Sexual Abuse Litigation


Book Description

Prepare a solid case with advice from successful litigators! Ideal for use as a legal guide or a practical reference, Sexual Abuse Litigation examines how professionals can responsibly and effectively advocate on behalf of adult survivors of child sexual abuse (CSA) in the midst of the controversies surrounding recovered memories. This comprehensive book places the current recovered-memory controversy in historical context and examines how various psychological and medical conceptions of trauma have shaped public opinion and the construction of delayed discovery statutes of limitations. For lawyers, advocates, clinicians, and CSA survivors, Sexual Abuse Litigation offers practical advice in clear prose and an easy-to-use format. Summaries, charts, legal practice tips, and samples of actual testimony make this book an invaluable reference tool. It also tabulates the statutes of limitations for sexual abuse cases in all fifty states. In Sexual Abuse Litigation, experienced litigators will guide you through the phases of the legal process, offering practical suggestions on: case evaluation and development the pitfalls and opportunities of professional cooperation between therapists and lawyers the effective use of plaintiff expert witnesses strategies for countering the ”false memories” defense the identification of insurance benefits for injuries related to CSA techniques for cross-examining expert witnesses for the defense vital networking information, including resource referrals for adult survivors, help with appellate cases, and information on abuse by clergy and other professionals Offering strategies for sustaining the admissibility of the CSA survivor's testimony and how to maintain focus on the question of whether abuse occurred, Sexual Abuse Litigation will give you or your client the necessary information on how to successfully prepare for a CSA case and face the challenges of such cases in the courtroom.




Sexual Assault Trials


Book Description




The Clergy Sex Abuse Crisis and the Legal Responses


Book Description

The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have produced many scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion. In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O'Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church's legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues of respondeat superior and oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church's internal judicial processes interact or clash with the civil pursuit of these cases.




Holding Bishops Accountable


Book Description

The prevalence of the sexual abuse of children by Catholic clergy and its shocking cover-up by church officials have obscured the largely untold story of the tort system's remarkable success in bringing the scandal to light. The lessons of clergy sexual abuse litigation give us reason to reconsider the case for tort reform and to look more closely at how tort litigation can enhance the performance of public and private policymaking institutions.




Sexual Assault in Canada


Book Description

Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.




Nobody's Victim


Book Description

Nobody's Victim is an unflinching look at a hidden world most people don’t know exists—one of stalking, blackmail, and sexual violence, online and off—and the incredible story of how one lawyer, determined to fight back, turned her own hell into a revolution. “We are all a moment away from having our life overtaken by somebody hell-bent on our destruction.” That grim reality—gleaned from personal experience and twenty years of trauma work—is a fundamental principle of Carrie Goldberg’s cutting-edge victims’ rights law firm. Riveting and an essential timely conversation-starter, Nobody's Victim invites readers to join Carrie on the front lines of the war against sexual violence and privacy violations as she fights for revenge porn and sextortion laws, uncovers major Title IX violations, and sues the hell out of tech companies, schools, and powerful sexual predators. Her battleground is the courtroom; her crusade is to transform clients from victims into warriors. In gripping detail, Carrie shares the diabolical ways her clients are attacked and how she, through her unique combination of advocacy, badass relentlessness, risk-taking, and client-empowerment, pursues justice for them all. There are stories about a woman whose ex-boyfriend made fake bomb threats in her name and caused a national panic; a fifteen-year-old girl who was sexually assaulted on school grounds and then suspended when she reported the attack; and a man whose ex-boyfriend used a dating app to send more than 1,200 men to ex's home and work for sex. With breathtaking honesty, Carrie also shares her own shattering story about why she began her work and the uphill battle of building a business. While her clients are a diverse group—from every gender, sexual orientation, age, class, race, religion, occupation, and background—the offenders are not. They are highly predictable. In this book, Carrie offers a taxonomy of the four types of offenders she encounters most often at her firm: assholes, psychos, pervs, and trolls. “If we recognize the patterns of these perpetrators,” she explains, “we know how to fight back.” Deeply personal yet achingly universal, Nobody's Victim is a bold and much-needed analysis of victim protection in the era of the Internet. This book is an urgent warning of a coming crisis, a predictor of imminent danger, and a weapon to take back control and protect ourselves—both online and off.




Prosecuted But Not Silenced


Book Description

Prosecuted But Not Silenced is a powerful documentary about a mother and daughter's tragic involvement with the judicial system when there were allegations of child sexual abuse—a human rights and civil rights issue for women and children. It is an important educational tool for judges, lawyers, social workers, therapists, politicians, and the general public so that people realize what still occurs today. A National Health Crisis, Maralee’s story reveals the last taboo and a crime that needs the public's attention, and emphasizes the need for training in the dynamics of maltreatment so that no more mothers have to suffer what happened to Maralee and her daughter.




Preparing and Presenting Expert Testimony in Child Abuse Litigation


Book Description

The testimony of expert witnesses to inform courtroom decisions is critical if intelligent and just verdicts are to be reached. Few judges, jurors or lay witnesses possess the necessary knowledge to adequately understand the complexities of human behaviour as they relate to acts of interpersonal violence. While lay witnesses can testify to actual incidents or observations, it is the expert witness who can provide forensic significance to such evidence. This volume clearly defines the need for and role of expert witnesses in litigation. The author demystifies the process, and provides practical guidance on preparing and presenting expert testimony. In so doing, he will assist courts to more accurately assess and weigh eviden




Act of Faith


Book Description

Act of Faith: America's longest running criminal conspiracy perpetrated against children By: Stephen Rubino www.actoffaithbook.com About the Book In his debut novel, trial attorney Stephen Rubino takes the reader on an electrifying journey of deceit, intrigue, tragedy, passion and ultimate redemption. At the intersection of the sacred and the profane, Act of Faith dissects the Vatican’s complicity in America’s longest criminal conspiracy perpetrated against children. This multi-generational family saga is richly portrayed through an ensemble cast of unforgettable characters, revealing the secret world of the Vatican’s sheltering of sexual predators to avoid bringing scandal to the faithful. Act of Faith offers an unflinching account of the still emerging sexual abuse scandal plaguing the Catholic Church and its impact on the survivors and their families across America. The story chronicles the lives of siblings Francis and Elizabeth Natale, who suffer unspeakable psychological damage after being sexually abused by their trusted parish priest. As adults, Francis and Elizabeth become estranged, each hiding their secrets in dangerous double lives. He as a gifted pianist and sexually conflicted Catholic priest, she as a reckless but highly successful trial attorney. After resigning her partnership in a major New York City law firm, Elizabeth sets out to uncover the roots of the abuse scandal and to exact her personal revenge. On a serendipitous road trip across the country, Elizabeth confronts her lifelong demons and forms an unlikely alliance with Father Thomas Atkinson, her long lost high school love who has become a Vatican whistleblower. After a tense reunion with Francis, the trio enters the super-charged environment of high stakes litigation, exposing the Church’s centuries old practice of hiding sexual predators in plain sight from the religious faithful and law enforcement. Together, the trio brings to the courthouse steps the first Federal Civil Racketeering lawsuit against the Catholic Church.




Going Public


Book Description

It took Julie Macfarlane a lifetime to say the words out loud – the words that finally broke the calm and traveled farther than she could have imagined. In this clear-eyed account, she confronts her own silence and deeply rooted trauma to chart a remarkable course from sexual abuse victim to agent of change. Going Public merges the worlds of personal and professional, activism and scholarship. Drawing upon decades of legal training, Macfarlane decodes the well-worn methods used by church, school, and state to silence survivors, from first reporting to cross-examination to non-disclosure agreements. At the same time, she lays bare the isolation and exhaustion of going public in her own life, as she takes her abuser to court, challenges her colleagues, and weathers a defamation Lawsuit. The result is far more than a memoir. It’s a courageous and essential blueprint on how to go toe-to-toe with the powers behind institutional abuse and protectionism. At long last, Macfarlane’s experiences bring her to the most important realization of her life: that only she can stand in her own shoes, and only she can stand up and speak about what happened to her.