August 10, 2016 | News & Media Social Share
‘Community Voices’ article calls for end of non-transparent practices in sexual assault cases
The partners at Chain | Cohn | Clark have penned a “Community Voices” article, calling on the County of Kern to cease practices that call for confidential settlements in lawsuits pertaining to victims of sexual assault, as well as paying “hush money” to those victims. The article was printed Sunday, Aug. 7, in The Bakersfield Californian, which you can read in the newspaper version here as well, or read below.
For media coverage on relevant and recent sexual assault cases represented by the Bakersfield law firm Chain | Cohn | Clark, scroll to the bottom of the page.
County’s non-transparent practices in sexual assault cases need to end
By the Partners at Chain | Cohn | Clark
One of the fundamental tenets of democracy is the concept of transparency in government. Unfortunately, for years the County of Kern has attempted to cover up instances of sexual assault and misconduct by County law enforcement personnel.
Government transparency promotes accountability and transforms citizens into public watchdogs. For there to be effective public oversight of government, our citizens must be able to freely access information about the decisions their government makes. This includes the right to know how their hard-earned tax dollars are being spent, especially when that money is being used to compensate victims of sexual assault.
Kern County’s pattern and practice of insisting on confidential settlements with victims of sexual assault flies in the face of transparency in government. If a County law enforcement official sexually assaults an innocent victim, then we as taxpayers have an absolute right to know about it. We have a right to know how it happened, why it happened, and what, if anything, is being done to ensure that it never happens again. Confidentiality does nothing to prevent sexual assault from occurring again; it is adverse to public policy and can allow the wrongful conduct to continue. But when the public is made aware of these wrongful acts, and the settlements that follow, it has the effect of exposing sexual predators and lax departmental policies, with the hope that curbing future wrongful conduct will become an obvious priority for the County.
The only part of a settlement in sexual assault cases that should remain confidential is the identity of the victim. Protecting their identities encourages victims to come forward without fear of retaliation or humiliation. Making the settlement terms publicly known while keeping the identity of victims confidential strikes the right balance between open government and protecting the dignity of victims.
The County’s well-documented practice of paying “hush money” to victims, however, is far from dignified. Even though County officials in news stories have described this practice as “nothing unusual,” and defended it as a “common practice throughout the United States,” it is far from common and it is neither morally nor ethically sound. The payment program is an acceptable practice in the context of resolving small claims for property damage, but is far from appropriate in the context of fairly compensating victims of sexual assault. To even suggest that the two are somehow equivalent is dehumanizing and demeaning to victims of sexual assault.
Approaching unrepresented victims of sexual misconduct with small stacks of cash at their homes shortly after they have been sexually assaulted is wrong, particularly where the perpetrator and fixer both hail from the same public entity. Perhaps more importantly, this practice runs afoul of our commitment to transparency and accountability, because it has the effect of sweeping sexual misconduct under the rug, without the public ever knowing about it.
One county official insisted to local media that confidential settlements have “nothing to do with transparency,” and criticized our law firm for being guardians of the public trust. We don’t take that as a criticism – we embrace it as our commitment to our community.
It’s time for the County to put an end to this abhorrent practice.
— Chain | Cohn | Clark is a Bakersfield-based injury and workers’ compensation law firm. The partners include David Cohn, James Yoro, Matthew Clark and Neil Gehlawat.
RELATED MEDIA COVERAGE
- Woman’s suit targets ‘deviant’ deputy (The Bakersfield Californian – May 13, 2013)
- Former deputy sentenced to prison for sexual battery (The Bakersfield Californian – Sept. 2, 2015)
- Deputy convicted of sex assault on two women is sentenced to two years in prison (KERO-23, ABC – Sept. 2, 2015)
- Former deputy gets prison for sexual battery (Eyewitness News, CBS/FOX – Sept. 10, 2015)
- Chain | Cohn | Clark represents victims in deputy sexual assault cases (Blogging for Justice – Sept. 9, 2015)
- British newspaper’s examination of Kern law enforcement casts critical light (The Bakersfield Californian – Dec. 13, 2015)
- Sheriff’s office paying off victims sexually assaulted by deputies (KBFX-58, FOX, Eyewitness News – Dec. 16, 2015)
- Women who have been sexually assaulted by sheriff’s deputies are offered cash settlements (KGET-17, NBC – Dec. 21, 2015)
- Former deputy sentenced in sexual assault (KUZZ News)
- ‘Payoffs’ of victims of sexual assault by Kern County officers under local scrutiny (Blogging for Justice – Dec. 30, 2015)
- Denying settlement in sexual assault is wrong-headed (The Bakersfield Californian – May 15, 2016)
- County pays $1 million to settle sex assault case against two ex-deputies (The Bakersfield Californian – July 20, 2016)
- Community Voice: County’s non-transparent practices in sexual assault cases need to end (The Bakersfield Californian – Sunday, Aug. 7, 2016) (PDF newspaper version)
OTHER CHAIN | COHN | CLARK SEXUAL ASSAULT CASES
- Legal claims filed for girls allegedly sexually assaulted in Kern juvenile hall (KBAK-KBFX / CBS-Fox – March 25, 2015 )
- Two claims filed against Kern County in connection with alleged sexual assaults at Juvenile Hall (The Bakersfield Californian – March 26, 2015)
- Attorney files claims against county, juvenile corrections officers (KGET / NBC – March 26, 2015)
- Attorney: There may be more victims of guards accused of sexual assault at Juvenile Hall (The Bakersfield Californian – March 27, 2015)
- Attorney lays out sexual assault claims against juvenile hall officers (KBAK-KBFX / CBS-Fox – March 26, 2015)
- Neil Gehlawat hosts a press conference (Instagram)
- Neil Gehlawat sits in with The Bakersfield Californian CEO Richard Beene on “First Look with Scott Cox” (Google+)
- Girls claim juvie guards sexually assaulted them (Courthouse News Service – Oct. 29, 2015)