Juvenile detention centers, also known as juvenile halls, are meant to serve as short-term incarceration facilities for youths that have been charged or convicted of criminal offenses. Most of these facilities house children between the ages of 13 to 17, though some places can hold children as young as 12. Though juvenile halls have been closing in record numbers in recent years, there are still many youth detention centers that are currently operating in California.
Due to the fact that these inmates are children, the focus should always be on treatment and rehabilitation. However, abuse is rampant at these youth centers, especially incidents of sexual abuse, such as grooming, molestation, rape, and sexual harassment. It can take victims many years to come forward, and those that do often have questions about their legal rights, including:
- What is the statute of limitations for a lawsuit if I was sexually assaulted in a California juvenile hall?
- How old do I need to be to file a sexual abuse claim on my own?
- Can I still file if the assault took place decades ago, like in the 1980’s, 1990’s, and 2000’s?
The child sexual abuse lawyers of Normandie are here to answer your questions and provide you with representation if you or your child was sexually violated while staying at a youth detention center. For more information on your rights and legal options, call us today to schedule a free case evaluation.
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Deadline for Filing a Lawsuit for Juvenile Hall Sexual Assault in California
In 2020, a law was passed by the California legislature that dramatically increased the statute of limitations for cases of childhood sexual abuse. Known as Assembly Bill 218, the law provides additional time for a victim to take legal action against the offender, along with any others that are liable for their abuse. These include entities like the operators of a juvenile hall, which is normally a county agency, like the Los Angeles County Probation Department.
As an adult that was sexually abused prior to the age of 18, the statute of limitations for a lawsuit is as follows:
- 22 years after turning the age of majority, i.e., 40 years old
- Within 5 years of discovering the physical or mental effects of child sexual abuse.
It’s important to understand that your deadline for a lawsuit is based on whichever of these dates comes later. But how do you figure that out, especially if you’re not sure what the 5-year discovery rule is referring to?
What is the 5-Year Discovery Rule?
It’s easy enough to understand a specific age limit when it comes to the question of “How much time do I have to file a juvenile hall sexual assault lawsuit?” However, the concept of discovery and how it applies to your legal rights is a bit more complicated. Basically, the 5-year discovery rule takes into account that victims are not always aware of what has happened to them. In particular, children do not recognize what sexual abuse looks and feels like. Or, even if they are aware of what’s going on, they tend to suppress memories of these incidents out of fear and shame.
Many of these individuals only come to a full realization of their abuse as adults, often through psychological counseling. Thus, they do not discover the emotional and/or physical ramifications of sexual abuse until a later time, which is where the 5-year rules come into effect. This is an incredibly significant development, as it may allow victims to file a lawsuit, no matter how long ago their abuse took place.
Please don’t worry if you’re unsure what this all means or how much time is left to sue for incidents of sexual abuse at a California juvenile facility. Our legal experts can help you sort things out and make sure that your claim for monetary damages is filed within the statute of limitations.
Liability for Incidents of Sexual Abuse in Juvenile Facilities
A lawsuit can provide a sense of justice to those who suffered injury due to another party’s negligence or misconduct. These include acts of sexual abuse, which would give you the right to sue the person that abused you. But cases that occur in major institutions like juvenile halls involve numerous parties that are responsible for a child’s safety and well-being. For example, why are so many children abused at these places time and time again, even when there are multiple allegations of sexual assault against the same employee? Where are the wardens, the administrators, and county officials, who are supposed to take immediate action to protect residents at a juvenile hall?
This is the bigger issue that must be examined when we set out to determine who is responsible for a case of child abuse. We know for a fact that many of these abusers are not fired or arrested for their crimes. Instead, the people in charge spend considerable time and effort to conceal evidence of inmate sexual abuse. These efforts include transferring the abuser to another detention center, where they can continue to abuse innocent children.
Such actions must be brought to light, and the responsible parties punished for their failure to the children that were left in their care. If you have been struggling with the impact of sexual abuse at a juvenile hall, please take this opportunity to contact us and learn about the legal actions that may be available to you.
Juvenile Hall Sexual Assault Case Values
Frankly, there is no way to fully compensate an adult survivor of child sexual abuse, and as a result, coming up with a settlement value is very challenging with these cases. A lot of people are interested in knowing what the average case value is for these types of lawsuits. But the harm and suffering that’s experienced by each victim is unique and apart from anyone else’s. As a result, it would be a disservice to say that there is such a thing as a juvenile hall sex abuse average case value. On the other hand, settlements can be quite high with these cases, and even payments on the lower end can start at around $500,000. Though $500,000 to $1,750,000 is a fair estimate range to keep in mind, it’s best to speak with a California sexual abuse lawsuit attorney if you’re interested in learning what your claim is worth.
How Long Do I Have to Wait before My Case is Settled?
We are upfront with clients about the fact that cases of sex abuse can take considerable time to settle, especially if the abuse you suffered goes back many years. One to two years is a realistic time range to negotiate a monetary award, though the entire process can take up to several years if your case goes to trial. If you’d like a detailed explanation on the legal process for a juvenile hall sexual abuse lawsuit, including how long it can take to settle your case, contact us for a free consultation.
Free Second Opinion
Frustration and loss of confidence are common issues for those who are waiting to resolve a case of sexual assault during childhood. This is often due to incompetence or lack of dedication by their attorney, which is a problem you may be experiencing right now. To determine if your case is suffering from these or any other issues, please contact us for a free second opinion. Our goal is to evaluate your claim and offer solutions if we find any issues that need immediate attention. But there’s no pressure to switch your lawyer or do anything else beyond meeting with us. For a second opinion on your sexual abuse case against a juvenile hall, don’t hesitate to give us a call.
Lawyers with Experience in Child Sexual Abuse Cases
No matter how you feel about juvenile offenders, we can all agree that physical, emotional, or sexual abuse are unacceptable when it comes to the treatment of children. Sadly, these incidents are disturbingly common at youth detention halls throughout the state of California.
Were you or someone you know sexually abused by a probation officer, counselor, or another juvenile hall employee? Normandie Law Firm has been representing victims of child sexual assault for over two decades. We are more than ready to represent your interests and hold the negligent parties accountable for what they’ve done to you.
We are a contingency-based law firm, so from the very start, we will offer you a Zero Fee Guarantee. That means you pay nothing upfront if you decide to pursue a lawsuit. Our payment is recovered at the end of your case, and only if we succeed in bringing you compensation for the harm you’ve suffered.
Hopefully, we have provided the necessary reassurance for you to give us a call and learn about your legal options as a victim of sexual abuse while you were incarcerated at a juvenile hall. To schedule a free case review with one of our attorneys, contact us as soon as possible.
Other Pages on Our Website Related to This Topic
Federal Prison Sexual Abuse in California – Lawsuit Attorneys
Lawyer for Sexual Abuse Cases at Federal Correctional Institution, Dublin
Juvenile Hall Sexual Abuse Lawsuit Attorneys
