San Francisco Injury Lawyer Blog

Parents should be able to send their children to school with confidence that they are safe and protected from harm while they learn. This is a fundamental promise that our communities make to families. As an Oakland sexual abuse victim’s law firm, our team is committed to helping when this commitment is not met. Abuse in Oakland schools should not be tolerated and victims and their families should pursue justice in both civil and criminal court.

The Oakland Tribune reported this week on the conclusion to a criminal case against a former area school teacher. Michael Merrick, 48, was a teacher at Lafayette’s Stanley Middle School when he was arrested on abuse charges in October 2010. The charges that Merrick molested a fourteen year-old girl stemmed from time the two spent in private summer tutoring sessions on school property and evidence included semen stains from a classroom couch as well as text messages sent by Merrick to the young teen. Merrick accepted a plea deal in the criminal case that will result in five years and eight months in prison. As part of the agreement, Martinez confessed to his actions in court and apologized to the girl, her family, and the community that trusted him with their youth.

Of course, no court action can ever bring back the loss of innocence or undo the harm caused by molestation, especially when the perpetrator was a trusted adult. That said, it is important that victim’s families consider whether a California civil lawsuit for sexual abuse may be an appropriate and even necessary step towards recovery. A criminal conviction is an important element of justice and can provide an important mental and emotional role in the victim’s recovery. However, a criminal conviction cannot address many of the very real aftereffects of the abuse. It is vital that abuse victims are able to receive skilled psychological counseling and this can be a very costly, long-term endeavor. In some cases, medical bills for physical injury may also be a factor. Only a civil lawsuit can provide the financial compensation from the abuser that will help a victim afford this necessary emotional and physical treatment.

In some cases, parties other than the abuser may be included in a civil sexual abuse lawsuit. This can be helpful where the perpetrator may be unable to pay an award. It can also serve as a strong statement about responsibility, especially where children are involved. Our schools owe a safe environment to our children. Consulting a skilled Oakland school injury attorney will allow you to explore whether a claim against the school district is also appropriate in your specific case. If the school was negligent in monitoring safety or responding to prior reports, including the school in a lawsuit can increase the civil recovery and can also help send a strong message that may result in greater precautions in the future.

Again, The Brod Law Firm knows that no amount of money can ever truly compensate a victim for the horror of abuse. However, money can help with both psychological and physical treatment. This is what the civil system is for – compensating victims. Please reach out if we can help you and your family move ahead after an unimaginable trauma.

See Related Blog Posts:
Remembering the Victims: San Francisco Victim’s Rights Attorney Comments on Criminal Sentencing of Child Molester
Oakland School Threats Reminder of Need for Safe School Environments

While nothing can ever undo the harm caused by child molester, our San Francisco abuse lawyer is always gratified to see justice served and evil punished. The recent sentencing of a San Francisco child molester reminds us that the criminal justice system can work to penalize those who violate the law and the standards of common decency. This case also serves as an opportunity to remind residents that our dual legal system provides both the opportunity to punish offenders and the opportunity for victims to recover monetary damages for the harm done. The wrong cannot be undone but the system can provide compensation to help victims move forward after an egregious harm.

On Sunday, the San Francisco Chronicle reported on the sentencing of a repeat child molester. The investigation against Julius Lewis began in 2006 when a six year-old girl, a friend of Lewis’s daughter, reported that she had been molested by Lewis. In addition to charges related to that victim, the case included charges that Lewis molested his step-daughter beginning in 1989. Some of the acts occurred during the time Lewis lived in Texas and had also served a prison sentence there for indecency with a child. Lewis was convicted in September on five counts of lewd acts with a minor and was sentenced this past Friday to twenty-nine years in prison.

It is important to remember that our judicial system has separate and distinct courts for civil and criminal charges. A conviction in criminal court represents official authorities imposing punishment on a wrongdoer for violating the law. The civil system, in contrast, focuses on redressing the wrong done to a victim. An abuse victim in San Francisco can bring a civil suit regardless of whether criminal charges are successful and even if no criminal case is filed. Criminal convictions can be a huge psychological win for a victim but only a civil suit can help them recover damages for their experience. While no amount of money can undo the acts, it can help the victim access resources to help them recover from the emotional and physical trauma. A civil victory can also allow the victim to feel truly heard.

California law recognizes that child victims may be unable to speak about the abuse while it is ongoing. As such, the law allows victims to file civil child abuse claims until their 26th birthday. The law also recognizes that victims may repress the memory of the abuse, a survival technique of sorts. If a victim recovers the memory of the abuse at a later point, the limitations period can be expanded to allow the claim to be filed within three years of the time the memory surfaces.

The numbers are frightening, especially for parents. Statistics suggest one in four girls and one in six boys will experience sexual abuse prior to their eighteenth birthday. At The Brod Law Firm, we applaud criminal convictions that show that California will not tolerate these horrible crimes. We also urge the adult victims of childhood sexual abuse or the parents of current victims to consider a civil lawsuit. It will not undo the harm, but it can help the victim afford treatment and give them a sense of that their voice has been heard. As an experienced San Francisco victim’s law firm, we can help you pursue justice. We also hope all abuse victims will seek help from a specialized mental health practitioner to assist them in moving forward from the harm.

See Related Blog Posts:
Sacramento Attorney Comments on Finding Justice for Victims as a Pastor Faces Charges of Sexual Abuse of Children
Oakland-San Francisco Elder Abuse Attorney Comments on Rampant Abuse in Group Homes

It isn’t the type of story we like to think about during the holidays. It isn’t the type of story that we like to hear about any time of the year. It is, however, the type of story we must talk about because talking about hard stories is the only way to bring perpetrators to justice, help victims move forward, and give potential future offenders notice that their behavior will not be tolerated. This sad story is also an opportunity to remind the community that we are trained and prepared to act as attorneys for victims of sexual abuse in Sacramento and throughout Northern California. We cannot erase the past, but we can help victims put the pieces back together and recover financial damages that will help them afford counseling and other necessary treatments.

This past week, as headlines about the sexual abuse scandal at Penn State dominated the national press, a local courtroom investigated sexual assault accusations against a pastor in Citrus Heights. The Sacramento Bee reported that Tommy Jean Daniels, 49, is on trial for 12 counts of child molestation. Daniels is a preacher at Rio Linda First Baptist and the charges, ranging from 2003 to 2005, relate to a home-based child care business run by his wife. Of the five alleged female victims, four were adopted children with troubled histories whose adoptive families placed them in the care center on the advice of social service professionals. The fifth was a child placed in the center for day care while the parents worked. Daniels has continued to assert his innocence, with his attorneys suggesting the children have a history of lying.

We do not know the truth of the Daniels case, but we do know that too many children (and adults) suffer sexual abuse. Despite the “Don’t Talk to Strangers” campaigns many of adults recall from our own childhoods, the majority of perpetrators are people victim knows and trusts. California law is particularly strict on cases of statutory rape, setting the age of consent at 18 (except when the parties are married) with a tiered system imposing harsher criminal penalties where a greater age gap exists. Harsher penalties also apply when the perpetrator is over 21 and the victim is under 16. These are strict liability cases in criminal court, meaning the prosecution only needs to prove the sexual act occurred and consent is not at issue.

In addition to criminal charges, civil liability can arise from sexual abuse cases whether they involve minors or adults. California does place a statute of limitations on civil court sexual abuse cases. While most limitation periods start with the offending act, abuse cases involving minors may be brought for eight years after the victim reaches 18 (i.e. before age 26). There is, however, an exception that allows a claim to be brought within three years when the victim previously repressed the memory of the assault. The limitations period for abuse of an adult is generally shorter but can vary depending on the precise claim.

An additional law allows childhood sexual abuse victims to file civil suits against people who failed to act when despite knowing of the abuse perpetrated by their employee, agent, volunteer, or other representative but who failed to act to stop the abuse. This law was, in part, a reaction to the scandals in the Catholic Church. The statute of limitations in these claims is one year from discovery.

While the outcome of the Daniels case remains to be seen, the trial reminds all of us that sexual abuse is a very real problem that disrupts what should be the innocent years of childhood. As your Northern California personal injury law firm, The Brod Law Firm is ready and able to help. We are Sacramento attorneys for sexual abuse survivors and we can help victims recover money damages. We cannot undo the past but a civil victory can open access to resources that will help victim recover and can also be an emotional triumph in itself. Furthermore, civil suits reiterate the message that California law will not tolerate these horrid offenses. As civil attorneys for Northern California abuse victims, we are proud to be part of that message and to help victims move forward.

See Related Blog Posts:
Sacramento Nursing Home Neglect Hidden By Falsified Records
Oakland-San Francisco Attorney Comments on Elder Abuse