Adult-Survivors of Child Sex Abuse Raise Allegations in Several States

In March 2020, as states around the country issued stay-at-home orders in light of the COVID-19 pandemic, workers at the National Sexual Assault Hotline noticed a devasting statistic: for the first time ever, half of the hotline calls were made by children under the age of 18. As a result of the incoming contacts, it was clear to the Rape, Abuse and Incest National Network (RAINN), which runs the hotline, that child sexual abuse was escalating in both frequency and severity. Many children found themselves quarantined with their abuser, and the abuser was now abusing them daily.

While the pandemic upturned much of the normalcy in our world, children, and even those who were once minors, continued to live in endless cycles of shame, fear, and pain. Although this last year has been one of isolation for the purpose of safety, there are still countless sexual abuse allegations and police investigations taking place in States like Texas, Illinois, and California. For many, safety seems so far out of sight.

Clergy Sex Abuse Allegations on the Rise

There is a wide range of reasons people don’t report their experiences with sexual harassment or abuse to authorities and oftentimes even hide them from friends and family members. One reason may be self-blame, according to Karen G. Weiss, an associate professor of sociology at West Virginia University. “The public may not realize just how many victims of any crime blame themselves for their own victimization,‚Äù Weiss said. “They may question what they did wrong and believe it was their fault.‚Äù Another reason, and the one most likely common among victims of child sex abuse, is that many people who have been molested don’t realize it as such. It’s not until they’re well into their years of adolescence and young adulthood that the abuse materializes into reality. Some never come forward; others do so only decades later.

Recently, two brothers in their 60s described years of sexual abuse suffered from Michael Pfleger ‚Äì a now-former catholic priest of the Archdiocese of Chicago. They grew up in an improvised neighborhood on Chicago’s West Side, the two youngest of five children who joined the choir at the Precious Blood Catholic Church. They said they were drawn to a young, charismatic seminarian who directed their musical performances and took them out for pizza. The men, whose abuse began in the early 1970s, never revealed the secret, not even to each other — at least not until the younger of the two submitted his allegations to the Roman Catholic Archdiocese of Chicago.

Such occurrences exist in Texas too. As of November 2020, Six former students at the Jesuit College Preparatory School of Dallas joined a lawsuit saying they were abused by priests when they were enrolled there during the late 1970s and early 1980s. One of the most troubling aspects of the case is that the Jesuit Order had knowledge that these priests had accusations lodged against them for sexually inappropriate conduct and yet allowed them to remain as teachers at the Prep School.

California Assembly Bill 218 Helps Hundreds to Come Forward

In 2019, California Governor Gavin Newsom signed a bill that allows new lawsuits to be filed – lawsuits based on old child sexual abuse allegations previously barred by the statute of limitations. The new law provides a three-year window beginning in January 2020 for new lawsuits to be filed. Today, for the first time, attorneys handling those cases have a clear idea of just how many victims are taking advantage of this window. In Northern California alone, there are a little over 600 victims of clergy abuse. Experts expect a significant rise in more new cases in Southern California, even though many victims never cross the threshold of publicly admitting their priests sexually abused them.

A spokesperson from the Survivors Network of those Abused by Priests (SNAP) explained in a statement that every time a survivor comes forward to tell their story, society becomes much safer. “We know that many Catholic abusers are alive and unmonitored, meaning they pose a current danger to the communities they live in. Fortunately, Assembly Bill 218 will help repair that problem, allowing survivors to come forward and creating safer, more informed communities.‚Äù

How We Help Sex Abuse Victims

Our national sexual abuse lawyers work one-on-one with survivors, offering a direct, personal level of care and discretion. We use our decades of experience battling big organizations to fight on behalf of survivors, aggressively taking on those responsible for causing pain and suffering. If you are a survivor of childhood sexual abuse, we can help.

Adult survivors of child sex abuse are getting a renewed chance at justice.

In California, Hawai‘i, and a handful of other states, new laws are extending the time limit to file a case and allowing survivors to seek legal action and compensation. Survivors who may have been previously time-barred from suing abusers or the institutions these abusers represented now have the opportunity to file a lawsuit, even if the abuse occurred decades ago, or if a prior lawsuit was filed but dismissed as time-barred.

The damage of childhood sexual abuse committed by adults within trusted institutions that we depend on is resounding. Many young survivors’ complaints were ignored or silenced as children, while others were time-barred because they waited until adulthood to report the abuse. Still, some victims in their 50s and 60s are just now uncovering repressed childhood sexual abuse. These survivors are finally making the connection to years of psychological distress, failed relationships, and destructive behaviors stemming from long-forgotten or suppressed abuse.

Galiher DeRobertis & Waxman is helping survivors of childhood sexual abuse find justice and compensation. We are part of a network of experienced sex abuse attorneys representing survivors across the country. Our Childhood Sexual Assault Legal Team offers dedicated and heightened level of survivor support and discretion. If you are an adult survivor of childhood sexual abuse and you believe you have a potential lawsuit, contact us. We will meet with you to evaluate your claim with no obligation on your part. To learn more about your legal rights and options, please call 1-877-8-ABUSED (1-877-822-8733). Our team will begin working immediately and aggressively to obtain the best result for your case. Contact is kept confidential.

Click here to learn more about Child Sex Abuse and how Galiher DeRobertis & Waxman can help you.

Powerful Failures: Institutional Neglect and Abuse

Established institutions can often make us feel part of an important community: one that is productive, safe and inclusive. Because of this, we understandably trust them with our families and even our children. For decades however, countless allegations and cases brought forth by victims of child sexual abuse refute that trust. Prominent institutions like The Catholic Church and Boy Scouts of America (BSA) are deemed complicit in the sexual abuse their young members face. Despite obtaining lists of suspected pedophiles in their ranks, these institutions have failed to protect the children they are responsible for in favor of maintaining their reputations and standing.

As a result of this, victims of sexual abuse are now being encouraged to speak up despite obstacles like the stigma surrounding critique of religious institutions and the statutes of limitations in different states. When victims are allowed to face their abusers in court, they can hold institutions that neglected to implement vital safeguards and suppressed critical information accountable; ending the vicious cycle of abuse and neglect of children in these positions.

Continuing Scandals of The Catholic Church

In 2002, a series of investigative reports on the Catholic Church’s abuse crisis was published by The Boston Globe. The Pulitzer Prize-winning coverage was detailed in the motion picture Spotlight and entirely changed the way people discussed and responded to such abuse.

Today, victims of child sexual abuse in religious circles are much more encouraged to legally challenge major institutions with their allegations. This is supported by a recently filed lawsuit in Buffalo, New York. The Buffalo News reported on an allegation from a 45-year old anonymous plaintiff who was abused by a Reverend Smyczynski in the mid-1980s. The plaintiff claimed that the family was made to keep quiet about the abuse he faced as a 10-year old altar boy when an annulment process was sped up for his parents. In the Church’s central practices, a marriage annulment is often a long and rigorous process that can discourage individuals from attempting it to begin with. However, Reverend Trautman, at the time chancellor of the Buffalo’s Diocese, was willing to grant a speedy nullification in exchange for covering up Smyczynski’s abuse of the victim.

While 35 years have passed since the plaintiff’s abuse, the lawsuit names Trautman and the Buffalo Diocese as defendants. The lawsuit is significant in that it represents the many children that were put in harm’s way as a result of cover-ups and the failures to report abuse. This issue is also true in the Boy Scouts of America’s child sexual abuse cases.

Boy Scouts and Victims  

At the onset of the 20th century, Boy Scouts of America was founded with the purpose of instilling the values of a responsible, dutiful, and moral citizen in American youth. However, as early as 1919, BSA’s mission has been overshadowed by the predatory behavior among scout leaders. This is made evident in the ineligible volunteer files, a paper trail of years of abuse recorded by BSA in order to maintain confidentiality of the incidences.

At least two men from California have brought forth allegations against their former scout leaders with many more preparing to file similar claims. Hundreds of survivors across the U.S. are sharing their stories with lawyers. While most of these men have named their abusers within the organization, BSA has persistently concealed their identities despite their recorded knowledge of the abuse. The supposed cover-up by BSA essentially provides legal standing for the victims to file suit.

Extending the Statute of Limitations 

Until recently, California law required survivors who wanted to hold their violators accountable to file a lawsuit by age 26, or within three years of realizing their psychological injury or illness was caused by childhood abuse. However, a new California law, Assembly Bill 218, allows survivors to override the previous legal hurdle. Enacted in Dec. 2019, the new law, also known as the Child Victims Act, provides a three-year “look-back window.” This means that sexual abuse claims that have since passed the statute of limitations can be pursued. California courts can now triple the amount of damages awarded to a victim if there was an attempt to cover-up the abuse.

For the victims of sexual abuse in California, this means that the chance to receive both closure and justice for the trauma faced at their time in BSA is not lost.