sexual abuse attorneys in California

Civil Rights and The Justice Firm’s Team that Fights to Uphold Them and Defend Them

March 3, 2023 | by The Justice Firm

The term “civil rights” encompasses a very broad variety of rights. Some of those rights are enshrined in the Constitution, including freedom of speech, freedom of religion, the right to be free from unreasonable search and seizure, the right to due process, and the right to equal protection under the law. In addition to the Constitution, many civil rights have been and continue to be addressed and protected in greater detail by federal and state laws. Some of the most prominent examples include:

The Civil Rights Act of 1964, which prohibits discrimination based on race, color, national origin, religion, and sex;
The Americans with Disabilities Act; and

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Sexual Violence and Abuse in California Prisons

February 7, 2023 | by The Justice Firm

We live in a civilized society and being imprisoned does not mean giving up basic human rights. While, as a result of incarceration, inmates do have some of their rights limited and prisons are allowed to curtail certain rights based on safety and security, there are certain basic fundamental human rights that cannot be taken away from an individual, even when they have been incarcerated in prison or county jail.

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.

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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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The Prevalence of Child Sexual Abuse in Schools

February 14, 2022 | by The Justice Firm

It’s a documented fact that victims of child sexual abuse are at a much higher risk of developing long-term psychological, emotional, and physical disorders including depression, guilt, and anxiety. The lingering memories of sexual abuse in schools and even home are often difficult to suppress and changes how the victim thinks and acts over their lifetime. Some researchers go so far as to claim that child sexual abuse changes a person forever.

Unraveling the Grim Statistics of Child Sexual Abuse in 2022

While there are few definitive statistics that reveal how often child sexual abuse in schools occurs, many survivors are coming forward about their experiences. The Children’s Bureau from the Department of Health and Human Services reported that at least 9.2% of children were sexually assaulted.

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