

Stage 6: Maintaining Control

Many groomed children are led to believe that nothing is wrong with sexual contact between adults and children. In some cases, perpetrators need only casually mention a need for secrecy to maintain participation and silence.

Other times, children may feel confused, conflicted, threatened, or unsafe. At this point, sex abusers may use blame, threats, misinformation, and fear to exert control and maintain cooperation and the child’s silence.

The abuser may:

• blame the victim: convincing the child that they “wanted it,” “encouraged it,” or “enjoyed it”
• use fear: telling the child their parents will be disappointed and disgusted by them
• threaten the victim: saying that “no one will believe you” or “if you tell, we’ll go to jail”
• increase violence: using physical force or threats of force against family members
• use sympathy: making the child believe no one else understands the perpetrator
• employ confusion: claiming what happened was an “accident” or “normal” behavior

Predators may take further steps to maintain isolation and control such as threatening to take away what the child needs from the relationship if the child speaks to anyone about what happened. The child may worry that the consequences of exposing the relationship will be humiliation and rejection, which will make them even more unwanted.

What You Can Do About Sexual Grooming

If you or a loved one was a victim of sexual grooming that led to sexual abuse, you may be able to seek compensation if:

• your family experienced financial loss due to medical bills, substance abuse counseling, emotional/mental therapy, special education, and lost wages related to the abuse
• the abused child has been traumatized by the grooming and experiences anxiety, depression, behavioral disorders, PTSD, or other problems related to the abuse
• the statute of limitations has expired for pursuing a criminal case against the abuser
• an institution that had a legal responsibility to supervise and protect your child failed to do so and allowed a sexual predator access to groom and abuse your child
• a mandatory reporter failed in their duty to prevent child sexual abuse

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.

Law enforcement generally helps victims in cases of sexual abuse by a family member. However, if you are seeking civil restitution, San Francisco attorneys at Lewis & Llewellyn can assist you with your claim. Many clients come to us if their abuse falls outside the standard statute of limitations for pressing criminal charges, if their financial losses have been great, or if their criminal claim against a family member fell flat.

In this article, we’ll discuss statistics around family member sexual abuse, the statute of limitations, the differences between criminal and civil paths to justice, and how settlements are won in these cases.

How Common is Sexual Abuse by a Family Member?

Despite widespread fears of “stranger danger,” the fact remains that less than 10% of perpetrators are unknown to victims. Family members are much more likely to betray the trust of the youth they are caring for and commit abuse that goes unreported for years.

According to statistics:

• Sixty-three percent of kids sexually abused by family members report rape or attempted rape after 14.
• Thirty-four percent of children who are sexually abused are victimized by family members.
• Of those molesting children under six, 50% of the perpetrators are family members.

Family structure is the most significant risk factor in child sexual abuse. Children who live with both biological parents are at the lowest risk. Children living without either parent in a foster situation are at 10 times greater risk of molestation. Children living with a single parent and live-in partner are at 20 times higher risk of sexual abuse.

Every nine minutes, a child is sexually abused in America. Out of the 63,000 substantiated sex abuse cases reported by Child Protective Services in 2018, 80% of perpetrators were parents of the child, 6% were other relatives, 5% were siblings or strangers, and 4% were unmarried partners of the parent.

When a child speaks up about sexual abuse by a family member, a sibling or friend is often the first person to know. Of all other family members, mothers are most likely to be told.

Is It Too Late to Come Forward About Abuse?

The sense of shame and fear that a victim of sexual abuse may feel becomes exacerbated when the perpetrator is a family member. Many victims of child sexual abuse do not come forward until years later. California, like all other states, has specific time windows for filing valid claims to protect the rights of the accused.  

• Pressing criminal charges: The State of California placed a 10-year deadline on pressing criminal charges against child sex abusers who have committed their crimes prior to January 1, 2017. More recent instances of sexual abuse may be reported at any time, as California’s SB 813 abolished the statute of limitations for certain crimes including child sex abuse.
• Filing a civil claim: The California Civil Code allows victims of child sexual assault to recover compensation for medical bills, lost wages, and emotional hardship through a civil lawsuit filed against their abusers until age 26.

Under extenuating circumstances, victims may have more time to file a lawsuit if the nature of their psychological and emotional side effects were not known until recently. Through the rule of delayed discovery, plaintiffs may have “within three years of the discovery of harm” to pursue justice in civil court.

Criminal vs. Civil Options for Recovery

The differing statute of limitations is not the only way criminal and civil court proceedings differ. Contacting the state district attorney to press criminal charges may be important to you if you want to see jail time served for the crimes committed. Convicted offenders may also be ordered to pay fines to the state of California, put on probation, and placed on a sex offender registry. The downside to criminal court is that your legal team must work hard to prove your case “beyond a reasonable doubt,” which is a fairly high standard of evidence.

On the other hand, filing a civil lawsuit with a personal injury attorney who specializes in sex abuse requires you to prove your story is 51% or more likely to have occurred. If your claim is successful, the offender could be ordered to pay restitution to you for related medical expenses; substance abuse or mental counseling services; lost time off work and reduced earning capacity; as well as emotional pain and suffering.

How Are Settlements Won Against Family Members?

Similarly to date rape cases, Lewis & Llewellyn use reputational damage as leverage to get the perpetrator to settle. Individuals may get money to pay for damages from their insurance, homeowner’s policy, the selling of assets, or garnished wages. In some cases of sexual abuse by a family member, there may not be money to recover.

Meeting with one of Lewis & Llewellyn’s experienced San Francisco sexual abuse attorneys for a free consultation is the first step. We’ll explore your claim and lay out your options for pursuing justice. For more than a decade, we’ve helped sex abuse victims recover millions of dollars for their suffering to get on the fast-track to recovery.

If we’re not a good fit for your particular case, we’ll help you find someone who can adequately represent you. We can help you access local counseling, support groups, therapy, and advocacy organizations that support your healing.  

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.

It was supposed to be a nice dinner between two good friends at FIG in Santa Monica. A woman excused herself to the restroom, where she received a shocking revelation. “Hey, um, this is kind of weird, but, uh, we saw the guy you were with put something in your drink,” a stranger entering the bathroom told her. Security footage from the restaurant revealed that her dinner companion did, indeed, procure a small vial and dump its contents into her drink. In this case, someone was able to warn the woman preventing her from becoming one of the more than 300,000 annual victims of rape and sexual assault in the United States.

Not everyone is so lucky. Others must seek justice with the aid of a date rape attorney after enduring rape. But what if you don’t have the footage? What if it’s your word against the perpetrators? How can you prove your story in court? Working with an experienced attorney can help you build a substantial case and pursue justice against your rapist, even if they were someone you knew and trusted.  

How to Tell If You’ve Been a Victim of Date Rape

Date rape drugs are used by assailants to make it easier to rape or sexually assault a victim. Drugs or alcohol can cause someone to lose consciousness and awareness about what’s going on around them, leaving them unable to defend themselves against a sexual attack. According to the Office on Women’s Health, nearly 11 million women in the United States have been raped while drunk, drugged, or high.

If you suspect you’ve been a victim of date rape you may exhibit some or all of the following signs:

• feeling drunk despite not having drunk any alcohol
• feeling confused or disoriented
• losing consciousness
• not remembering how you got somewhere
• being unable to remember anything after drinking
• waking up feeling confused, hungover, or unable to recall the night before
• genital or urinary pain and difficulty remembering what happened
• torn clothes

If you’ve been a victim of date rape, it is not your fault. Seek emergency care immediately.   

What California Law Says About Consent

Many rapes go unreported due to misconceptions about consent. Over the years, the law has been clarified. SB 967 defines consent as not merely “no means no,” but as “yes means yes.” Consent is the “affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity.”

Furthermore, consent is not a one-time deal, but a privilege that may be revoked at any time during an interaction. The law explicitly states: “Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.” Also, the existence of a dating relationship or past sexual relations “should never by itself be assumed to be an indicator of consent.”

Consent cannot be given when a person is:

• asleep or unconscious
• incapacitated by drugs or alcohol
• unable to communicate due to a mental or physical condition

Consent cannot be given to an adult by a person who is under 18 years of age. PC 261.5 defines this type of sexual relations as statutory rape. If the defendant is more than three years older than the victim, the crime may be classified as a felony and subject to harsher penalties.

The possession of date rape drugs is, in fact, a serious crime in itself. As of January 1, 2017, California SB 1182 made it a felony offense to possess drugs like GHB, ketamine, and Rohypnol with the intent to commit sexual assault, carrying possible prison terms of 16 months to three years. Further, probation cannot be awarded in cases where a victim was rendered unconscious and raped. Felony rape charges could result in three to eight years in state prison, with an additional three to five years in cases of bodily injury; an additional seven, nine, or 11 years in jail for victims under 18; and an additional nine, 11, or 13 years for victims under 14.   

Should You File a Civil Lawsuit?

You can report the incident to police and hope the district attorney agrees to press charges against your attacker. Pursuing the matter in criminal court could result in the perpetrator serving jail time, being placed on probation, and added to a sex offender registry. However, criminal proceedings are not the only avenue open to you. You may elect to pursue legal remedies in civil court instead of—or in addition to—pressing criminal charges.

The NY Times outlines the many reasons why rape victims may decide to pursue their case in civil court:

• Victims have a sense of control as a voice in decision-making, not just a witness.
• The burden of proof is less (preponderance of evidence, not beyond reasonable doubt.)
• Civil penalties often stem from a personal sense of duty to deter future crimes.
• Third parties like school districts, dioceses, or employers can be held liable.
• Justice can be served when criminal statutes have expired.
• Hefty compensation can be secured to provide for excellent medical care.

Increasingly, rape crisis centers and victim advocates are encouraging rape survivors to pursue civil litigation as a remedy. Seeking recourse in civil court can be integral to the healing process.

How to Prove You Were Date Raped

In working with an experienced date rape attorney, you will be afforded considerable investigative muscle to help uncover what happened and how it happened. Evidence that may be admissible in court include:

• Forensic Evidence: In a perfect world, a certified medical facility would arrive at the scene of the crime within 96 hours to capture DNA from toilets, pillowcases, bedding, condoms, napkins, lubricants, cigarette butts, cups, clothing, hair, blood, semen, and saliva. In court, jurors expect to see forensic evidence. In fact, juries are 33 percent more likely to convict when DNA evidence is present.
• Medical Evidence: Instead of showering you should go to a local hospital that provides rape kits to have medical evidence collected and receive verifiable treatment for any acute injuries. You do not have to report the crime to authorities in order to receive a forensic medical exam. Unfortunately, blood and urine tests for the presence of date rape drugs are unreliable, but there are accurate tests for drinks if you have any remnants of the beverage.
• Physical Evidence: Emails, social media posts, computer screenshots, text messages, voice mails, letters, and witness testimonial can all be helpful in building a case, especially if you were being stalked or otherwise harassed.
• Circumstantial Evidence: Trace hairs, fibers, materials, fingerprints, glass, paint, soil, impression patterns, shoe prints, glove patterns, and toxicology reports can be used to verify certain details of your testimony or to disprove the defendant’s testimony.
• Testimony: In civil trials, you may provide a deposition or be asked to take the stand. Testifying might be difficult, but it is very compelling for juries to witness your brave recollection of events. Many a case has hinged heavily on victim testimony which can be enough to convict.

Contact a California Date Rape Attorney

An experienced date rape attorney can help you navigate the complexities of filing a civil lawsuit. The effects of date rape include PTSD, anxiety, and depression that can persist for several months, several years, or even decades. These effects may surface later or worsen with time; working with a date rape attorney will help you secure compensation should you need to compensate for personal damages suffered as a result of the incident.

At Lewis & Llewellyn, a civil law firm in San Francisco, we’ll listen with a compassionate ear and let you know what next steps you might take to seek justice, whether it’s pressing criminal charges, filing a civil lawsuit, or both. Our team can connect you with local resources, including rape kit centers, medical practitioners specializing in rape victims, counselors, and support groups. Your recovery is important to us.

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.

Children with physical or mental disabilities are more likely to be sexually abused than their peers. While these children are increasingly dependent on adults for care, California law makes it plain: it is never acceptable, under any circumstance, for an adult to inappropriately touch a child. In fact, sexual contact with a disabled child is punishable with more severe consequences. 

In this article, you will learn about California laws pertaining to the sexual abuse of children with disabilities, the statute of limitations regarding cases of child sexual abuse, and how to pursue litigation on behalf of a disabled child.

Statistics on Sexual Abuse of Children with Disabilities

• Disabled children are three times more likely to be sexually abused than their non-disabled peers.
• Children with mental and intellectual disabilities suffer 4.6 times the risk of sex abuse.
• Children with behavioral disorders are 5.5 times more likely to be sexually abused.
• In a single year, there were 300,000 reports of sexual abuse of disabled children.
• More than two-thirds of sexual assaults were against people with multiple disabilities.
• Disabled children ages 12-15 are at the highest risk for sexual assault.
• The violent victimization rate of people with disabilities is roughly 30 per 1,000.
• In one study, caregivers reported 16.6% of children with autism were sexually abused.

Why Are Children With Disabilities Targets for Sexual Abuse?

The spectrum of “disability” ranges from behavioral issues (such as ADHD), hearing impairment (deafness), visual impairment (blindness), emotional disturbances (such as explosive anger disorder), intellectual limitations (such as mental retardation), learning disabilities, orthopedic impairments, autism, traumatic brain injury, or any other medical condition that makes a child more dependent on adult caregivers. Specific cognitive, behavioral, and physical aspects will create different vulnerabilities for each child.

It is a myth that disability makes a child “less desirable” to sexual predators. The majority of sexual offenses have nothing to do with desiring the victim. It is almost unimaginable to determine how a person could prey upon a child, let alone a child who already suffers disability-related difficulties. Yet, possible reasons include:

• The misperception that disabled children won’t suffer additional harm from sexual abuse as other children would because “they cannot comprehend” what has happened.
• Certain types of disabilities can mask behavioral changes that could otherwise be attributed to sexual abuse, making it easier for the perpetrator to get away with it.
• Children with disabilities are less likely to report what happened. Depending on the disability, they may face communication challenges or may seek acceptance.
• Law enforcement lacks sufficient training on how to interrogate victims with disabilities.
• Disabled children in out-of-home placements or those with physical disabilities often see a revolving door of different caregivers coming in and out, increasing the sex abuse risk.
• Children with cognitive disabilities may not be aware of what is or isn’t appropriate action by an adult and may themselves act friendlier with adult caregivers than the norm.

California Laws Pertaining to Abuse of Children with Disabilities

A number of California laws may apply to the sexual abuse of a disabled child, such as:

PC 243.4: Aggravated sexual assault occurs when a person touches the intimate parts of another person against that person’s will for the purposes of sexual arousal, gratification, or malice. This code applies when the victim is physically restrained, disabled or medically incapacitated, or coerced by fraud.

PC 261: Felony rape occurs when the perpetrator has sex with a person who cannot give consent due to intoxication, a mental disorder or physical disability, or unconsciousness. Rape can also be propagated by physical force, violence, menace, fear of bodily harm, fear of retaliation, or fraud.

PC 261.5: It is statutory rape when a person over 18 engages in sexual activity with someone under 18, as a “minor” cannot legally consent to “adult” relations. Depending on the age difference, statutory rape can be tried as a misdemeanor or a felony offense.

PC 288: Lewd or lascivious acts with a child occur when an adult touches a child 15 years or younger for the purposes of sexual gratification. Like statutory rape, this charge may be classified as a misdemeanor or a felony, depending on the age gap and relationship.

PC 290: Sex offenders must register on the state’s sex offender list. Tier one, including misdemeanor offenses and indecent exposure, requires registration for at least 10 years. Tier two, including lewd acts with a minor under 14, requires registration for at least 20 years. Tier three, including rape, repeat offenders, and those who commit sex crimes against children under 10, requires registration for life.

PC 368: Sexual assault of a dependent or disabled person, regardless of age, is determined to be a “crime against public decency and good morals.” Under this law, a physically or mentally impaired person receives special protections because they may be on medication or suffer limitations that make it difficult to protect themselves or report criminal activity. In essence, a disabled adult cannot legally “consent” to sexual activity.

PC 11165.7: The Child Abuse and Neglect Reporting Act (CANRA) applies to any person who works with children, including teachers, school administrators, daycare workers, medical professionals, coaches, clergy, and others. If child abuse is known or suspected, these parties must, by law, report to authorities within 36 hours. Failure to do so is a misdemeanor crime, punishable by a fine of up to $1,000 and up to six months in jail. These individuals may also be sued in civil court for their part in the failure to protect a child.

Statute of Limitations to Seek Justice for a Disabled Child

Timing matters in the court of law. Though you may be dealing with a lot of emotions and concerns after learning about a disabled child’s sexual abuse, you should act promptly—not just to preserve evidence, but to guarantee that you have a valid claim in court.

State statutes of limitations are not meant to make it hard on victims, but rather, they are put in place to protect the innocent from frivolous, unsubstantiated claims based on expired evidence. California recently abolished the statute of limitations for pursuing criminal child sex abuse charges. Now criminal charges can be brought at any time. However, if the abuse took place prior to January 1, 2017, the old 10-year deadline may apply.

The civil statute of limitations allows someone to file a civil claim against the sexual abuse of a child up until the child is age 26. In some circumstances, the state’s “rule of delayed discovery” allows for filing within three years of realizing present hardships are related to past sexual abuse.

What to Do If a Child You Care for Has Been Sexually Abused

Seek help for the child. Taking care of the disabled child is undoubtedly your first concern. The attorneys at Lewis & Llewellyn are always happy to provide referrals to the best local care providers. In the San Francisco area, we recommend CALICO, which stands for the Child Abuse, Listening, Interviewing, and Coordination center. Partner Ryan Lewis is a board member of this group, which coordinates effective testimony and recovery during the early aftermath of child sexual abuse. You may also call the RAINN hotline at 1-800-656-4673 to connect with the full spectrum of local resources.

Contact the District Attorney’s Office. When you file a police report, substantial claims may be forwarded to the nearest district attorney to press criminal charges. If convicted, the punishment for rape (a felony in California) is three, six, or eight years in prison. Rape of a minor under the age of 18 can increase the prison term to seven, nine, or 11 years. Rape of a minor under the age of 14 can lead to nine, 11, or 13 years behind bars. When the victim is a disabled person, another layer of punishments can be applied—an extra one, three, or five years in jail; mandatory probation; and inclusion on the state sex offender registry.  

Call a civil attorney. Even if you don’t decide to pursue criminal charges against the perpetrator, filing a civil lawsuit on behalf of the child victim is another option available to you. Benefits of civil litigation may include:

• Financial compensation: Your family could receive money to cover past, present, and future medical expenses related to the sexual abuse (including mental therapy counseling); loss of past, present, and future wages; and emotional pain, suffering, and distress.
• Proven Liability: Civil court uses a lower standard of evidence to arrive at a decision. You must prove that your version of events was 51% or more likely to have happened (a standard based on “the preponderance of evidence.”) In criminal court, you have to prove what happened “beyond a reasonable doubt,” which is 95% or more likely to have happened. So even if you were unsuccessful in criminal court, you can still win in civil.
• Third Party Liability: Civil courts allow for an expanded scope of liability to include institutions responsible for the safety of the disabled child. Beyond the perpetrator, caregivers can sue a school district, daycare, church, medical center, or other establishments in connection with the sexual abuse. Mandatory reporters who knew (or reasonably should have known) about the abuse, but failed to contact authorities, may also be held liable in civil court.
• The Power of Investigation: Many civil attorneys work on a contingency basis, meaning they only get paid for cases they win. With Lewis & Llewellyn, you can rest assured you’ll get a thorough, in-depth investigation. We can subpoena documents, conduct interviews, access police reports, and petition the court to demand the release of sensitive information pertaining to your case. By the time we build the case, you should have a clear picture of what happened, how it happened, and why it happened. For some clients, this is the most rewarding part of working with a civil attorney.   

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.

For survivors of childhood sexual assault, the decision to come forward as an adult doesn’t come easy. Many survivors may feel triggered by discussions fueled by the #MeToo movement or stories involving church sexual abuse in the news, for example. If you’ve decided to come forward and pursue a civil lawsuit against an attacker for childhood sexual assault, an experienced attorney can help you navigate the complex legal system.    

One of the worst things to hear when considering civil justice for childhood sexual assault is that your time to file a lawsuit has expired. While current law allows some adult survivors to file civil lawsuits years after their abuse, some lawmakers in California believe these limits should be expanded further or eliminated completely. This post will define Assembly Bill 218 (AB-218) and what it means for childhood sexual assault survivors in California.

Extending the Statute of Limitations for Childhood Sexual Assault

Under previous legislation in California, childhood sexual abuse survivors had eight years after the age of majority to file a civil lawsuit or within three years of the date of discovering that the psychological injury or illness occurring after the age of majority was caused by sexual abuse. In an effort to extend these statutes of limitations, in January 2019, California Assemblywoman Lorena Gonzalez introduced AB-218 which amends sections of the Code of Civil Procedure and the Government Code relating to childhood sexual abuse.

AB-218 expands the definition of childhood sexual abuse to be referred to as “childhood sexual assault.” The bill also increases the time limit for pursuing litigation to obtain a recovery of damages suffered as a result of childhood sexual assault to 22 years from the date the plaintiff attains the age of majority. It also extends the rule of delayed discovery to within five years of the date the plaintiff discovers or reasonably should have discovered that the psychological injury or illness occurring after the age of majority was caused by sexual assault.

The bill will also allow for a window of three years for the revival of past claims that might have expired due to the statute of limitations. Also, in cases where a child becomes a victim of sexual assault as the result of an effort to cover up past assaults, AB-218 allows a court to award recovery of treble damages against the defendant who engaged in the cover-up.

Why Now?

Due to expiring statutes of limitations, a number of childhood sexual abuse survivors have been unable to pursue compensation for injuries suffered as a result of their abuse. It can take decades for survivors of childhood sexual abuse to come to terms with what happened to them and to come forward. And, according to Assemblywoman Gonzalez, time shouldn’t prevent survivors from obtaining civil justice and compensation for their injuries.   

“The idea that someone who is assaulted as a child can actually run out of time to report that abuse is outrageous,” she said. “More and more, we’re hearing about people who were victims years ago, but were not ready to come forward to tell their story until now.” Her hope is that allowing for an expanded window of time to file a civil lawsuit will protect communities from future abuse.

Lawmakers in New Jersey passed a similar bill in May 2019 that extends the statute of limitations for childhood sexual abuse and allows child victims to sue up until they turn 55 or within seven years of their first realization that the abuse caused them harm. The bill also offers a two-year window to victims who were previously barred by the statute of limitations.

Speak With a Childhood Sexual Assault Attorney

If you have any questions about AB-218 or about your legal options for pursuing justice in a childhood sexual assault case, contact the experienced San Francisco attorneys at Lewis & Llewellyn.

If you are an adult victim or the parent of a victimized child, the aftermath of childhood sexual assault 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.

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.

Male survivors of sexual assault are prominent plaintiffs in lawsuits against the Catholic Church. It was a California man who made headlines last year for suing the Vatican, after all. But we rarely hear about them being sexually assaulted in other situations. This may be due to their fear of coming forward and a fear of how someone may perceive them. Often, men carry the silent burden of childhood sexual assault their whole lives.

More and more, we’re starting to hear stories of men speaking out as #MeToo shifts to #MenToo. In March 2019, 21 men banded together to file a sexual misconduct and discrimination lawsuit against a University of Southern California’s men’s health physician. According to the lawsuit, the doctor watched patients disrobe, made inappropriate remarks, and performed medically unnecessary rectal exams.

Male survivors of sexual assault may find that filing a civil lawsuit is one avenue for seeking justice and healing. This post addresses statistics of male sexual assault, how to seek justice through the courts, differences between criminal and civil proceedings, and where to find an experienced civil attorney in California.

Statistics on Male Sexual Assault: You Are Not Alone

The sexual assault and abuse of men don’t receive as much media attention, but the statistics show that no gender is exempt.

• At least one in six men have been sexually assaulted or abused in some way.
• One in 33 American men has experienced an attempted or completed rape.
• Sixteen percent of males were sexually abused by age 18, according to the CDC.
• Age four holds the greatest risk of a young man being sexually assaulted.
• Nearly a third of gay or bisexual men have been victims of sexual assault.
• The military estimated 6,300 men experienced sexual assault in one year’s time.
• One survey found 1.267 million men were coerced into non-consensual sex in their lives.
• Women were identified as the sexual assailant in 46% of male rape cases surveyed.
• BJS studies of male prison inmates identified at least 900,000 incidents of sexual abuse.
• Eighty-nine percent of male juveniles sexually assaulted in detention were victimized by female guards.
• More than 12,000 male victim sexual assaults are reported each year, says the DOJ.

How Male Survivors of Sexual Assault Can Seek Justice

Regardless of gender, survivors of sexual assault may:

• Press Criminal Charges: To press criminal charges, you must file a police report or contact the local District Attorney’s office directly. After reviewing your case, the district attorney may then decide to take the case to trial. The perpetrator will likely be charged with a crime against the state of California, where you may or may not act as a witness. The perpetrator will either be placed in jail, on probation, fined by the state, and included on the state sex offender registry.  
• File a Civil Claim: To file a civil claim, you must contact a civil attorney specializing in matters of sexual assault and abuse. After reviewing your case, your attorney will decide whether to represent you in settlement negotiations or a court trial before judge and jury. Civil attorneys conduct thorough investigations and build the case for liability. Plaintiffs may sue beyond the perpetrator, going after the institutions and accomplices who turned a blind eye, failed to report the abuse, and allowed the perpetrator to hurt others. Often these third parties—such as the Catholic Church diocese, a school district, the Boy Scouts of America, or an athletic organization—are well-insured and can afford more significant reparations to victims. If successful, your lawsuit could provide compensation for medical treatments, counseling, lost wages or loss of earning capacity, and emotional pain, suffering, and distress.
• Do Both: Your legal avenues are not mutually exclusive. You can press criminal charges and file a civil claim. The standards of evidence are higher in criminal court, so even if you are unsuccessful in securing jail time for the assailant, you may still achieve victory in civil court. If the criminal proceedings turn out in your favor, the civil proceedings often go smoother, as the central facts of the case go undisputed.

Is Your Sexual Assault Case Within California’s Filing Deadline?

The filing deadline for a civil lawsuit is referred to as the statute of limitations. Though the deadlines are all spelled out in various state laws, it can be confusing to determine which law applies to you. You may think of it this way:

Were you sexually assaulted or abused as a minor? According to Section 340.1 of the Code of Civil Procedure, you have until age 26 to file a civil lawsuit against your abuser. To press criminal charges, you may have 10 years (for abuse occurring before January 1, 2017) or an unlimited amount of time (for more recent abuse).

Did you bury your pain deep and only recently discover the reason behind your suffering? With sexual abuse, in particular, the experiences are buried deep, often for years. Victims may feel they have moved on, but painful psychological symptoms are triggered later in life, with disabling side effects. The delayed discovery rule allows up to three years from the realization of harm to file a civil lawsuit.

Male Survivors of Sexual Abuse Should Contact a San Francisco Attorney

It can be challenging to decide whether to press criminal charges or file a civil suit. 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. Whether you are an adult male survivor of sexual abuse or the parent of a victimized child, the aftermath of 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.