The Worthy Adversary

Category: Uncategorized

  • New Jersey Opens Window for Survivors

    New Jersey Opens Window for Survivors

    On December 1, New Jersey opened its two-year window for adult survivors of child sexual abuse.

    From WHYY:

    A landmark New Jersey law, that takes effect Sunday, opens a two-year window for all past victims to file civil lawsuits against their perpetrators, as long as the abuse occurred in the state.

    Many such victims had previously been blocked from suing by a two-year statute of limitations.

    The law also overhauls that statute of limitations for future victims. Now, future child victims have until age 55 — or within seven years of realizing an injury was caused by past abuse, whichever is later — to file a civil lawsuit. Future adult victims will have seven years from discovering an injury to sue.

    The new, two-year window for child and adult survivors is seen as one of the most expansive in the country, as more states begin to loosen civil statutes of limitations that victims’ advocates say are too restrictive and thwart justice.

    Victims have already begun to take advantage of the law, exposing child sexual abuse by now-disgraced former Cardinal Theodore McCarrick, Boy Scout leaders, and priests across the state.

    I encourage anyone who was sexually abused as a child in New Jersey to explore their options under the new law. The civil process is one of the few ways we can keep kids safer from abuse RIGHT NOW by exposing abuse that old laws kept hidden.

    The process is also tremendously healing. I’ve been there. It works.

    Got questions? You can ask me. Check out this short video, as well.

  • The Archdiocese of San Francisco is Having a Party for Abuse Survivors

    Funny, the Archdiocese didn’t care about victims until Gavin Newsom signed AB 218 into law. The new law allows adult survivors of child sex abuse in California to use the civil courts to expose abuse and cover-up.

    So now, diocese officials are trying to get all friendly before January 1, 2020, when victims can start filing lawsuits and demanding transparency.

    A Few Notes

    • This outreach and event are motivated by FEAR.
    • The Archdiocese provided NO resources, meet and greets, or dinners before the law passed.
    • They most certainly have never asked for survivor insight or “planning.”
    • The Archdiocese of San Francisco has, to date, NOT released any kind of list of known or suspected perpetrators, like more than 150 other dioceses have done across the U.S.
    • There is one purpose and one alone for this meet and greet: herding survivors into their Independent Compensation Plan. This plan, while providing compensation for some survivors, allows the Archdiocese to keep secret what they knew about abuse, who the abusers are, and the extent of the cover-up.

    What should survivors do?

    • Well, if you’re in San Francisco, I would go and demand answers. Heck, it’s a free dinner, so let them feed you while you demand to know why they won’t release the names of known predators.
    • Demand they show this video, which informs victims of their new rights under AB 218.

    Whatever you do, sign NOTHING and take video.

  • California opens three-year window for victims of child sexual abuse

    California Enacts AB 218: Landmark Bill Protects Children from Sexual Abuse

    California Enacts AB 218: Landmark Bill Protects Children from Sexual Abuse

    Zero Abuse Project Commends the New Law, Which Opens a Three-Year Window for Survivors of Childhood Sexual Assault to Seek Justice and Hold Institutions Accountable.

    Sacramento CA, (October 13, 2019) – Zero Abuse Project today issued the following statement from Joelle Casteix, the only survivor to testify on behalf of California Assembly Bill 218 (AB 218), a founding board member of Zero Abuse Project and former Western Regional Leader of SNAP, on Governor Gavin Newsom signing AB 218 into law. The bill is an important step forward for survivors of child sexual abuse and is critical in the effort to protect California’s children. AB 218 tackles child sexual abuse in three ways: it opens a three-year “lookback window” for previously time barred claims; extends the civil statute of limitations to age 40; and widens the definition of childhood sexual abuse to childhood sexual assault. The three-year lookback window created by AB 218 opens on January 1, 2020. During this time, survivors of childhood sexual assault can bring civil suits against their predators and the institutions that covered for them, regardless of how long ago the crime occurred.

    “For almost 16 years, the courthouse doors have been closed to California’s adult survivors of childhood sexual assault – especially survivors from impoverished and immigrant communities. Today, Governor Newsom and Assemblywoman Lorena Gonzalez changed the balance of power. Survivors can finally help protect kids by ensuring that what happened to them does not happen to another child.

    “Child sexual assault is a crime of power that uses sex as a weapon. Predators know that child victims are likely not to report. Predators rely on institutions for access and cover-up. Now, with this three-year civil window, survivors can expose abusers who are still working with children today, as well as the institutions that cover it up. We are sending a loud and clear message – predators and those who protect them are no longer safe in the Golden State.

    “Now that AB 218 is law, we will learn the true scope of the crimes of abuse and cover-up across the state. Predators will no longer have get out of jail free cards. Survivors will take back the reins, regaining control of their lives. Our children will be protected.”

    ###

     Joelle Casteix testified as the main witness on behalf of AB 218 in Sacramento. She is a survivor of childhood sexual abuse in California and successfully sued the Catholic Church in 2002. Joelle is now a leading national spokesperson and advocate for other survivors. An expert on institutional child sexual abuse and cover-up, she is a TEDx presenter and the author of The Well-Armored Child, a Parent’s Guide to Preventing Child Sexual Abuse. She is a founding board member of Zero Abuse Project, a 501(c)(3) organization committed to eliminating child sexual abuse in all its forms. She is the former Western Regional Leader of SNAP, the Survivors Network of those Abused by Priests.

  • Civil windows open questions. Here are some answers.

    Survivors of child sexual abuse often don’t know what to do when a civil window opens in their state. Here I answer some of the most common questions from my own experience in California’s 2003 civil window.

  • Class Action Sex Abuse Lawsuits Part 2: Lessons from Covington

    Class Action Sex Abuse Lawsuits Part 2: Lessons from Covington

    ~Part two in a multi-part series~previous post

    Settlement Class Actions Lawsuits are BAD for victims and BAD for transparency.

    But they are mighty good for bishops.

    Here is what we know about victims of child sexual abuse:

    • It can take decades for victims to come forward, because child sexual abuse is a crime of shame and secrecy
    • Victims of child sexual abuse should be able to come forward when THEY ARE READY
    • Statutes of limitation put artificial timelines on victims and let predators roam free. That is why SOL reform is so important.

    And here is what we know about class action lawsuits when it comes to child sexual abuse:

    In June 2005 in the Diocese of Covington, KY, church officials there settled a class action lawsuit with an undisclosed amount of victims (newspaper reports suggest approximately 200) for $120 million.

    Let’s look at the terms.

    1. No secret documents were released. No evidence of abuse or cover-up was disclosed.

    From the Baltimore Sun:

    The Kentucky case apparently does not require the Diocese of Covington to publicly disclose any internal church documents that could shed light on the extent of any abuse or how the diocese handled accusations against its priests.

    2. No names of child predators were made public. We don’t know who the predators are. The diocese didn’t have to tell the victims.

    From the Washington Post

    According to the diocese’s most recent public report, it has received 205 allegations against 35 priests, nearly 10 percent of the 364 priests who have ever worked for the diocese. Sixteen of the accused priests are dead; five have been laicized, or defrocked; and 14 have been permanently removed from ministry but remain priests, the diocese said.

    No names were released.

    There are only 19 named credibly accused priests from the Diocese of Covington on the BishopAccountability.com database.

    3. The diocese doesn’t have to pay all of the money

    Yes, the settlement was $120 million. But that’s a FINAL amount. From the Washington Post:

    But lawyers and victims’ advocates said there is a fundamental difference between the Covington settlement and other large settlements across the country. The fund created by the Kentucky diocese is the maximum amount it will have to pay. Depending on how many alleged victims come forward, it may spend less than the full $120 million. Any unused money will revert to the diocese.

    4. The class action stripped many survivors of their rights. Born before 1980 and sexually abused in Covington? You are subject to the evil-opt out. I will go into that in more detail in my next blog post.

    Let’s say that you are a survivor who had not come to terms with their abuse (or who didn’t realize that the damage they had suffered in their life was due to their abuse), or maybe you were in the depths of depression, addiction, etc., in 2004 when the opt-out passed. Or maybe you just didn’t know.

    Sorry. You’re a member of the class, whether you like it or not.

    What if you entered the military at age 18 and just retired this year. What if you may have an active statute in state court? Oops! Your case is in trouble. Big trouble.

    What about all of the NEW predators who have been outed since 2004? And all of the new victims who have been empowered to come forward? Like the women who were told that 15-year-old girls are to blame when they are raped by priests. Nope, they are members of the class. Covington can sit pretty. They don’t have to worry their little heads about a thing. New victims are shuffled into the class. New outed perpetrators remain nicely hidden.

    Wanna expose the bishop of abuse in the courts? Sorry. Get in the back of the line of the class. And they will dare you to call it a credible allegation. “You’re just in line for the money,” the bishops will say. “If you really had a case, you would sue.”

    5. Outside of the named plaintiffs, other survivors will be little more than a number.

    Let’s not forget what Mitchell A. Toups, one of the lead attorneys in the class-action case, told the Washington Post: the class-action suit could serve as a one-stop national clearinghouse to resolve all cases of abuse.

    That’s every bishop’s dream. Line them up, assignment them a number, pay them off, kick ’em out. It’s better and easier for the bishops than an Independent Reconciliation and Compensation Fund (IRCP). I will discuss class actions vs. IRCPs in a later post.

     

    Coming up in the next post: The Evil Opt-Out

    Other posts will discuss the RICO argument, and how class actions lock the courthouse doors for many victims, the illusion of accountability, and IRCPs vs. Class Action Lawsuits