Foster Care Sexual Abuse Attorney
While foster care can provide a safe home for children who have dealt with abuse, trauma, or losses that have left them without family, the reality is that these children often face further suffering in a system that all too often fails to keep them safe.
With thousands of children in the Los Angeles County foster care, it has become an unstable program that lacks transparency and is ill-equipped to handle allegations of abuse, even though programs, social workers, and officials must reasonably address and report claims.
The pain and trauma caused by child sexual abuse can leave scars that last a lifetime.
When this abuse occurs in a foster home, a place meant to provide safety from a previous situation that was already likely less than ideal, it can feel especially devastating. Survivors may grapple with feelings of confusion, betrayal, and isolation.
Sexual abuse in foster care can involve either foster parents or others in the home or community. Unfortunately, the very system designed to protect children sometimes fails to prevent harm.
If you are a survivor of child sexual abuse while in a foster home, California law entitles you to file a civil claim against the person(s) responsible, no matter how long ago the abuse occurred.
At Injury Justice Law Firm, our experienced attorneys will work on your behalf to get you the justice and closure you deserve.
We represent survivors of child sexual abuse in civil lawsuits across California, including claims involving sexual abuse against children in foster care, group homes, and daycares. If you or your loved one have a potential case, our foster care sexual abuse lawyers are here to help.
What are the Common Forms of Sexual Abuse in Foster Care?
Foster care systems have legal obligations to handle sexual abuse allegations reasonably. Unfortunately, foster programs often fail to protect placed children from sexual abuse by foster parents and other predators or abusers. Some of the most common forms of sexual abuse in foster care include the following:
- Inappropriate touching. This involves non-consensual, intentional contact with a child's body for sexual purposes, including touching private parts, either over or under clothing, and forcing the child to touch the perpetrator.
- Verbal sexual harassment: This type of sexual abuse involves making sexual comments, jokes, or propositions to a child. It might also include threats or pressure to engage in sexual activities, which creates a hostile and intimidating environment.
- Exposure to sexual content: This includes showing children pornography or even involving them in creating sexual images or videos. Exposing children to sexually explicit material is a type of sexual abuse that can have long-lasting psychological effects.
- Sexual exploitation: Sometimes, children might be coerced or manipulated into performing sexual acts in exchange for money or other benefits. This might involve trafficking, where children are moved from one place to another for sexual exploitation.
- Prostitution or sex trafficking: Sometimes, children in foster care might be coerced into prostitution or sex trafficking. This type of sexual abuse often involves organized criminal activities and control over the victims.
- Rape or attempted rape: This severe form of sexual abuse involves forced or coerced sexual intercourse or attempted intercourse, including any form of penetration, regardless of how slight, without the child's consent.
- Forcing sexual activities with others: In some cases, children might be forced to engage in sexual activities with other children or adults as a pattern of exploitation and abuse within or outside the foster care environment.
Suppose the sexual abuse is committed by a member of a child's foster family, a program worker, or another party. In that case, there are options for survivors to bring civil lawsuits against not only wrongdoers but also the program or system that failed to protect them.
The Damage Sexual Abuse Does to Children
Sexual abuse can deeply affect a child's ability to trust and feel safe in the world. It isn't just a violation of the body; it's a betrayal of trust that carries profound emotional and psychological effects. Children who endure sexual abuse may face challenges such as:
- Psychological impact: Anxiety, depression, post-traumatic stress disorder (PTSD), and feelings of shame or guilt are common. These feelings can persist into adulthood, making it difficult for survivors to build healthy relationships or maintain emotional well-being.
- Behavioral struggles: Many abused children experience disruptions in school, social withdrawal, or impulsive behaviors. They may even turn to harmful coping mechanisms later in life, such as substance abuse.
- Physical effects: Besides immediate physical harm, survivors may deal with long-term health issues, including chronic pain or reproductive health complications.
- Developmental setbacks: Sexual abuse can hinder a child's emotional and social development, leaving them feeling disconnected and unsure of their self-worth.
These negative effects can be compounded even further when the abuse occurs in foster care.
Most children in foster care have come out of difficult home situations where abuse may have already occurred; to go into a "safe" space only to be victimized again can increase the psychological damage exponentially.
How Sexual Abuse Can Occur in Foster Care
Foster care is supposed to be a refuge, but unfortunately, it can sometimes create an environment where children are vulnerable to predatory behavior. Abuse in foster care can occur for several reasons, including:
- Negligent oversight: Oversight systems may fail to monitor foster parents or guardians adequately. This lack of accountability can create opportunities for predators.
- Position of power: Foster parents or other household members may exploit their authority and the inherent trust placed in them to manipulate or harm a child.
- Access to the child: Shared living spaces, lack of proper safeguards, or unchecked contact with other harmful individuals can put foster children at greater risk.
- Broken systems: A shortage of qualified foster parents and overburdened caseworkers may lead to placements in homes that haven't been properly vetted, increasing the likelihood of harm.
No child should have to endure such trauma, and when abuse happens, the responsibility lies with both the individual perpetrator and the system that failed to prevent it. Seeking justice can not only address the wrongdoings but also help shine a light on institutional flaws that contributed to the abuse.
Statute of Limitations for California Child Sexual Abuse Cases
While prosecutors can file criminal charges against perpetrators of child sexual abuse until the victim's 40th birthday, California recently removed the statute of limitations on filing civil claims.
This means that regardless of any criminal charges, you now have the right to seek damages against your abuser no matter how long ago the abuse occurred. This change in the law acknowledges that child victims don't always know how to come forward or hold their abusers accountable until much later in life.
What Damages Can Be Recovered?
Victims of sexual assault, molestation, rape, and another type of sexual abuse might have the right to file bring civil claims against wrongdoers and the foster care systems which failed to take proper steps in preventing abuse and protecting children.
Civil lawsuits for sex abuse claims offer survivors a chance to share their stories, ensure at-fault parties are held accountable, and prevent future abuse. They also can award victims monetary damages for the economic and non-economic losses they have incurred, which can include compensation for the following:
- Emotional injuries,
- Psychological anguish,
- Pain and suffering,
- Medical or mental health services,
- Future medical or mental health treatment.
Our law firm represents minor victims and parents in litigation against abusers and institutional defendants, as well as adult survivors who pursue claims over sexual abuse that occurred when they were children.
New legislation like California AB 218 has allowed numerous adults to bring civil sex abuse claims, which were previously barred by statutes of limitations.
How a Child Sexual Abuse Attorney Can Help
Navigating the aftermath of abuse takes incredible strength, and pursuing a legal case should never feel like something you have to do alone, especially when it involves an offense of this sensitive nature. Some examples of civil claims related to foster care sexual abuse in the following:
- Negligent social workers,
- Negligent hiring of social workers,
- Inadequate screening policies,
- Lack of supervision,
- Lack of training,
- Improper monitoring,
- Ignored complaints or signs of abuse,
- Concealed or falsified reports
The longer it has been since the abuse, the more challenging it may be to find evidence and witnesses to support your claim. Your best hope of success is by hiring a personal injury attorney with specific experience in child sexual abuse cases. An experienced attorney can:
- Provide a safe and compassionate space: An attorney who specializes in sexual abuse cases will understand the sensitive nature of your situation and approach it with empathy and care.
- Gather evidence: An experienced attorney knows how to gather evidence that supports your case, even years after the abuse has occurred.
- Navigate complex legal proceedings: A child sexual abuse case involving foster care can involve multiple parties, including government agencies. A skilled attorney can navigate these complexities on your behalf.
- Maximize compensation for damages: Your attorney will work tirelessly to ensure you receive the maximum amount of compensation for the physical, emotional, and psychological harm caused by the abuse. This can happen either through skilled negotiations out of court or by strong advocacy in court.
For additional information, contact our California sexual abuse lawyers at the Injury Justice Law Firm, based in Los Angeles.
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