Sexual Assault
Where We Stand on the Rape Kit Backlog Problem
Type the term “rape kit backlog” into a Google search and be prepared to be overwhelmed. Victims of sexual assault have been told for years that allowing for the collection of DNA evidence is their best chance at catching their attacker. Already traumatized victims undergo a special rape exam where they are literally picked over…
Read MoreHuman Trafficking Is a Growing Problem, and California Is No Exception
It’s a sad truth that human trafficking used to be a term that conjured up thoughts of poor people in faraway countries working in fields or mines. We live in the United States where we don’t have the same widespread level of poverty or social issues as other countries, don’t we? That’s true to an…
Read MoreHigh Profile Sexual Assault Allegations Are Changing the Rules
That sound you hear is dominoes falling from a high altitude. It began slowly and picked up the pace with the #MeToo campaign giving victims the confidence to finally come forward and publicly point their fingers at their abusers. The last couple of years haven’t been good for anyone in a high profile position in…
Read MoreHow to Recognize the Signs of Sexual Abuse
Do you think your child may be the victim of sexual abuse at the hands of someone you have trusted, such as a partner, family member, priest, neighbor, or even a teacher? While it is not always easy to get children to speak about things that are going on, especially if they are afraid of…
Read MoreWhen Is a School Responsible for a Victim’s Sexual Assault?
When you send your child to school, you expect them to learn in a comfortable, safe environment with teachers and support staff members who care about the success of each child. While this is true for the most part, some teachers or school staff members may use their power to gain control over others, including…
Read MoreWhy At-Home Rape Kits Should Be Avoided
A company in Brooklyn has recently released a DIY rape kit, with the goal of enabling survivors to take and submit their own DNA samples. The MeToo Kits are supposedly designed to prevent victims from feeling like they are being victimized all over again. They are also a terrible idea. Rape is both physically and…
Read MoreTaking a Lesson from Bill Cosby
Bill Cosby, once a respected comedian, television actor, and public speaker, has since been sentenced to 3-10 years in prison for committing sexual offenses. In an era of Harvey Weinstein and Matt Lauer, or #MeToo and #WhyIDidntReport, it is easy to forget that Cosby’s crimes once dominated the headlines. Over and over again, we heard…
Read MoreWhat is Consent? Separating Sexual Assault from a Misunderstanding
“Consent” is the agreement between two people to engage in whatever sexual behaviors they want. Theoretically and ethically, this is a simple thing. But the reality is that there are gray areas in the laws, and those shades of gray can make it incredibly difficult for victims of sexual assault to get the justice they…
Read MoreCan You Claim Punitive Damages for Sexual Assault?
The essence of a punitive damage claims is to punish someone who’s wrongs are unconscionable, so they don’t harm anyone else. The payment of punitive damages is paid to the injured plaintiff. A punitive damage claim in any type of case requires more than a showing of carelessness or negligence. In California, the defendant must…
Read MoreWe Need to Address the “Good Family” Defense of Abusers and Rapists
NBC News reported on July 3, 2019 that a New Jersey judge’s decision that a 16-year-old boy who was accused of the rape of an intoxicated girl was overturned by a higher state court. The accused, according to prosecutors, also filmed the sexual assault/rape and sent it to his friends. The government sought to have…
Read More