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.