Bullying can take many shapes or forms, and victims can be targeted due to their race, gender, ethnicity, religion, sexual orientation, or for a variety of other reasons. It is a form of violence, which can be physical; verbal, including making threats or inappropriate sexual comments; or social, including spreading rumors or disseminating hurtful material. In order to be considered bullying, the behavior must be aggressive, repetitive, and there has to be an imbalance of power.

While a significant part of society considers bullying a normal part of growing up, the reality is that it can have devastating consequences and lasting impact on children and teens. Some of the more serious effects of bullying include depression, anxiety, poor school performance, eating disorders, substance use, anger, isolation, and self-injury. More importantly, too many times, bullying has served as a catalyst for suicide, violence towards others, as well as homicidal ideas or actions.

California has very strict anti-bullying laws. In short, the California Education Code defines bullying as “any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act” directed at one or more students that causes or can be reasonable predicted to cause fear of harm, substantially detrimental effect on a student’s physical or mental health, poor school performance, or affects a student’s “ability to participate in or benefit from the services, activities, or privileges provided by a school.”

California’s anti-bullying laws and regulations include regulations on how schools are required to deal with bullying, and they apply equally to on-campus bullying as well as cyber bullying, including cyber sexual bullying. Notably, when it comes to cyber bullying, California’s laws and regulations cover both on-campus as well as off-campus bullying, and the law does not make a distinction, if the electronic act was created or transmitted on or off the school site.

When it comes to public schools, California’s laws and regulations, require all school districts to adopt policies that prohibit discrimination, harassment, intimidation, and bullying based on “actual or perceived characteristics including immigration status, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.” Some of the policies that school districts are required to implement and enforce are:

• Statements prohibiting harassment, intimidation, and bullying;
• Resources to support at-risk students, including LGBTQ students;
• Procedures for reporting and investigating complaints;
• Publications of anti-bullying, antidiscrimination, anti-harassment, and anti-intimidation laws; and
• Providing protections to those who file complaints.

In addition to state laws and regulations, schools that receive federal funding, including colleges and universities, have to comply with federal laws. As a result, while there are currently no anti-bullying laws on the federal level, in certain instances bullying can overlap with discriminatory harassment based on race, color, national origin, sex, age, disability, or religion, which are covered by federal civil rights laws. In those instances, the schools have an obligation to address the conduct, and failure to do so, may be a violation of federal civil rights laws.

At the Justice Firm, we believe that every student has the right to attend school and receive education in a safe environment and to be free from any intolerance or bullying.

If you believe that your child has been the victim of bullying, harassment, or discrimination, know that you are not alone. Our experienced and empathetic attorneys understand that bullying and harassment can be a very traumatic and harmful experience and are ready to provide you and your child with a safe environment where you can receive a compassionate and confidential case assessment.

If you would like to discuss your case and the legal options available to you and your child, you can contact us today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

Fortunately, in addition to being at the forefront of Criminal Justice Reform in general, by passing the historic SB 132 or the Transgender Respect, Agency, and Dignity Act, the California legislature has finally decided to act in addressing the issues that transgender, gender-nonconforming, and intersex people face while incarcerated. SB 132 was signed into law by Governor Newsom on September 26, 2020, and came into effect on January 1, 2021. The law was designed to ensure that transgender, gender-nonconforming, and intersex people are provided with a safe, humane, and dignified environment while incarcerated.

According to the findings in the bill, the rate of sexual assault in California’s prisons is 13 times higher for transgender women than for men in the same prisons. Moreover, another survey showed that, nationwide, 40 percent of incarcerated transgender individuals reported experiencing sexual victimization, compared to 4 percent for other incarcerated people. Furthermore, another survey showed that 38 percent of transgender women reported being harassed by correctional officers or staff.

Some of the key provisions of SB 132 require that during the initial intake process and in a private setting, the California Department of Corrections and Rehabilitation (CDCR) record the individual’s self-reported gender identity, whether the individual identifies as transgender, nonbinary, or intersex, and their preferred gender pronoun and honorific. The new law prohibits the CDCR from disciplining a person for refusing to answer or for not disclosing complete information in response to these questions. Some other notable provisions in the law include:

• Incarcerated individuals who are transgender, nonbinary, or intersex, have to be housed in a correctional facility designated for men or women based on the individual’s preference.
• Furthermore, if CDCR has management or security concerns with an individual’s search preference or preferred housing placement, before denying it, the CDCR Secretary, or his or her designee, must certify in writing a specific and articulable reason for why the department is unable to accommodate that search or housing preference.
• Importantly, under SB 132, CDCR cannot deny a search preference or housing placement based on any discriminatory reason, including the anatomy or sexual orientation of the incarcerated individual, or a factor present among other people incarcerated at their preferred type of institution.

There has been a lot of praise for SB 132, and the law has been an important step in providing a particularly vulnerable class of people with some dignity and protection. It is yet to be seen how successfully the CDCR implements the new law, however, SB 132 does provide a glimmer of hope for incarcerated transgender, nonbinary, and intersex people.

The law has not been without controversy and has come under fire by conservative groups and activists. On November 17, 2021, the Women’s Liberation Front filed a lawsuit on behalf of four incarcerated women asking the court to overturn SB 132 and declare it as unconstitutional. The lawsuit seems to be based on bogus rational and wild allegations, and the people behind the lawsuit do have a history of preventing transgender people from receiving basic rights. While the lawsuit is ongoing, SB 132 continues to be in effect and continues to provide a way for transgender people to feel safer and have the chance to be who they are while incarcerated.

If you believe that you or a loved one has been the subject of official misconduct, discrimination, or institutional sexual abuse or any type of sexual misconduct and would like to know more about your legal options, you can contact us today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

At the Justice Firm, our leading civil rights attorneys have decades of experience fighting for people whose rights have been violated and they can provide a safe environment where you can receive a compassionate and confidential case assessment.

• The Civil Rights Act of 1964, which prohibits discrimination based on race, color, national origin, religion, and sex;
• The Americans with Disabilities Act; and
• The Age Discrimination in Employment Act of 1967.

While many people experience civil rights violations due to discrimination in employment, housing, or education, civil rights violations also occur when the government interferes with people’s rights, including freedom of speech and freedom of religion. In addition, while sex and gender discrimination often revolves around employment and education, these civil rights violations could also include sexual assault and abuse by institutions. Finally, another major area where civil rights violations occur is the area of criminal law and policing, including violations of the right against unreasonable search and seizures, police mistreatment, the use of excessive force and police brutality, as well as misconduct by correctional staff while incarcerated.

Civil rights are essentially human rights, and the dedicated civil rights attorneys at the Justice Firm fight daily to protect those rights. Our leading civil rights attorneys have decades of experience fighting for people whose rights have been violated and they can provide a safe environment where you can receive a compassionate and confidential case assessment. Our team is lead by two of the most prominent attorneys in California, Christopher Darden and Joseph Anthony Virgilio.

Christopher Darden has been an outstanding attorney for over four decades. While Mr. Darden is probably best remembered as one of the prosecutors in the O.J. Simpson murder trial, it is important to note that prior to that case, Mr. Darden had already acquired a reputation as a leading trial attorney in Los Angeles and had received recognition for his service to victims and their families. During his career at the Los Angeles County District Attorney’s Office, Christopher Darden worked in the Hardcore Gang Unit, and later he worked for the Special Investigation Division investigating criminal activity by public and law enforcement officials.

Following his career at the DA’s office, Mr. Darden served as an associate professor at Southwestern University School of Law and started his own private practice specializing in criminal defense and civil litigation, including cases involving sexual assault and abuse, and police misconduct cases. Throughout his career, Mr. Darden has demonstrated unwavering dedication to his clients and the ability to develop trusting relationships. Moreover, Mr. Darden has also served as a legal commentator for CNBC, CNN, Court TV, and NBC, and is a frequent guest and commentator on CNN, Court TV, and Fox News Network.

In addition to Christopher Darden, our civil rights team is headed by our Supervising Attorney Joseph Anthony Virgilio. Mr. Virgilio has had a long and illustrious legal career. He is a former district attorney and a judge, and as an attorney, he has successfully argued in front of the Court of Appeals and Supreme Court. The Justice Firm is a culmination of Mr. Virgilio’s dedication to serve and his ambition to make a difference for his clients in the filed of criminal and civil law. Mr. Virgilio has represented some of the most prominent people in the state and has extensive experience of zealously defending his clients’ rights.

One of the main jobs of any civil rights attorney is to determine if a violation has taken place and the best course of action in case a violation has occurred. Our civil rights attorneys are available to answer any questions you might have.

If you believe that you or a loved one has been the subject of official misconduct, discrimination, or institutional sexual abuse and would like to know more about your legal options, you can contact us today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

The Eight Amendment to the United States Constitution protects inmates from cruel and unusual punishment. As a result, inmates are entitled to be housed in humane conditions. Furthermore, inmates are entitled to adequate mental and medical care, which for women include the right to prenatal and other necessary medical care, if they are pregnant, as well as postpartum care. Furthermore, female inmates have the right to refuse sterilization or any other birth control if they do not want it. Moreover, incarcerated individuals are entitled to freedom from discrimination, sexual harassment, the use of excessive force and assault, which includes sexual assault.

In 2003 the Prison Rape Elimination Act established a zero-tolerance policy for rape in any United States prison, which includes state as well as federal prisons. Unfortunately, sexual assault and rape in prisons across the United States continues to be a prevalent problem and countless inmates suffer as a result.

The recent revelations coming from the Central California Women’s Facility (CCWF) in Chowchilla, California, show how widespread staff-on-inmate sexual abuse continues to be to this day. The CCWF, is the largest female-only correctional facility in the United States and is operated by the California Department of Corrections and Rehabilitation (CDCR). Similar to other female-only facilities, the CCWF has been embroiled in allegations of sexual abuse for decades.

On December 28, 2022, the CDCR made the announcement that it has referred its internal investigation into one of CCWF’s now former correctional officers Gregory Rodriguez to the Madera County DA for charges of alleged sexual misconduct against inmates housed at CCWF.

Mr. Rodriguez had been employed as a correctional officer by the CDCR since September 1995, and served as a correctional officer at CCWF from September 2010 until August 25, 2022, when he retired as a result of the internal investigation.

The investigation itself began in July 2022, following the discovery of information that had indicated sexual misconduct by Mr. Rodriguez. CDCR’s Office of Internal Affairs (OIA) and the CCWF Investigative Service Unit (ISU) conducted the internal investigation, which identified more than 22 potential victims of Mr. Rodriguez.

The announcement by CDCR quoted Mike Pallares, the CCWF’s Acting Warden who oversaw the investigation stating, “Rodriguez shamefully hid behind his badge and used it to victimize a vulnerable population. That is one of the most abhorrent acts one can commit in a peace officer position and once my investigative team uncovered his wrongdoing, I referred it to the Madera County District Attorney’s Office for criminal prosecution. We look forward to him being held accountable to the furthest extent of the law.” Since making that statement, Paralles has stepped down as Acting Warden of CCWF amid revelations that he too had been accused of sexual harassment and misconduct in the past.

While the announcement made by the CDCR includes a statement that the CDCR takes allegations of sexual misconduct, harassment, and violence seriously, and vigorously enforces its “zero-tolerance policy for sexual violence, staff sexual misconduct and sexual harassment in its institutions”, the fact of the matter is that the CCWF has been plagued by allegations of sexual abuse and misconduct for a very long time.

As early as 1999, an investigation by the Los Angeles Times reported allegations of sexual misconduct by staff at the CCWF. Moreover, in August 2016, a report by the Prison Law Office, based on interviews with over 130 CCWF inmates, revealed that the facility has “incubated an institutional culture that permits, condones, and covers up abuse.” Moreover, the report reveals that CCWF staff engaged in physical and sexual abuse, harassment, and threatening of inmates, and that custody staff perpetuated “a culture of bigotry, sexual harassment and casual misogyny addressing women not by their names, but as “bitches,” “hos,” or “whores,” or with racial epithets.”

The presence of any abuse or sexual harassment or misconduct in any state prison is unlawful and deplorable. Moreover, under California law, incarcerated individuals cannot consent to any form of sexual contact with prison staff.

If you or a loved one has been the victim of sexual assault or any type of sexual misconduct in prison and would like to know more about your legal options, you can contact us today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

At the Justice Firm, our leading civil rights attorneys have decades of experience fighting for people whose rights have been violated and they can provide a safe environment where you can receive a compassionate and confidential case assessment.

Following some very high profile child sexual abuse scandals, including the Penn State scandal, as well as the USA Gymnastics and the Boy Scouts of America sex abuse scandals, many states, including California, took a second look at their laws and made significant changes. In California, the state legislature passed the California Child Victims Act, which came into effect on January 1, 2020. The new law makes it easier for survivors of childhood sexual abuse to hold perpetrators and organizations responsible for the abuse by extending the time victims have to file a claim. Moreover, the new law expands the definition from “childhood sexual abuse” to “childhood sexual assault,” which has broadened the scope of behaviors that could be actionable.

By law, children cannot consent to any type of sexual activity and any sexual interaction with a minor can be considered sexual assault. As a result, childhood sexual assault can take many forms and can be both physical, where there is a direct sexual contact with a child, as well as non-physical, where the perpetrator does not actually touch the victim.

Examples of physical contact that constitutes sexual assault include:

• Sexual activity of any kind including oral, vaginal, and anal;
• Intrusion or penetration with an object;
• Groping or intentional touching of the genitals or intimate parts of a child by the perpetrator and vice versa, for purposes of sexual arousal or gratification.

Examples of non-physical contact abuse include:

• Engaging in sexual activity in front of a child, including masturbation;
• Exposing a child to sexually explicit materials, including photos and videos;
• The solicitation of sexual favors from a child;
• Forcing a child to participate in sexual acts with others;
• Communicating with a child using sexually suggestive language;
• Exposure or flashing of private parts.

At the Justice Firm, our compassionate attorneys understand that childhood sexual assault is one of the most harrowing and horrific experiences. If you or a loved one has been the victim of a childhood sexual assault, you can contact us for a free confidential consultation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

In the past couple of decades more and more survivors of childhood sexual abuse have started to come forward and the bravery of these individuals has shown that previously held believes that childhood sexual abuse is a family problem were wrong. In fact, what has been uncovered is that childhood sexual abuse has been rampant across various private and public organizations and that there has been a vast organized culture of secrecy, where, for the most part, organizations have chosen to deal with the allegations and incidents of child sexual abuse by “sweeping them under the rug” in one way or another.

Certain institutions and organizations owe a duty of care to the children entrusted to them, and they have not only failed to protect them, but also, in many instances, have actively attempted to or have actually covered up the widespread abuse, by “dealing” with it internally. Some of the most common childhood sexual abuse includes:

• Clergy abuse, including child sexual abuse by priests, pastors, ministers, nuns, or other members of a religious organization;
• School abuse, including by teachers, coaches, other school employees, or fellow students;
• Daycare, camp, or foster care abuse;
• Abuse in Athletics; and
• Abuse in medical settings, including by doctors or therapists.

The California Child Victims Act makes it easier for victims to assert a claim against private and public institutions who owed them a duty of care, which includes among others, religious institutions, sports teams, schools, and even the state in cases of foster care abuse. The so-called institutional liability flows through the acts of the perpetrators themselves, including coaches, priests, teachers, and others, and the failure of the institution to protect the victims by not thoroughly investigating and handling instances of childhood sexual assault, as well as failure to implement adequate safeguards to prevent sexual misconduct in the first place.

Finally under the new California Child Victims Act, survivors of childhood sexual abuse can receive up to triple the amount of damages awarded, if they can show that there was a concerted effort by the responsible institution to hide evidence relating to childhood sexual assault.

If you or a loved one is a survivor of childhood sexual assault and would like to know more about your legal options, you can contact us today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

At the Justice Firm, our empathetic and compassionate attorneys can provide a safe environment where you can receive a compassionate and confidential case assessment.

Childhood sexual assault can have a devastating and long lasting effect on a survivor of such abuse. Various studies have shown that survivors are more likely to develop depression, posttraumatic stress disorder (PTSD), substance abuse issues, risky sexual behavior, and to struggle with various mental health issues, as well as inability to establish and maintain interpersonal relationships. Victims of childhood sexual assault are also at a higher risk for suicide and suicide attempts. Many survivors experience feelings of shame, guilt, self-blame, and have a hard time coming forward and reporting being sexually assaulted as minors. Furthermore, very often survivors suppress the memories of the assault and don’t recall it for many years after the fact.

Until January 2020, the law in California required individuals who had been sexually abused as children to come forward within eight years of turning eighteen years of age, or within three years of the time the victim discovered or should have discovered that their subsequent psychological injury or illness as an adult, was the result of sexual abuse as a child. The prior California law was severely criticized for being too restrictive and for failing to take into account the many factors affecting survivors’ ability to come forward for years after the abuse had taken place, including the stigma attached, embarrassment, or shame. The law also ignored those victims that need years of professional help to even recall the abuse.

The continued criticism of the law along with the high profile instances of injustice in recent years, including the USA Gymnastics and the Boy Scouts of America sex abuse scandals, as well as the countless allegations against the Catholic Church led to changes in the laws of many states, including California. On October 13, 2019, Governor Newsom signed into law Assembly Bill 218, and so the California Child Victims Act went into effect on January 1, 2020.

The new law made it easier for survivors to seek justice and to recover damages. First, AB 218 extended the statute of limitation. It increased the time limit for filing a claim to recover damages to the later of twenty-two years after the survivor’s 18th birthday, or to five years from date the victim of child sex abuse discovers or should have reasonably discovered that his or her psychological injury or illness that occurred after the age of majority, is the result of sexual assault as a minor.

Second, the new law expanded the definition of childhood sexual abuse, and is now referred to by the much broader term “childhood sexual assault”, which more accurately encompasses the various types of horrible conduct that victims endure. Childhood sexual assault includes any sexual activity involving a minor for the sexual satisfaction of an adult and can take many shapes or forms, and can be either physical or non-physical.

Furthermore, the California Child Victims Act provides for treble damages, which allows the court to triple the amount of damages awarded in cases where the plaintiff can prove that the sexual assault suffered was the result of a cover-up. In those cases, the survivor has to show that there was a concerted effort by the defendant to hide evidence relating to childhood sexual assault.

No amount of money can erase the suffering victims of childhood sexual abuse experience, but compensation can go a long way in helping survivors overcome the effects of abuse by allowing them to get the help they need to combat the trauma and to eventually one day recover. The experienced attorneys at the Justice Firm understand how horrific childhood sexual abuse is and are ready to provide safe, confidential, and compassionate environment to discuss your case and the legal options available.

If you or a loved one has been the victim of childhood sexual abuse and would like to know more about the law, or are ready to file a claim, you can contact our empathetic attorneys today locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.