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Victims of past Childhood Sexual Abuse may be entitled to Civil Remedy

November 15, 2011 @ 11:30 AM — by Zach Drivon

Awareness

Several factors contribute to the unfortunate and frequent non-disclosure of childhood sexual abuse. Perpetrators often hold a position of confidence with the victim or the victims family, such as clergymen, neighbors, family friends, or even relatives. Further, victims suffer from feelings of powerlessness, shame, embarrassment, or fear of retaliation from the perpetrator, in apprehension of the abuse coming to light. http://www.prevent-abuse-now.com/stats.htm  The trauma suffered by these victims is severe and often leads to further psychological fallout, including depression, self-destructive behavior, feelings of anxiety and stigma, substance abuse, as well as a tendency towards re-victimization. These constitute damages which may be redressable through filing a civil action.

Early detection of childhood sexual abuse is essential to ease suffering, as well as to the optimization of psychological development, and generally healthy adult functioning. However, a 1990 survey of 2,626 Americans showed that of the 27 percent of women and 16 percent of men who acknowledged victimization, 42 percent of these women and 33 percent of the men never disclosed the information to anyone of authority.(Finkelhor,1990)http://www.unh.edu/ccrc/researchers/finkelhor-david.html  Certain individuals in our society have a legal obligation to disclose incidents of child abuse to authorities including teachers, school administrators, coaches, and counselors. Neglect of or failure to adhere to these duties, carries with it significant civil liability. However, cases frequently go unreported for years, allowing the statute of limitations governing the time restrictions on filing such claims to expire. As we saw through the sexual abuse scandal involving Jerry Sandusky in 2011, even prestigious Universities and legendary athletic programs like Penn State may be a setting where the perpetration and concealment of such abuse may can occur.http://www.npr.org/2011/11/08/142111804/penn-state-abuse-scandal-a-guide-and-timeline

Victim Advocacy

In the last decade, our partners have been directly and extensively involved in the advocacy of the rights of victims of past sexual abuse. In 2003, while working with members of the California State Legislature, Laurence Drivon drafted a bill which lifted the statute of limitations for a period of one year, to allow victims of past sexual abuse by the Catholic Clergymen to file claims, despite the expiration of the limitations period. Along with several other personal injury firms in California and across the country, our firm came to represent over 400 victims, ultimately obtaining settlement awards on an average exceeding $1,000,000 per client. These efforts came as a response to the exposure of the systematic concealment by the Catholic Church of the sexual abuse of children at the hands of its clergymen.

Very recently, another widely publicized instance of this type of institutionalized protectionism came to light in the Penn State Sexual abuse scandal.  http://www.washingtonpost.com/wp-srv/sports/documents/sandusky-grand-jury-report11052011.html  In this case, much like the Clergy abuse cover up, individuals with a legal duty, not to mention the moral obligation to report the incidents to authorities, failed. Victims of this deplorable behavior are not without recourse, especially when persons of authority neglect their duty to report incidents to police, or otherwise fail to prevent such abuse upon notification. Currently, litigators are working as they did in 2003, to amend the applicable statutes to allow civil claims to be brought against responsible parties.

Our Pledge

The attorneys at the Law Offices of Drivon, Turner & Waters continue in their dedication to the rights of victims of sexual abuse and the concealment thereof. If you are a victim of unreported or concealed sexual abuse, you may be entitled to compensation for your suffering. Exposure of these claims also creates societal awareness of this horrible epidemic. We take very seriously the opportunity to hold such perpetrators accountable, and to defend the legal rights of the defenseless. If you have a claim, please contact us by phone at (209)644-1234 or @http://www.drivonlaw.com/

Post Your Comment

Public comments are welcome. All fields are required.

======= Victims of past Childhood Sexual Abuse may be entitled to Civil Remedy - Law Offices Of Drivon, Turner and Waters Blog

Popular Tags

Negligence Personal Injury Injuries Civil Litigation Medical Malpractice Vehicle Collision Attorneys Collision Damages Liability

Archive

Feeds

Questions? E-mail Us

Drivon, Turner and Waters
215 N San Joaquin St.
Stockton, California 95202
(209) 644-1234

Victims of past Childhood Sexual Abuse may be entitled to Civil Remedy

November 15, 2011 @ 11:30 AM — by Zach Drivon

Awareness

Several factors contribute to the unfortunate and frequent non-disclosure of childhood sexual abuse. Perpetrators often hold a position of confidence with the victim or the victims family, such as clergymen, neighbors, family friends, or even relatives. Further, victims suffer from feelings of powerlessness, shame, embarrassment, or fear of retaliation from the perpetrator, in apprehension of the abuse coming to light. http://www.prevent-abuse-now.com/stats.htm  The trauma suffered by these victims is severe and often leads to further psychological fallout, including depression, self-destructive behavior, feelings of anxiety and stigma, substance abuse, as well as a tendency towards re-victimization. These constitute damages which may be redressable through filing a civil action.

Early detection of childhood sexual abuse is essential to ease suffering, as well as to the optimization of psychological development, and generally healthy adult functioning. However, a 1990 survey of 2,626 Americans showed that of the 27 percent of women and 16 percent of men who acknowledged victimization, 42 percent of these women and 33 percent of the men never disclosed the information to anyone of authority.(Finkelhor,1990)http://www.unh.edu/ccrc/researchers/finkelhor-david.html  Certain individuals in our society have a legal obligation to disclose incidents of child abuse to authorities including teachers, school administrators, coaches, and counselors. Neglect of or failure to adhere to these duties, carries with it significant civil liability. However, cases frequently go unreported for years, allowing the statute of limitations governing the time restrictions on filing such claims to expire. As we saw through the sexual abuse scandal involving Jerry Sandusky in 2011, even prestigious Universities and legendary athletic programs like Penn State may be a setting where the perpetration and concealment of such abuse may can occur.http://www.npr.org/2011/11/08/142111804/penn-state-abuse-scandal-a-guide-and-timeline

Victim Advocacy

In the last decade, our partners have been directly and extensively involved in the advocacy of the rights of victims of past sexual abuse. In 2003, while working with members of the California State Legislature, Laurence Drivon drafted a bill which lifted the statute of limitations for a period of one year, to allow victims of past sexual abuse by the Catholic Clergymen to file claims, despite the expiration of the limitations period. Along with several other personal injury firms in California and across the country, our firm came to represent over 400 victims, ultimately obtaining settlement awards on an average exceeding $1,000,000 per client. These efforts came as a response to the exposure of the systematic concealment by the Catholic Church of the sexual abuse of children at the hands of its clergymen.

Very recently, another widely publicized instance of this type of institutionalized protectionism came to light in the Penn State Sexual abuse scandal.  http://www.washingtonpost.com/wp-srv/sports/documents/sandusky-grand-jury-report11052011.html  In this case, much like the Clergy abuse cover up, individuals with a legal duty, not to mention the moral obligation to report the incidents to authorities, failed. Victims of this deplorable behavior are not without recourse, especially when persons of authority neglect their duty to report incidents to police, or otherwise fail to prevent such abuse upon notification. Currently, litigators are working as they did in 2003, to amend the applicable statutes to allow civil claims to be brought against responsible parties.

Our Pledge

The attorneys at the Law Offices of Drivon, Turner & Waters continue in their dedication to the rights of victims of sexual abuse and the concealment thereof. If you are a victim of unreported or concealed sexual abuse, you may be entitled to compensation for your suffering. Exposure of these claims also creates societal awareness of this horrible epidemic. We take very seriously the opportunity to hold such perpetrators accountable, and to defend the legal rights of the defenseless. If you have a claim, please contact us by phone at (209)644-1234 or @http://www.drivonlaw.com/

Post Your Comment

Public comments are welcome. All fields are required.

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