child sexual abuse in California

What Is Child Sexual Assault And Who Can Be Held Responsible

December 8, 2022 | by The Justice Firm

Various factors have contributed to childhood sexual abuse being one of the most underreported crimes, including the fact that over ninety percent of all childhood sexual assaults are perpetrated by a person personally known to the child or their family. And while the underreporting prevents us from knowing exactly how prevalent these heinous crimes are, most studies show that almost 10 percent of all children have been the victims of sexual assault.

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.

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Overview of the California Child Victims Act

November 19, 2022 | by The Justice Firm

Childhood sexual abuse is one of most horrific crimes imaginable. Given that it is one of the most underreported crimes, it is very hard to determine the exact number of victims, but what is undisputable is that millions of individuals have suffered instances of sexual abuse as minors. In fact, according to some studies, about 1 in 4 girls, and 1 in 13 boys in the United States experience childhood sexual abuse.

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.

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Being a Victim of Child Sexual Abuse

March 17, 2022 | by The Justice Firm

Child sexual abuse is one of the most vicious and reprehensible crimes regardless of where you are in the world. It can refer to a range of sex crimes involving children such as sexual assault, forced physical contact, statutory rape, sexual abuse, and public lewdness.

Under the California Penal Code, a person will have committed a sex crime if they engage in a sex act with another person without their consent. A child, defined as a person under the age of 18, does not have the legal ability to consent to sex. Thus, if a person engages in a sex act with a child, even if the child appears to have given consent, they will have committed child sexual abuse.

Many victims of child sexual abuse feel scared or embarrassed about reporting the crime. They may feel guilty, ashamed, and may even blame themselves for the abuse. Others report the abuse, but they aren’t always taken seriously by their adult caretakers – under the guise of them not able to understand what they have experienced. In either case, sexual abuse of any nature can have a devastating impact on a child’s physical and mental health and well-being.

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