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Earlier this year, the Diocese of Oakland released a list naming priests accused of sexual abuse. Along with the accused, the list also includes individuals who have been sued, arrested, and convicted of sexual abuse. Several other dioceses across the United States have begun to publish similar lists in efforts to reassure parishioners amid renewed scrutiny of the Roman Catholic Church.

If you suffered childhood sexual abuse at the hands of a priest, you likely wonder: What do these lists mean? What happens now? The publication of names is just the beginning in the fight for justice. Currently, attorneys in California are working with plaintiffs to verify the names on these lists as well as add any that may have been left off. As you prepare to tell your story, working with an experienced attorney will ensure the right parties are held liable for their part in trying to cover up the abuse or turning a blind eye.     

Are These Lists the Church’s Admission of Liability?

Not exactly. The Roman Catholic Church is governed by the Code of Canon law—all Catholic religious officials are bound by these laws. Canon law has a complex history and it has evolved over time but its ultimate duties to protect the Church and its reputation still stand.

The Church has been dealing with accusations of sexual abuse for decades. Although some accusations date back to the 1950s, molestation by priests in the U.S. and Canada was first given significant media attention in the 1980s. In the 1990s the issue began to grow, with stories emerging in other countries. By the early 2000s, Church sexual abuse was a global issue. In the U.S., determined reporting by the Boston Globe newspaper (as captured in the 2015 film Spotlight) exposed widespread abuse and how pedophile priests were moved around by Church leaders instead of being held accountable. It prompted people to come forward with allegations of sexual abuse across the world.

While the Roman Catholic Church hasn’t come out with an admission of liability, lawsuits are taking place across the country and the Church is being ordered to pay.

Statute of Limitations Limit Ability to Sue Dioceses

Filing deadlines, called statute of limitations, represent the first hurdle when it comes to pressing criminal charges or filing a civil lawsuit for sexual abuse. Many criminal cases of child sexual abuse by priests fall outside the statute of limitations. While the criminal statute was dropped in January 2017, granting plaintiffs limitless time to seek justice, many victims are subject to the old statute of 10 years from the date of the last injury. In addition to pressing criminal charges, minors have until age 26 to pursue the option of filing a civil lawsuit against the diocese.

Exceptions can sometimes be granted, but some of the plaintiffs are taking a different legal route by charging the church with racketeering “like a criminal enterprise,” and evoking the state’s nuisance law, alleging that the diocese created a public hazard through their coverup. Many of these lawsuits are aimed at securing non-monetary terms—putting pressure on dioceses to release crucial, and often damning, evidence that they knew certain priests were abusing children and did nothing to stop it. A landmark Minnesota lawsuit ended in a $210 million settlement spread across 450 plaintiffs. Another similar lawsuit filed in New Jersey obtained a seven-figure settlement in 1993.

What a Successful Church Sexual Abuse Settlement Looks Like

The Roman Catholic Church has an aversion to the public nature of trials. Nearly all successful sexual abuse lawsuits against the Church end in settlement, rather than making it to the courtroom. The scandal has cost the Church over $3 billion so far, according to NPR. In California, dozens of successful lawsuits against the Church have resulted in payouts to individual victims ranging from $400,000 to $3.75 million.

So what does it take to win? First, you have to go after the right party. Suing an individual priest isn’t the route to go. Most lawsuits have targeted dioceses and religious orders, rather than individual priests or parishes, which have little authority over priests. The diocese coffers include cash, stocks, land assets, real estate, and insurance coverage, though at least 20 religious orders have filed for bankruptcy protection.

Next, you need a strong liability claim. Dioceses are considered liable for hiring, supervising, and retaining or dismissing priests. So you must show how the diocese was somehow negligent in these duties. Unlike criminal court, in civil court you need not prove your case “beyond a reasonable doubt”—but, rather, you must show that your story is “more likely than not” to have happened.

Part of the difficulty in these cases is in petitioning for documents and winning their release. Churches are very good recordkeepers, but these books are shrouded in secrecy. If a judge approves, lawyers may obtain complaints of sexual abuse handled internally, the exact dates that demonstrate when the diocese knew of abuse allegations, and what actions were taken (if any) following knowledge of the abuse.

The State of California includes clergy as “mandated reporters,” meaning that individuals who suspect or know about the sexual abuse of minors and fail to report it to police or child protective services are committing a crime. The penalty for mandated reporters ranges from $1,000 to $5,000 in fines and six months to a year in jail.

Looking for a California Attorney Who Will Take Your Case?

It can be difficult finding a lawyer who empathizes with your situation and has the experience to win. 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.

Priests have been accused of sexual abuse for decades but only recently has the Roman Catholic Church decided to release lists naming them. The release of these names has not come with an admission of liability leading to several class-action lawsuits being filed against the Vatican for its role in protecting accused sexual abusers. If you’re interested in filing a class-action or individual 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.

Sexual assault on an airplane is a unique situation. With so many people watching, it’s hard to conceive that anything could happen, but offenders hide behind lavatory doors, beneath blankets, and sometimes brazenly violate others in plain sight, knowing that no one wants to acknowledge reality or “make a scene.” Resources are limited aboard planes, where there is no access to law enforcement until the aircraft lands and a full flight makes changing seats mid-flight a challenge.

Despite the complexities, airlines have a responsibility to keep their passengers safe, whether it’s safe from medical emergencies, fires, crashes, terrorism, or airplane sexual assault. Ignorance is no excuse when it comes to the law. Increasingly, public pressure is forcing airlines to address the issue with regard to their training and protocols. The federal government is involved, as the Federal Aviation Administration (FAA) oversees air travel safety.

In this article, we will discuss the statistics surrounding airplane sexual assault, whether or not registered sex offenders are allowed to board commercial flights, who can be held liable, how airlines should handle incidents of sexual assault, the steps you can take to seek justice after you’ve been sexually assaulted.

How Common Is Airplane Sexual Assault?

Airplane sexual assault is on the rise. FBI investigations into mid-flight sexual assaults have increased 66 percent from 2014 to 2017. According to the bureau, there were:

• 63 reports of sexual assault in 2017
• 57 in 2016
• 40 in 2015, and
• 38 in 2014

One in five flight attendants has either personally witnessed a passenger being sexually assaulted or received a complaint from a passenger regarding sexual assault, according to surveys by the Association of Flight Attendants. Seventy percent of airline attendants say they themselves have been sexually harassed by passengers in flight.

With an average of more than 43,000 flights handled by the FAA each day, and due to the nature of the assault, there are likely many more incidents that have gone unreported. Victims of airplane sexual assault deserve the opportunity to seek justice and pursuing a civil lawsuit is one way to force accountability.   

Can an Airline Be Liable for Airline Sexual Assault?

In recent years, passenger have begun to file lawsuits against airlines following improper handling of in-flight sexual assault. One airline sexual assault victim told CNN: “I felt like no one, no one that was supposed to be in charge, could handle the situation. I kept on feeling… like I’m the one who is doing something wrong, and I’m not being protected.”

• A woman flying from Seattle to Amsterdam sued an airline for “inadequate training, support and protocols” and for “negligence in adequately responding to and investigating” a sexual assault that occurred on board.
• A 23-year-old California woman sued an airline when crew members failed to detain the inebriated passenger who sexually assaulted her during a flight from Chicago to LA.

Alcohol has been found to be a factor in one-third of all passenger disturbances on aircraft. Most airlines have laws preventing visibly intoxicated passengers from boarding the aircraft, and flight attendants from serving alcohol to drunk passengers. Liability can certainly be ascribed to airline carriers when drunk passengers commit sexual assaults on their watch.

When it comes to the sexual assault of airline employees, Title VII of the Civil Rights Act can ascribe airline liability for assaults occurring while airline crew are staying in hotel rooms for layovers or as part of their job duties. Airlines that are aware of crew-on-crew sexual harassment or assault can be held liable for failing to take corrective action.       

A bipartisan group of congresswomen sent a letter to 30 airline executives asking them to step up and address the problem of sexual harassment aboard their flights, as changes through Congress take much longer to implement. Representative Peter DeFazio introduced the Stop Sexual Assault and Harassment in Transportation Act (HR 5857) in May 2018. This bill would provide procedures for dealing with sexual harassment and assaults on aircraft, whether perpetrated by passengers or airline industry workers.

Can Registered Sex Offenders Fly on Airplanes?

Flying with registered sex offenders on board may increase the risk of a sexual assault occurring on board. In an incident in 2016, a woman was groped by a registered sex offender on an overnight flight from Tel Aviv to Newark, New Jersey. He had previously been convicted in 2002 of sexually assaulting an 11-year-old girl in New York.

Registered sex offenders aren’t banned from flying but they do face unique travel restrictions:

• Under International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (H.R. 515), the Department of State is prohibited from issuing a passport to a registered sex offender without a unique identifier, and is allowed to revoke previously issued passports without the identifier. The identifier, printed inside the back cover of the passport booklet, shall read: “The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b.”  
• California sex offenders who are on parole are required to check with their probation officer or the court to get travel permissions. Business, family events, emergencies, and vacations may be allowed, with prior approval.
• The Sex Offender Registration and Notification Act is a federal law requiring registered sex offenders to inform their residence jurisdiction of any intended travel outside of the United States at least 21 days prior to travel.
• Some countries do not accept visitors with a criminal record. For example, registered sex offenders may not board flights from the USA to Canada.

The constitutionality of some of these laws has been challenged in court by sex offenders, but a Bay Area federal judge upheld the legal measure to “protect children from sexual exploitation.”

The passing of these laws is one way to stop airline sexual assault but there are also other improvements that need to be made within the industry.

Improvements Needed to Put an End to Airline Sexual Assault

With increased litigation and legal advocacy, we’re likely to see improvement in many of the following areas:

Data Collection: Logging of complaints is the first step in identifying the scope of the problem. The Trump administration announced the creation of a new task force dedicated to curbing sexual misconduct and assault aboard airlines, which met for the first time in January 2019. The group will review current airline practices in responding to and reporting incidents. They will also provide recommendations to the Aviation Consumer Protection Advisory Committee on how to train, report, and collect data involving sexual misconduct of passengers onboard commercial aircraft.

Training: Flight attendants have been trained in situational awareness to identify nervous passengers, medical emergencies, terrorist threats, and human traffickers. Yet, currently, there’s no FAA-required blueprint on recognizing or dealing with sex offenders. The federal government is looking to make this type of training a priority for airline officials. The proposed Stopping Assault While Flying Enforcement Act of 2017 would require all airline operators in U.S. skies to train flight personnel to respond to sexual assaults in a streamlined manner.

Reporting: One would assume that flight attendants would detain alleged sex offenders and help passengers connect with police officers on the ground to report sexual assaults occurring on board. However, sexual assault allegations are reported to law enforcement less than 50 percent of the time, according to 50,000 flight attendants representing 20 airlines.

Jurisdiction: There is some confusion as to who is in charge of sexual assault investigations that occur in the sky. Technically, the FBI provides oversight for the U.S. airline industry while local law enforcement responds to the gate upon landing.

Environmental Changes: Flight passengers are crammed closer together than ever before, with the average seat size being 16.5 inches wide and an average of 31 inches from the forward seat. This close proximity makes it more likely for passengers to come in contact with one another—whether by accident or on purpose. Changes to the planes themselves and changes in how booked a flight can be are possible, albeit expensive, measures to reduce incidents and improve handling.    

Contact a Sexual Assault Attorney in San Francisco

If you’ve been a victim of airplane sexual assault, don’t hesitate to reach out to a team of lawyers who are ready to fight for the justice you deserve. The assault against you should not go unreported.  

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.

Reports of sexual assault in the fashion industry have come to light in recent years. According to trade group Model Alliance, 87% of models say they’ve been asked to take off their clothes without warning, 30% have encountered inappropriate behavior on the job, and 28% have been propositioned for sex at work.

Federal law prohibits sexual assault in the workplace, protecting those employed by companies of at least 15 employees. Unfortunately, this law doesn’t always apply to those in the modeling and fashion industry who are often employed as independent contractors or freelance agents, not protected by standard labor laws.

If you have experienced sexual assault in the fashion industry, work with a civil attorney to explore your legal options.    

Exploring Legal Options and Calculating the Statute of Limitations

Victims of sexual assault in the fashion industry can decide to either press criminal charges, file a civil lawsuit, or both.

• Press Criminal Charges: Oftentimes, the result of pressing criminal charges leads to the perpetrator of sexual abuse having to pay a fine, serve jail time, or be placed on a sexual offender registry. Once a police report is filed by the victim, the District Attorney chooses whether or not to pursue the charges. The evidence in a criminal case must be conclusive proving that the accused is guilty beyond a reasonable doubt. As of January 1, 2017, there is no time limit for pressing charges in cases of sexual assault. Prior to that, California had a 10-year statute of limitations.
• File a Civil Lawsuit: Typically, a civil lawsuit offers a survivor of sexual abuse a chance to obtain compensation for personal damages suffered as a result of the abuse. Cases are decided based on a preponderance of the evidence, meaning 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. The statute of limitations for filing a civil lawsuit is two years from the date of the incident for the sexual abuse of adults and before age 26 for the sexual abuse of minors.

California civil courts allow for “the rule of delayed discovery,” which allows plaintiffs up to three years from the discovery of harm to file a civil lawsuit. This rule is significant because models may not realize the full extent of the damage done until years later.

“I’m naturally shy, so I just froze, continued shooting, and tried to be as professional as possible. I didn’t want to make a scene,” recalls model Sarah Varacalli, who claims a client asked her questions about her romantic life and propositioned her for sex in exchange for jewelry and cash. “I thought I’d be able to get over it, but the experience has weighed on me. I keep revisiting what happened; it’s difficult to discuss the actual language used in detail or feel closure.”

In cases like Varacalli’s, one might wonder who can be held liable for sexual assault. As it turns out, the perpetrator isn’t the only one who could face repercussions for sexual assault.  

Who Is Liable for Sexual Assault in the Fashion Industry?

Plaintiffs often presume they are limited to suing the fashion photographer or whoever committed the act of sexual assault. This may be true in criminal court, but civil court allows for a broadened scope of liability. It is possible to sue the modeling agency, agents, clients who were aware of predatory activities, and—if you were a minor at the time—any mandatory reporters who knew or should have known about the abuse taking place.

How to Stop Sexual Assault in the Fashion Industry

Seeking personal redemption, punishment for wrongdoers, and compensation for losses could be some of the reasons models come forward with allegations of sexual assault and harassment. Others may hope to enact broader changes within the industry. In order to do so, anyone who has been affected can work to stop sexual assault in the fashion industry by:  

• Speaking up. A culture of compliance is necessary for sexual predators to continue to abuse others, which is why speaking up is an important first step. Some of the people enabling the sexual predators confess they didn’t fully realize what they were doing until years after leaving the industry. So many sexual assault reports are stifled because models assume nothing will come of it. Along with awareness comes intolerance for injustice.
• Pushing for industry change. Last year, the fashion industry unveiled new guidelines to tackle sexual harassment and assault. The Council of Fashion Designers of America demands that designers, show producers, and photographers provide “spaces where models can change in privacy.”
• Pushing for legislative change. As of January 1, 2019, California models are protected by the Talent Protections Act (AB 2338), which, in part, requires talent agencies to create educational materials about sexual harassment prevention and retaliation. Any minor starting in the industry and their legal guardian will receive training on preventing and reporting sexual abuse.

Across the country, bills are being proposed that clarify where legal liability for fashion-industry-related sexual harassment lies.

Contact California Sexual Assault Attorneys for Justice

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 laws that attorneys can pursue to hold modeling agencies accountable for their actions or inactions. For this reason, it is imperative that you find a law firm with particular expertise in litigating sexual assault cases relative to the fashion industry. An experienced sexual abuse attorney will know exactly who to sue for sexual assault in the fashion industry.

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.

Victims of trafficking are often coerced or held against their will and forced to perform services. Many of these victims are young children, and most are forced into hazardous jobs like sex trafficking, drug dealing, and quarry work. The International Labour Organization estimates that there are 40.3 million victims of human trafficking globally. Over 8,500 reports flooded the National Human Trafficking Hotline in the U.S. last year, according to the White House. If you have been a victim of sex trafficking, you may be able to obtain compensation for personal damages suffered by filing a sex trafficking lawsuit.

In this article, you’ll learn:

• Which legislative efforts that make it easier to sue perpetrators of sex trafficking crimes,
• Who can be held liable for sex trafficking in civil court,
• What the statute of limitations are for punishing traffickers criminally and civilly, and
• How to seek financial compensation for your losses.

Find out how working with an experienced attorney will help you obtain the justice you deserve.  

New Legislation Paves the Way for Sex Trafficking Lawsuits

With the number of sex trafficking victims growing, new legislation has been put into place in efforts to prevent further growth.

• Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act: President Trump signed a law on Jan. 8, 2019 which authorized $430 million to be spent over the next four years to help combat sex and labor trafficking both in the United States and abroad. The law strengthens programs to help survivors and improve prevention, investigative, and prosecution efforts. 

“This is an urgent humanitarian issue,” the President explained. “My administration is committed to leveraging every resource we have to confront this threat, to support the victims and survivors, and to hold traffickers accountable for their heinous crimes.”

• Stop Enabling Sex Traffickers Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA): FOSTA-SESTA became law on April 11, 2018, ending the Section 230 safe harbor within the 1996 Communications Decency Act, thus opening civil liability against websites like Facebook and Backpage.

The amendment to the Communications Act of 1934 clarifies that section 230 cannot be used to prohibit the enforcement of Federal and State criminal and civil law relating to “sexual exploitation of children or sex trafficking, and for other purposes.”

According to Senator Rob Portman, who spearheaded the legislative effort, reports of child sex trafficking increased 846% from 2010 to 2015, when the adult classified section flourished on Backpage. The site faced numerous legal disputes but used Section 230 to shield itself from liability—which was meant to protect free speech, not apply to companies that knowingly facilitate sex trafficking.

The adult listings on Backpage were suspended in January 2017. Similarly, Craigslist ended their personal ads with the passage of the bill.

Who Can Be Held Liable for Enabling Sex Trafficking Abuses?

Individuals responsible for sex trafficking are typically prosecuted by the District Attorney in criminal proceedings, with the end goal being to put criminals behind bars. This path to justice helps society but does little for the victims who may suffer adverse effects of their time in captivity. In addition to pressing criminal charges against individuals, you may turn to civil court to seek personal restitution in an effort to obtain the best possible treatment and recovery in the years to come.

Civil courts cast a broader net to look at: Who facilitated or enabled sex trafficking? Who should have spoken up to authorities, but turned a blind eye? Who had a legal duty to protect you from sexual predators?

Sex trafficking lawsuits may implicate multiple third parties with success, depending upon the unique circumstances of your case:

• The people running the operation: Not only can individuals or groups directly responsible faces criminal fines and jail time, but these same perpetrators of crime can be held liable for paying civil damages, too.
• Online websites and marketplaces: “Interactive computer service providers” are legally expected to moderate their users’ defamatory and obscene content.
• Hotels: If a hotel operator rents a room to a trafficker or buyer of sex, the hotel itself can be held liable for damages suffered by a sex trafficking victim.
• Casinos, restaurants, bars, nightclubs, concert venues, sports arenas, banks, advertisers, truck stops, and transportation companies: Anyone who serves sex traffickers and their clientele can be held liable for the acts committed if they knew or should have reasonably known of the criminal activities taking place.
• Businesses in construction, agriculture, mining, forestry, fishing, textiles, and manufacturing: Any business employing child or trafficked laborers can be prosecuted against by victims who do not receive financial compensation for their labor. In Pattaiso v. Alahmad, the plaintiff settled with two labor recruiters for $3,000 after a trafficker forced her to work during her 13-year captivity.
• Doctors, psychiatrists, pharmaceutical workers: Trafficked workers are sometimes put onto prescription drugs to maintain a state of compliance. Those who knew or should have known these prescriptions were being abused possess a legal liability, as evidenced by the case of Doe vs. Dabbagh, where a trafficked girl received a settlement after a psychiatrist she was seeing prescribed the drugs that aided in forcing her into prostitution. Medical professionals possess training to identify sex traffic victims and have a legal duty as mandated reporters  to contact the police regarding their suspicions.

How Will the Statute of Limitations Affect My Lawsuit?

The State of California’s Civil Code §52.5 allows human trafficking survivors seven years (from
the date of freedom) or up to 10 years of attaining the age of majority for child sex trafficking victims to file a civil claim.

The statute may be tolled in cases where:

• The plaintiff is a minor, incapable of making legal decisions.
• The defendant interferes with the plaintiff’s right to pursue justice.
• It is impossible to file a lawsuit at the time due to injury, disability, or incapacitation.
• A lack of knowledge prevents the filing of a claim.
• Criminal proceedings are underway.

Federally, as per 18 U.S. Code § 159, some forms of sex trafficking do not have a statute of limitation.

How to Seek Assistance and Compensation for Your Losses

Once you have obtained freedom from your situation, consider the government resources
available to you as a survivor of sex trafficking. The following websites can connect you with everything from food, clothing, and shelter aid to educational grant money and refugee status:

• The Office for Victims of Crime
• The Office of Juvenile Justice and Delinquency Prevention (minors)
• Office on Trafficking In Persons / The US Dept. of Health & Human Services

Seeking justice is the next step. Contacting a civil attorney can help you secure additional compensation from those who wronged you. Civil lawyers advocate for you to receive money for:

• Past, present, and future medical bills, including physical and psychological care
• Past, present, and future loss of wages or loss of earning capacity
• Intentional infliction of emotional pain and suffering
• Attorney fees
• Punitive damages (up to three times the amount of the actual damages)

The intangible damages for emotional pain and suffering can be quite high in some cases. Past awards have included up to $800 per day of servitude, according to the Human Trafficking Legal Center.

Contact a Sexual Assault Attorney Who Can Help

While no amount of money can be guaranteed when filing a sex trafficking lawsuit, seeking a legal representative with a proven track record of fighting for the rights of the sexually abused gives you the best chance for maximum recovery.

The attorneys at Lewis & Llewellyn are dedicated to helping victims of sex trafficking and sexual abuse. We construct a winning legal argument on your behalf, thoroughly investigate the case, secure expert and eyewitness testimony, and help you connect with local resources for medical treatment and rehabilitation. As compassionate advocates for the mistreated and abused, our fight doesn’t end until we’ve obtained the recovery 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.

In civil court, the perpetrator of sexual assault isn’t the only one who can be held liable. Civil courts allow victims the opportunity to sue third parties for sexual assault, including property landlords. This liability is particularly helpful when the identity of the perpetrator is unknown or when the perpetrator can’t afford to compensate the plaintiff for personal damages suffered as a result of the abuse.

If you were sexually assaulted on your rental property and your landlord failed to uphold their end of the rental agreement, they can be held liable. In this article, you will learn the legal responsibilities of a landlord when it comes to the safety of their tenants and how to obtain a recovery in civil court for landlord negligence.  

What Liability Does a California Landlord Have in Preventing Sexual Assault?

Plaintiffs must prove that the landlord knew or should have known of a danger or risk to tenants and failed to take protective measures. In the State of California, the courts have become more willing to hold landlords accountable when sexual assaults occur on their properties.

The elements of a landlord negligence lawsuit include:

• Duty of care: Landlords have a legal requirement to reasonably protect tenants from harm by following the generally accepted standard of care assumed by other landlords.  
• Breach of duty: The landlord, in some way, failed to provide adequate protection.
• Causation: The breach of duty directly led to the adverse event.
• Damages: The tenant suffered injury and loss as a result of the landlord’s breached duty.

California law dictates that landlords are responsible for:

• Securing all common areas of the rental property (CAL. CIV. CODE § 1941.3): Landlords owe tenants a duty of care to secure common areas such as lobbies, stairwells, elevators, hallways, laundry facilities, parking lots, gyms, rec rooms, and swimming pools under their control. Security measures include: properly securing doors with locking mechanisms to prohibit strangers from entering and providing sufficient lighting. Additional optional measures, depending on the neighborhood, may include video surveillance, security gates at the entrance, motion sensors, and security guards.    
• Installing basic security features on each resident’s unit (CAL. CIV. CODE § 1941.3): Basic security features include: secure doors with functional key locks, working locks for all windows, appropriate lighting fixtures outside the unit, smoke detectors, and carbon monoxide detectors. California landlords with tenant contracts signed on or after July 1, 1998 must install and maintain a deadbolt lock on all swinging entry doors in the tenant’s unit. Tenants are responsible for notifying the landlord if a door or window lock is inoperable and the landlord must undertake repairs within a reasonable timeframe.
• Taking “reasonable measures” to protect tenants from “foreseeable” crime (CAL. CIV. CODE § 1714): A landlord can be held liable for third-party criminal activity such as assault, battery, robbery, rape, and murder when the landlord knew or should have known about an increased risk of crime and failed to take action. While a landlord can’t deny a person housing based on past history of drug or gang activity under the Fair Housing Act, the landlord can and should take measures to file police reports, warn, or evict tenants engaging in such behavior on the premises.
• Abiding by restraining orders and acting upon police reports (CAL CIV CODE 1941.5): Landlords have a legal responsibility to change the locks of a tenant’s unit within 24 hours when a vulnerable tenant notifies the landlord of a police report or restraining order related to domestic violence, sexual assault, or stalking. As per the Safe Housing Act, a tenant who has such a complaint about another tenant in the complex may be released from their lease or force the offending tenant out. A victim may terminate a lease with 14 days’ notice and proof of victim status (CIV. CODE 1946.7). A landlord cannot retaliate against a sexual assault victim by refusing to renew tenancy (CIV. CODE 1161.3).
• Informing tenants of their right to seek information about their neighbors (CAL. CIV. CODE 2079.10a): All rental contracts must include language informing residents of their right to access registered sex offender information at www.meganslaw.ca.gov. The onus is then on residents to determine whether any risks exist in the residential complex.

Surprisingly, California landlords are not required to screen a prospective tenant’s criminal record and must not discriminate prospective tenants—even those who appear in the Megan’s Law database. Since California law prohibits consumer reports from including arrests, indictments, or misdemeanors that did not result in conviction or crimes that occurred more than seven years ago, screening may not provide an adequate risk assessment.

Landlords Can Also Be Sued Directly for Sexual Harassment

Naturally, landlords and property managers are not above the law. Sometimes they are the direct defendants in sexual assault or harassment cases. CAL. CIV. CODE 51.9 defines landlords as one of the parties that has a “professional relationship.” As such, landlords must not make sexual advances, requests, solicitations, or demands for sexual compliance with their tenants. They must not engage in visual, verbal, or physical unwelcome sexual conduct based on gender.

State and federal fair housing laws hold that a landlord can’t deflect liability onto a property manager or maintenance worker. The landlords themselves can be found legally and financially responsible for employees who sexually assault or harass tenants.  

An Example of Landlord Negligence in Court

A landlord negligence ruling in Houston, TX determined that property owners have a legal responsibility to notify residents of danger. A woman was sexually assaulted by a masked man for more than 10 hours in her apartment complex. According to her lawsuit, apartment officials were aware of a break-in and attempted rape next door a few weeks earlier, but failed to notify residents that a sexual predator was at large. Instead, they issued a notice that an apartment had been “broken into,” without indicating the severity of the crime. The jury awarded a $20 million verdict in favor of the plaintiff, which included $7 million for physical pain and mental anguish, $5 million for future mental anguish, and $8 million for forbidden conduct. The perpetrator was eventually caught and sentenced to 20 years in state prison.

Contact California Attorneys to Fight Landlord Negligence

Due to the complex nature of sexual abuse, it’s best to retain an attorney who has substantial experience and knows how to navigate various types of sexual abuse cases, including those that occurred as a result of landlord negligence. It’s important to have an attorney who can foresee what damages can reasonably be gained, given your unique circumstances. The right lawyer will be devoted to the cause of justice for sexual abuse survivors and will serve as your advocate and confidant throughout the litigation process.   

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 pervasive use of secrecy provisions to prevent victims of sexual assault and abuse from speaking about their situations has prompted new legislation in California. State Senator Connie Leyva authored the bill, which was also sponsored by the Consumer Attorneys of California and the Screen Actors Guild.

“For decades, secret settlements have been used by wealthy and well-connected perpetrators to offend repeatedly with no public accountability,” Senator Levya said. “SB 820 will finally lift the curtain of secrecy that has continued to protect these perpetrators by forcing their victims to remain silent.”

In recent years, predators like film producer Harvey Weinstein have used non-disclosure agreements for protection. The senator’s hope is that a bright light will shine on deplorable behavior and deter offenders who think they can get away with sexual harassment, assault, or discrimination simply by writing a check and compelling victims to stay silent with unfair contractual obligations.

Since its introduction, Senate Bill 820 (SB820) has received widespread support from Attorney General Xavier Becerra, the American Association of University Women, the California Employment Lawyers Association, the Congress of California Seniors, the Crime Victims United of California, AFL-CIO, and the Equal Rights Advocates.

“California took a step in the right direction to restrict the use of secret settlements as a legal tool to silence survivors of sexual harassment,” added Attorney General Becerra. “Non-disclosure agreements or secret settlements rob victims of the right to speak up about their claims. They shield harassers from public scrutiny and allow repeat offenders to continue these despicable acts.”

California Bans Secret Settlements

California’s SB 820 prohibits courts from preventing the disclosure of factual information related to a sexual assault, sexual harassment, or sexual discrimination action, as a matter of law and against public policy. In the workplace, SB 820 prohibits employers from requiring employees to sign confidentiality or non-disclosure agreements pertaining to sexual harassment, assault, and discrimination.

At least 16 states have introduced bills to restrict the use of non-disclosure agreements by private employers. As California bans secret settlements for 2019, it joins six other states that have enacted similar legislation over the past year, including Arizona, Maryland, New York, Tennessee, Vermont, and Washington.

When Does SB 820 Go Into Effect?

SB 820 was signed after a 5-1 vote in September 2018 and went into effect on January 1, 2019. Any workplace or legal contract signed as of January 1, 2019 must not include a confidentiality agreement that benefits the defendant. However, if you signed a contract prior to 2019 or are currently in pre-litigation stages, the old laws may apply to your case.  

Can Plaintiffs Request a Secret Settlement?

Naturally, you may desire privacy and secrecy of your identity. Many sexual abuse survivors prefer to remain anonymous to the public. There is a misconception that confidential agreements are “hush money,” but they are always voluntary, with victims able to tell their stories publicly if they are not happy with the terms of the settlement.

SB 820 was written so that plaintiffs may still request confidentiality in their settlements if they so desire. As California State Senator Connie M. Leyva puts it: “SB 820 will not prevent people from mutually agreeing to settle, but it will simply prevent the perpetrator from requiring the victim to remain silent about the harassment as a condition of settlement.”

SB 820 allows settlement agreements that shield:

• the amount paid
• the identity of the claimant
• all facts that could lead to the discovery of the claimant’s identity

Before you agree to a confidentiality clause, keep in mind that this may affect your tax liability and limit your ability to deduct the payment and attorney’s fees from your taxes. However, in some cases, we may be able to get your tax liability added onto the settlement or jury award, so the effect will be negligible.  

San Francisco Sexual Abuse Attorneys Can Help

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 the Department of Defense’s 2018 report on Sexual Assault in the Military, the reporting of sexual assault in the military has increased by 10 percent in one year’s time. The Department of Defense encourages reporting of sexual assaults so that military men and women can be connected with restorative care, and perpetrators can be held appropriately responsible for violating the military code of ethics and the law.

In this article, you’ll learn the differences between military, criminal, and civil court; the statute of limitations for pressing charges; the benefits of civil litigation; and where to seek help.

Should Your Case Be Fought in Military, Criminal, or Civil Court?

When it comes sexual assault in the military, a survivor can have their case heard in either military court, criminal court, civil court, or all three.

Military Court

The Uniform Code of Military Justice (UCMJ) is the legal framework that governs all branches of the United States military and is enforced in military court cases. According to UCMJ Article 120, a service member of the U.S. military who rapes, sexually assaults, or physically abuses or threatens to abuse another person with sexual contact, groping or unwanted sexual advances will likely face prison time with sentences ranging from seven years to life; dishonorable discharge and the decimation of character and reputation, both inside and outside the military; and loss of health care benefits, military pension, and pay. A service member who faces trial in military court can also face trial in civilian criminal court for the same incident, even if he or she were acquitted in either court. This is due to the doctrine of separate, or dual, sovereigns.

Criminal Court

After filing a local police report, the officers in charge of your investigation will forward the paperwork to the district attorney if there are sufficient grounds for arrest. The end goal is to determine the guilt or innocence of the accused, in light of state laws—and, if found guilty, to set an appropriate punishment. The perpetrator would likely serve time in jail, be required to pay fines to the state, be placed on probation, and have their name placed on a sex offender registry.   

Civil Court

In civil court, the chief objective is to obtain financial compensation to cover personal losses related to past, present, and future medical expenses—including the cost of therapy and substance abuse rehabilitation; loss of employment or reduced capacity to work; emotional pain and suffering; loss of enjoyment in life; relocation expenses; and punitive damages. It is worth noting that the standard of evidence is lower in civil court than in criminal or military court. This means that an attorney needs only to prove the events were “51% or more likely to have occurred,” rather than proving the defendant’s guilt “beyond a reasonable doubt.”

What Are the Statute of Limitations for Sexual Assault in the Military?

The statute of limitations is a deadline for pressing criminal charges or filing a civil lawsuit seeking compensation. It’s important to keep in mind that criminal and civil proceedings are treated differently by law and different timelines apply. If you are pursuing litigation for an incident of sexual assault in the military, the statute of limitations are as follows:

• Military court: In February 2018, the military’s highest court ruled that there would be a five-year statute of limitations. Previously, there was no statute of limitations. Technically, anyone facing a rape allegation from the fall of 1986 through the fall of 2006 could have been sentenced to death under military criteria, though there were no capital sentences during that time.  
• Criminal Court: If you wish to press criminal charges in California, you have 10 years from the date of the most recent assault if you were assaulted prior to January 1, 2017. If you were assaulted within the last two years, the passage of SB 813 ending the 10-year criminal statute of limitations on rape, forcible sodomy, and child molestation gives you an unlimited window to press criminal charges.
• Civil court: On September 29th, 2018, the California State Assembly passed AB 1619, extending the civil statute of limitations for sexual assault of an adult from two years to 10 years from the date of the most recent assault.

Benefits of Seeking Civil Litigation for Sexual Assault in the Military

Even if the statute of limitations has run out in your case, there’s still hope in civil court. Of the sexually assaulted service members each year, very few report it while serving active duty, due to lack of confidence in the system, embarrassment, or fears of retaliation. Years later, you may have no choice but to seek help if you are experiencing flashbacks, nightmares, depression, anxiety, insomnia, sexual discomfort, PTSD, strange aversions, and other latent effects. An experienced attorney can build a civil case to prove you needed more than the 10-year deadline to file your particular complaint.

California law allows for delayed discovery. This means plaintiffs can file suit within three years from the date they discover or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault. Seeking financial compensation through the civil court system can help pay for the necessary therapy, rehabilitation, and medication if necessary.

Another benefit to having your case fought in civil court is that liability may extend to third parties beyond the perpetrator. Not only is the perpetrator held responsible for the assault, but you can also sue leaders up the chain of command who failed to follow military protocol to maintain a safe work environment, conduct climate assessments, report sexual assault, or provide sexual assault awareness and prevention training.

How California Sexual Assault Attorneys Can Help

Incidents of sexual assault in the military should not be ignored. Large organizations may try to silence survivors or turn a blind eye to sexual assault but a passionate attorney won’t stop fighting until justice is served. If you’ve decided to pursue litigation, 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.

Violence occurs in every country around the world, regardless of political affiliation, economic prosperity, or culture. Societal attitudes toward sexual assault can vary greatly from country to country and the support you receive from local law officials can be surprisingly inadequate. Knowing who to call and what to do if you’ve been sexually assaulted in another country can make a big difference in your pursuit of justice and the eventual outcome.

What to Do If You’ve Been Sexually Assaulted in Another Country

Seek medical attention. No matter where in the world you are, if you’ve been sexually assaulted, getting a medical exam should be one of the first steps. Even if you have no intention of speaking with local authorities, visit a hospital. Avoid changing your clothes, showering, bathing, brushing your teeth, using the restroom, combing your hair, or washing your hands to preserve evidence. Not every medical professional will have experience with the medical forensic examination known as “a rape kit,” but access is increasing in far-flung places like India and South Africa. Forensic evidence can be extremely compelling in a sexual assault case. Be sure to take photographic evidence and keep a copy of all documents for your records.

Contact Pathways to Safety International. This US-based group helps provide support for medical, emotional, and legal needs. The group works to provide you with transportation to your hotel or the US Embassy, information on a reputable hospital, access to a mental health counselor, and an English-speaking lawyer. They will let you know if it’s safe to report the assault to the police, the American Embassy, or a lawyer. In 2016, they helped some 415 sexually assaulted women in 41 countries.

Contact the US Department of State Bureau of Consular Affairs. The State Department is designed to assist U.S. citizens who become victims of crime while abroad. They can help connect you with local and US-based resources. They may assist in reaching out to loved ones, finding appropriate medical care, exploring financial assistance options in getting back home, replacing a lost or stolen passport, and finding English-speaking lawyers. The State Department does not investigate crimes directly, act as a legal advocate in court, serve as a translator, or pay expenses for you.

Apply for financial assistance through the It Happened to Alexa Foundation. This organization facilitates the prosecution of sex offenders by providing financial and emotional support and advocacy assistance during trial proceedings. It’s not uncommon for trials to require a handful of trips, no matter how far you live from the location of the proceedings. Residents of California may also apply to the California Victim Compensation Board for financial assistance.

Contact RAINN to learn more about counseling when you return home. Chatting with a support specialist from the Rape, Abuse & Incest National Network (RAINN) provides you with free, confidential, anonymous, 24/7 emotional support and helps you take the next step toward healing and recovery.

Reach out to a sexual assault attorney. An experienced attorney can help you recover any losses suffered as a result of the sexual assault. Having your case fought in civil court by a passionate attorney will help you obtain the justice you deserve.     

Do U.S. Laws Apply to Sexual Assault in Another Country?

If you are a U.S. citizen and the assault took place in a foreign country, you may be wondering which country’s laws apply. There has been some discussion about extending Title IX law to students who study abroad. But, for the most part, local laws will apply to your case. If the sexual assault overseas involves an American-based third party, there may be a legal angle to apply U.S. law to your circumstances.

Regardless, there are basic international laws of human decency that transcend all borders. The International Committee of the Red Cross states: “Rape, and other forms of sexual violence that amount to serious violations of international humanitarian law, entail individual criminal responsibility and must be prosecuted. All States are obliged to criminalize these violations under domestic law, and to effectively investigate and prosecute any instance of sexual violence.”

Can Legal Action Be Taken Against a Cruise Ship Operator?

Sexual assault abroad is a huge issue on cruise ships. Out of the 92 alleged cruise ship crimes in 2016, there were 62 reported sexual assaults—a third of the assaults involving minors, according to NBC News. When abuse occurs at sea, it is up to cruise company security to take immediate care of the victim and file the report if desired.

Jurisdiction could be a mix of federal, local, and foreign laws. For example:

• If the victim or perpetrator is an American national and the ship sails from or to a U.S. port, then the FBI may have jurisdiction.
• If the vessel is located outside the U.S., the perpetrator is a foreign national, and the points of embarkation or debarkation are located in other countries, then different laws may apply.
• Since the Cruise Vessel Security and Safety Act of 2010, cruise passengers have the right to:
  • A security guide outlining criminal law procedures and U.S. embassy/consulate locations.
  • A sexual assault forensic exam taken on board in the immediate aftermath.
  • Confidentiality and support services, including medical staff and counselors.
  • Contact the FBI, U.S. Coast Guard, and Department of Transportation for advice.

Strict liability can be imposed when an on-duty cruise ship crew member sexually assaults a passenger, or when sexual activity involves a minor under 16 years of age. Cruise ship operators may be deemed liable if they give out a room key to unauthorized personnel, over-served alcohol, or ignored other problematic activities from the individual without reprimand.

Can Legal Action Be Taken Against a Resort?

In October 2017, a lawsuit was filed on behalf of an East Bay doctor and mother of two after she was sexually assaulted by a waiter at a luxury resort in Cabo San Lucas. The lawsuit contends that the resort’s California-based parent company was negligent in hiring a waiter whose Facebook account showed clearly deviant material. The suit also included charges of fraud, misrepresentation, and false advertising after the company tried to dodge liability by claiming it didn’t actually own or operate the property in Cabo, despite claims on its website and marketing materials.

Generally, in other countries, sexual assaults by employees are held to be outside the scope of employment. In one account, a woman from Indiana was assaulted by three Cuban National soccer players while staying at a Jamaican resort. Despite the rape kit, the police lineup identification, the local police report, hotel staff security surveillance, and U.S. Embassy intervention, the lawsuit filed against the Cuban government was unsuccessful. A judge dismissed the lawsuit, stating that the soccer players “weren’t acting within the scope of their employment as Cuban athletes when they attacked her.” In most cases, an employer can be held liable for the actions of its employees when the attack occurs within employer-authorized time and space.

An employer can be held accountable for:

• negligent hiring: when they knew or should have known an employee was unfit for duty
• negligent retention: when they failed to train, remediate, or fire unfit workers
• negligent supervision: when they failed to supervise and evaluate employees for safety

Other Laws That May Apply When It Comes to Child Sex Crimes Abroad

Federal Law allows for extraterritorial jurisdiction over sex offenses against minors under 18:

• 18 U.S.C. § 2423(d): Travel with intent to engage in illicit sexual conduct
• 18 U.S.C. § 2423(c): Engaging in illicit sexual conduct in foreign places
• 18 U.S.C. §§ 2251(c) and 2260(a): Production of Child Pornography outside the United States
• 18 U.S.C. § 1591: Sex Trafficking of children by force, fraud, or coercion

In these instances, the United States has the legal authority to prosecute criminal conduct that took place outside its borders.      

Seeking Justice After Sexual Assault in Another Country

When police reports, meetings with the Embassy, and criminal proceedings don’t turn out the way you expected, an experienced sexual assault attorney can help. Regardless of what happens in criminal court, working with a civil lawyer can help you explore what to do if you’ve been sexually assaulted in another country.

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.

Rarely does a sexual predator assault a child, suddenly and without warning. More commonly, they select a target and gradually groom the child to accept their abusive behavior. Subtleties include pats on the back, praise, reiteration of a “special relationship,” calls for secrecy, and alone time. For this reason, California law calls for mandated reporters to exercise vigilance in their communities. The list of mandated reporters includes teachers, instructional aides, school employees, and anyone whose job involves the direct supervision of minors.

According to the Child Abuse and Neglect Reporting Act (CANRA), mandated reporters must contact the police department, county welfare department, or juvenile probation office to report known or suspected child abuse. They are required to report suspicious behavior or abuse that they’ve witnessed first-hand or became aware. Failure to report could lead to legal action being taken against a mandated reporter and their business or institution.

High-Profile Examples of Failure to Report Child Sexual Abuse

Mandated reporters are a crucial lifeline for children who are being abused behind closed doors. When institutions turn a blind eye or try to handle complaints internally, the end result could be a case of liability to be decided in civil court.

Many instances of mandated reporters’ failure to report child sexual abuse have led to school districts in California being sued for the role school personnel played in facilitating the abuse.  

• In May 2018, a school district in Torrance, California reached a $31 million settlement with the parents of 22 teenage boys for sexual assaults perpetrated by one of the district’s wrestling coach. The former coach was sentenced to 69 years to life in prison for the molestation of 25 boys between ages 13 to 15 during a two-year period where he claimed to perform “skin checks” for ringworm, among other unlawful acts. Charges against him dated back to an unauthorized camping trip with an 11-year-old boy in 1991, but jurors deadlocked on the case. Civil lawsuits allege that the boy’s complaint had been known to administration since at least 2007, but they failed to act, and that the “skin checks” were known to school officials well before his removal.
• In October 2018, the parents of a middle school student sued a San Francisco school district after a teacher was arrested on 30 charges of lewd and lascivious acts with four boys ages 13 to 14. Years before the arrest, a parent photographed the teacher with his arms around a young boy and turned the pictures over to the school principal who, according to the lawsuit, instructed the assistant principal to shred the photo and reprimand the teacher, rather than documenting the complaint, as required by law.
• A December 2018 lawsuit claimed that a Riverside school aide molested three elementary school students but the district failed to conduct a background check that would have revealed a past checkered with sexual misconduct allegations. The district also failed to investigate complaints from teachers and students. Records also alleged that the school district destroyed evidence, falsified reports, and withheld documents to obstruct the police investigation. The school district ultimately agreed to pay $6.2 million to settle the lawsuit.

Not only does the failure to report end up being a case of liability against institutions such as schools, when workers with direct or indirect knowledge of abuse tell the wrong people or fail to come forward, the consequences can be traumatic and enduring for victims.

When mandated reporters in California fail to make required reports or when administrators impede the creation of required reports, they are guilty of a misdemeanor crime punishable by a fine of $1,000 and up to six months in jail. When the abuse results in grievous bodily harm or death, the punishment increases to a fine of $5,000 and up to one year in jail.

Understanding the Child Abuse and Neglect Reporting Act

Proper mandated reporter training is needed to clarify the signs of abuse and when it is necessary to intervene. In a 2017 meta-analysis, mandated reporters admitted they were reluctant to report in the absence of obvious physical injuries and 73% said they were unhappy with the process and worried the child was inadequately protected after the report was filed.

Simply put, if you work with children, you look out for them. As a mandated reporter, if a child tells you sexual abuse is taking place or if you witness inappropriate behavior, you are required to make a report. It’s not up to you to determine whether the suspicion is valid or backed by evidence. Your job is to raise the red flag to notify investigators to take a closer look.

Some prosecutors claim failure to comply with California’s mandated reporter law make cases difficult to pursue. How can law enforcement know when a mandated reporter has a reasonable suspicion but fails to report it? How do investigators know which individuals had access to information, and which did not? The facts can be difficult to come by, though not necessarily impossible for a skilled legal team.

California Sexual Abuse Attorneys Aren’t Afraid to Fight

In addition to going after the perpetrator, you may also sue a number of third-party entities whose failure to abide by the Child Abuse and Neglect Reporting Act allowed the abuse to take place. Let a passionate and experienced attorney step up and fight for justice, especially if a mandated reporter failed to do so.  

Lewis & Llewellyn has been taking a stand against sexual abuse in schools for years. We have the experienced litigators, knowledge of the law, and the resources necessary to take on your case and win. Our law firm secured a $2.85 million recovery in a lawsuit against a California school district after it was discovered school officials ignored a student’s allegations of sexual abuse by teachers.

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.

Child sexual abuse requires a culture of silence to continue. Though it’s unthinkable, there are people who would look the other way to save face, rather than protect a vulnerable child. In 2002, Penn State University’s graduate assistant reported up the chain of command to the football team’s head coach that he witnessed the assistant coach molesting a student in the shower. Penn State administrators discussed the reports internally but failed to report the abuse.

It took a decade before the assistant coach was arrested for the sexual abuse. After the graduate assistant testified in 2011, school administrators fired him, which led to a downward spiral of unemployment. Being a mandated reporter isn’t always easy, but the repercussions of failing to report could cost so much more. The defamed whistleblower eventually filed a lawsuit against Penn State and won a record $12.3 million in economic and punitive damages. Since then, Penn State has amended their “chain of command” reporting and directed mandatory reporters through the appropriate reporting channels.

What follows is a discussion of California’s mandated reporter law, including who meets the criteria of a mandated reporter, what they must do according to the law, what happens if they don’t fulfill this duty, and what to expect after a mandated report is filed. When the proper steps are not taken in promptly addressing and preventing child abuse, third parties can be held liable for the abuse in criminal and civil court.

What is California’s Mandated Reporter Law?

California’s mandated reporter law, also known as the Child Abuse and Neglect Reporting Act (CANRA) is outlined in Penal Code Sec. 11165.7. State law requires designated mandated reporters to report suspected or known abuse, neglect, or exploitation of a child under age 18. Reporters may view the abuse as first-hand eyewitnesses or they may simply have a reasonable suspicion based upon facts and observations.

The following types of child abuse, neglect, or exploitation must be reported to protect the victim:

• sexual assault, rape, or grooming
• exploitation, including prostitution, pornography, and exhibitionism
• general or severe neglect, such as failing to feed, clothe, or shelter the child  
• physical abuse and the willful injuring of a child
• emotional maltreatment, including blaming, belittling, objectifying, and refusing love

Who is a Mandated Reporter in California?

The list of mandatory reporters in California includes:

• teachers and instructional aides in public and private schools and Head Start programs
• classified employees of public schools, school district police, and school security
• administrative officers or supervisors of child welfare and attendance
• administrators or employees of public or private day camps
• administrators or employees of child centers, youth organizations, and recreation programs
• administrators or employees of public or private organizations that involve child contact and supervision
• State Department of Education employees
• licensed child day care facility licensees, administrators, or employees
• licensed workers or evaluators
• public assistance workers
• foster parents, group home personnel, and residential care facility personnel
• social workers, child visitation monitors, probation officers, and parole officers
• administrators, presenters, or counselors in a child abuse prevention program in public/private schools
• district attorney investigators, inspectors, and child support agency caseworkers
• peace officers, firefighters (except for volunteer firefighters), and emergency medical technicians
• any medical care professional, including residents and interns
• psychological assistants, counselors, and therapists
• state or county public health employees treating minors for venereal disease
• medical examiners and coroners performing autopsies
• commercial film and photographic print processors for a public agency
• animal control or humane society officers employed by the city, county, or a private agency
• members of the clergy, such as priests, ministers, rabbis, record keepers, or religious practitioners
• police department employees, county probations officers, or county welfare agency employees
• employees or volunteers with the Court Appointed Special Advocate Program
• any person providing services to a minor child under Welfare and Institutions Code 12300
• alcohol and drug counselors providing counseling, therapy, or clinical services for a state licensed or certified drug and alcohol treatment program

What Is Required of a Mandated Reporter?   

Mandated reporters must promptly submit two reports—one verbal and one written—once they’ve been notified of child abuse or neglect.

First, the reporter must contact the local police or sheriff’s department, county welfare department, or county juvenile probation department. Typically, information requested will include the reporter’s name, business address, and phone number; the child’s name, address, and present location; the names, addresses, and phone numbers of the child’s primary caregivers; a description of what happened; the source of the information that led to the allegation; and the names, addresses, and contact information of the suspected abuser.

Second, the reporter must submit a written report to the same agency using Form SS 8572 within 36 hours. Partially completed forms are acceptable when the reporter does not know all of the information requested. While private citizens may choose to remain anonymous in their reports, mandatory reporters must provide a name and contact information according to PC 11167.

It is a common misperception that simply telling a supervisor, manager, coworker, or administrator is good enough. But in reality, the mandated report must be made to the appropriate agency, as mentioned above.

Businesses that employ mandated reporters must:

• encourage mandatory reporting as required by law
• have all employees sign a written statement that they are aware of their legal reporting obligations within four weeks of their start date.
• provide optional online or DVD training to help employees understand mandatory reporting obligations.
• make a superior accessible to assist with the filing of reports, if necessary

What Is the Punishment for Failing to Report Sexual Abuse?

When mandated reporters in California fail to make required reports or when administrators impede the creation of required reports, they are guilty of a misdemeanor crime punishable by a fine of $1,000 and up to six months in jail. When the abuse results in grievous bodily harm or death, the punishment increases to a fine of $5,000 and up to one year in jail.

Above and beyond the criminal penalties, non-reporters may also be sued for damages in civil court. Mandatory reporters and their employers can be held liable for the victim’s medical expenses, emotional pain and suffering, and lost wages or future earning capacity. In the event of a death, family members may also sue for these effects, as well as funeral and burial expenses.   

What Happens After a Mandated Report Is Made?

After a report has been made, the authorities will review the allegation and follow up on the provided information. The child, suspect, and other witnesses may then be interviewed by the authorities as part of the investigation. Depending on the situation, the family may be offered an individualized service plan that may include police protection and/or counseling and support program referrals.

Most cases are resolved outside the court system through Child Protective Services and local law enforcement. In rare circumstances, mandated reporters may be called upon to testify before a judge on the events or observations that led to the formation of a reasonable suspicion that child abuse was taking place.  

Mandated child abuse reporters have some immunity from liability, as long as they report in good faith, in a timely manner, and avoid making patently false accusations. Mandated reporters are entitled to know the general outcome of the investigation (PC 11170), though some of the details may be protected by state confidentiality laws.

Schools, businesses, churches, and other organizations may have their own internal methods of dealing with reported instances of abuse. There may be established chains of command for reporting, protocols for investigating, actions for reprimanding the accused, and steps taken to protect the alleged victim while in their care. These internal measures vary from business to business, but they are not a substitute for the legal obligations of mandatory reporters.  During civil lawsuit investigations, it is common to uncover instances where companies failed to follow their own policies or failed to act in a timely manner to protect their reputation.

San Francisco Attorneys Can Help When Others Failed to Do So

If your child silently suffered sexual abuse while mandatory reporters looked the other way or attempted to cover up the abuse, contact a San Francisco attorney. That person’s failure to abide by California’s mandated reporter law may have contributed to the abuse. 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.