EspañolCalifornia Court of Appeal Ruled That Michael Jackson’s Accusers Can Proceed With Lawsuit Against MJJ Productions Inc.
LOS ANGELES, CALIFORNIA (June 28, 2023) – Michael Jackson’s accusers may finally have their day in court after a California Court of Appeal ruled that their lawsuit against MJJ Productions can proceed.
The court proceedings came four years after the Leaving Neverland documentary shed new light over child molestation accusations against Michael Jackson. A series of court cases hung over the pop star for a large portion of the latter years of his life.
The two plaintiffs in the lawsuit allege that Michael Jackson’s production company MJJ Productions Inc. was complicit with and aided in the sexual abuse they experienced. They also claim that the company took part in a subsequent cover-up.
MJJ Productions argued in court that they could not be held liable for any abuse. They claimed that they had no duty of care towards the plaintiffs because “they had no ability to control Jackson — their sole owner — or his interactions with” the two children.
The Court of Appeal disagreed with this legal reasoning. They held that “a corporation that facilitates the sexual abuse of children by one of its employees is not excused from an affirmative duty to protect those children merely because it is solely owned by the perpetrator of the abuse.”
According to court rulings, numerous former employees of MJJ productions witnessed “incidents of suspicious activity,” but failed to act. One of those instances included Michael Jackson allegedly putting his hand on the front of the plaintiff’s shorts while the two were in a jacuzzi.
Both plaintiffs cases were originally dismissed because the statute of limitations had passed. But they were eventually reinstated after California legislatures passed the Child Victims Act.
The legislation provides a noteworthy three-year look back window that began on January 1, 2020. It also allows victims of childhood sexual abuse to file civil claims until they turn 40.
Liability For Childhood Sexual Abuse In California
Childhood sexual abuse is unfortunately very common. It occurs at nearly every level of society, both in the home and across private and public institutions. According to the National Center for Victims of Crime, “Self-report studies show that 20% of adult females and 5-10% of adult males recall a childhood sexual assault or sexual abuse incident. Over the course of their lifetime, 28% of U.S. youth ages 14 to 17 had been sexually victimized.” Childhood sexual abuse can take many different forms.
- Touching a child’s genitals for sexual pleasure.
- Exposing a child to pornography.
- Encouraging a child to perform sexual acts.
Any person that sexually abuses a child can face criminal penalties including jail time. Pursuant to California Penal Code 288(a), it is a crime for a person to commit any lewd or lascivious act on a child under 16 years of age. This includes touching a child’s body for sexual purposes. The touching does not need to be on bare skin. A sexual abuser can also be held accountable through a civil claim. According to California Civil Code section 1708.5. “A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages.”
A private corporation could also be liable for sexual abuse. Companies owe a duty of care to protect the children entrusted to them from reasonably foreseeable sources of harm. This includes protection against sexual abuse. In many situations, employees for a company knew that someone within the company was abusing children. But they often don’t take any action because they are afraid of losing their job. They are also concerned about potential retaliation. These are not good excuses for failing to protect children. There are a number of steps that should be taken after any instance of childhood sexual abuse.
- Eye witnesses should be interviewed.
- Medical records should be preserved.
- A police report should be created.
- An experienced child sexual abuse attorney should be consulted.
California’s Child Victims Act has opened the door for so many people to finally seek justice previously unavailable to them. If you are the victim of sexual abuse and you were not able to move forward with a claim, you may now be able to. Victims of sexual abuse are able to seek damages for the trauma that they’ve endured. It is best to speak with a child sexual abuse attorney about the specific facts of your case. An attorney can help you get the support and justice that you deserve.
Investigating Childhood Sexual Abuse Claims
We at the Carrillo Law Firm, LLP extend our best wishes to all of the people who may have been victims of sexual abuse at the hands of Michael Jackson. They deserve their day in court and to have a jury hear the facts of their case. There needs to be some accountability on the part of all of the people who may have been able to prevent the abuse but failed to act.
Have you or someone that you care about been the victim of childhood sexual abuse. There are a number of laws designed to protect your rights. Our team of child sexual abuse attorneys are committed to getting abuse victims justice. We have a long track record of fighting aggressively for our clients and getting them record breaking settlements. Whether you just have legal questions or are thinking about hiring an attorney we are here for you. You are always welcome to reach out to us anytime at 626-799-9375.
