New state law gives sexual assault, abuse victims more time to seek justice
The new year brings with it a new law in California allowing victims of childhood sexual assault more time to file lawsuits, and seek justice.
Assembly Bill 218 gives victims of childhood sexual abuse either until age 40 or five years from discovery of the abuse to file civil lawsuits. The previous limit had been 26, or within three years from discovery of the abuse. It also allows victims of all ages three years to bring claims that would have otherwise been barred due to existing statutes.
“Abuse victims are grateful to get a shot at justice through this new law without a stringent time limit,” said managing partner and attorney David Cohn, who has represented many victims of sexual abuse through his work at the Law Office of Chain | Cohn | Clark. “It’s important for victims to come forward when they are ready, and ultimately protect our community from future abuse, and obtain accountability.”
Specifically, the new law is a game-changer for childhood victims because it changes how survivors are treated and supported.
In recent years, allegations of sexual abuse have been voiced by victims and conveyed through media reports from Olympic teams, school children, Boy Scouts, and Catholic churchgoers, with media highlighted such allegations. We’ve seen an uprising of women (and men, too) who have gone public with their stories of sexual harassment, assault and abuse, and systemic sexism, particularly in the world of Hollywood.
In fact, the California Catholic Conference in a statement to media described sexual abuse by members of the clergy as a “legacy of shame.”
“It is a legacy of shame for all of us in the Church, and we are aware that nothing can undo the violence done to victim-survivors or restore the innocence and trust that was taken from them,” the statement read. “Ultimately, our hope is that all victim-survivors of childhood sexual abuse in all institutional settings will be able to have their pain and suffering addressed and resolved and so our prayers are that AB 218 will be a step forward in that direction.”
California is at least the third state this year to pass such a law, according to reports. Earlier this year, New York and New Jersey raised their statutes of limitations to age 55. New York also suspended its statute of limitations for one year, leading to hundreds of lawsuits against hospitals, schools, the Roman Catholic Church and the late financier Jeffrey Epstein.
“This law puts powerful institutions like the Catholic hierarchy, public schools and sports leagues on notice that they cannot allow predators to molest children, cover up their crimes and escape responsibility,” said Matt Clark, senior partner and attorney with Chain | Cohn | Clark.
Chain | Cohn | Clark has been involved in several lawsuits in recent years in representing victims of sexual abuse and sex assault:
- Our attorneys filed lawsuits in federal court against the County of Kern and a juvenile corrections officer on behalf of a young woman who were sexually abused at juvenile hall.
- Our lawyers also filed claims on behalf of several students who were victims of sexual misconduct at North High School. Kern County Sheriff’s Office has arrested Edwin Rodriguez on suspicion of lewd and lascivious acts with minors 14 to 15 years old, exhibiting harmful matter to a minor, annoying a child under 18 and false imprisonment.
- Chain | Cohn | Clark represented Karen Frye, who was sexually molested at Lerdo Jail by a Kern County Sheriff’s Department detentions deputy. The law firm filed suit against the county for civil rights violations, conspiracy, sexual assault and battery, negligence, fraud, breach of contract and excessive use of force. The department also attempted to “buy off” Frye by offering her $1,500 in exchange for her agreement to not sue the department. That case settled for $300,000.
- We represented a woman who was sexually assaulted by Kern County deputy Gabriel Lopez in her home in Tehachapi. Lopez sexually assaulted at least two other people as well. He pleaded no contest to two counts of assault by a public officer, two counts of false imprisonment, and two counts of sexual battery, and was sentenced to two years in prison. Chain | Cohn | Clark attorneys also represented a 79-year-old woman who called the sheriff’s office during a dispute with her husband, who was diagnosed with late-stage Alzheimer’s. She, too, was sexually assaulted by Lopez in a similar fashion to his other victims. The third victim was quietly paid $5,000 by the department, and was unable to bring a civil claim.
In addition, the partners at Chain | Cohn | Clark 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.
Here’s what you can do if you’ve been sexually assaulted or abused:
- Call for help: Always call the police, a rape hotline or both following any form of sexual assault or abuse. This can be difficult to do, but the sooner you get in touch with someone, the sooner justice can be served.
- See a doctor: Seek immediate medical care following a rape or sexual abuse scenario. Hospitals often have specialists trained to help in these types of situations and they often have someone on staff that can help with the stress.
- Contact an attorney: After you have taken all the aforementioned steps, contact a legal professional, who has understanding of sexual abuse law.
If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, or sexually abused or assaulted by someone in authority, contact the attorneys at Chain | Cohn | Clark by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.