EspañolCalifornia Legislature Prepared To Pass New Law As Los Angeles County Faces $3 Billion Payout For Sexual Abuse Victims
LOS ANGELES, CALIFORNIA (May 2, 2023) – Los Angeles County is facing up to $3 billion in sexual assault claims after decades of failure protecting children from sexual abuse, according to the LA Times.
The payouts are coming after decades of alleged sexual abuse in numerous school districts, foster homes, colleges and youth athletic groups. California previously passed the Child Victim’s Act, which expanded the statute of limitations for child sex abuse victims to 40, up from 26.
The law also opened a three year statute of limitations for abuse victims over the age of 40. A new bill that is poised to be passed by the California legislature would eliminate the statute of limitations for child sexual abuse claims.
The proposed law comes after President Biden signed the “Eliminating Limits to Justice for Child Sex Abuse Victims Act.” According to the law, “This act eliminates the statute of limitations for a minor victim of a human trafficking offense or federal sex offense to file a civil action to recover damages.”
Around two weeks ago, county officials released a budget document. It was in this document that county officials predicted that they may need to appropriate between $1.6 billion to $3 billion for child sex abuse settlements.
The amount stems from the roughly 3,000 claims that Los Angeles County has yet to resolve. One high-ranking budget officials said the effects of the lawsuits would be “unprecedented in scope.” One of the hallmarks of the abuse detailed in the claims was that higher-ups were turning a blind eye to the rampant abuse.
By some estimates, there are a few new claims that are being brought every week. As a result of the pending claims, county officials are trying to figure out where the money for the settlements will come from.
Liability For Los Angeles Childhood Sexual Abuse
Los Angeles County has a long and sordid past when it comes to institutional sexual assaults against children. Consider, for example, one of the lawsuits filed in Superior Court against the Santa Clarita juvenile camp. One teenager who was placed there in the late 1990s said in court documents she was forced to engage in sexual intercourse with a deputy probation officer two to three times a week during her time at Camp Scott. After she became pregnant and had a miscarriage, the probation officer ordered her to keep what happened secret. There are a number of steps that counties should take to prevent instances of childhood sexual abuse at its institutions.
- All instances of suspected sexual abuse should be properly reported and documented.
- Teachers, correctional officers and all of those who are caring for children should be thoroughly vetted.
- Children should always be properly monitored and supervised.
A county in California could be liable for the sexual abuse of minors in their care. Under California Government Code section 815.2, a public entity such as a school district can be liable for an act or omission of an employee of the public entity working within the scope of his or her employment. Consider, for example, Taylor v. Oakland Scavenger Co., 17 Cal. 2d 594 [110 P.2d 1044], “It is the duty of the school authorities to supervise at all times the conduct of the children on the school grounds and to enforce those rules and regulations necessary to their protection.” When a school fails to supervise children in their care and this leads to abuse, that could form the basis of a negligence claim.
A large portion of childhood sexual abuse takes place because people in power turn a blind eye. But this is against the law. Pursuant to California Penal Code 11166(c), school personnel, social workers, teachers and law enforcement are mandated reporters. They must report all reasonably suspected instances of sexual abuse. Failure to do so could result in criminal and civil penalties. There are a number of reasons that a mandated reporter might choose to overlook childhood sexual abuse.
- A county employee may fear being ostracized by their employer or peers.
- A county employee may be worried that they will experience retaliation if they speak up.
- A county employee may be concerned about hurting the reputation of a co-worker.
Any person that has been a victim of childhood sexual abuse in Los Angeles County may have legal recourse through a civil claim. Even if you were not eligible to pursue a claim in the past, there is a new law under consideration that may allow you to pursue a claim. Damages in a civil claim can help cover many of the expenses that often coincide with childhood sexual abuse. Sexual abuse is one of the most destructive and harmful things that most people will ever endure. A childhood sexual abuse attorney can examine all of the facts of your case and let you know if you have a claim that can be pursued.
Investigating Los Angeles County Childhood Sexual Abuse Claims
We at the Carrillo Law Firm, LLP extend our best wishes to all of the victims of childhood sexual abuse in Los Angeles County. This abuse was the result of decades of systemic failures and negligence. We believe strongly that the abusers and their enablers need to be held accountable for the sake of all of the children robbed of their innocence. It is our sincere hope that the string of settlements that L.A. County will have to pay for will result in lasting change.
Have you or someone that you care about been the victim of childhood sexual abuse in Los Angeles County? Our team of Los Angeles County childhood sexual abuse attorneys are here for you. We care deeply that abuse victims are aware of their rights and that they get the justice and support that they are entitled to. Whether you just have legal questions or need any type of support after any incident we are here for you. You can reach out to us anytime at 626-799-9375.
