Historic Abuse Claims Trial

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Summary

Historic abuse claims in California can proceed to trial under the California Child Victims Act, allowing lawsuits until age 40 or five years from abuse discovery. Civil lawsuits can be filed without police involvement, but the victims cooperation is crucial. Organizations often avoid public scrutiny by settling. Legal aid societies offer free or low-cost services if you cant afford a lawyer. Follow your lawyers advice to avoid contact with the organization involved.

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In California
In California, historical abuse claims can indeed proceed to trial. The state has a specific law:
- The California Child Victims Act allows victims of historical child abuse to file lawsuits until the age of * or five years from the discovery of the abuse.
what if the police are not involved
Even if the police are not involved, a civil lawsuit can be filed in California for historic abuse claims. The court can decide on matters of compensation and wrongdoing without a police report or criminal conviction.
what if the abused person is not trying to press charges
Even if the victim doesn't want to press charges, others may report the abuse. But without the victim's cooperation, it may be challenging to proceed with a civil case or criminal prosecution. Still, it's possible in some cases.
would the organization want the public scrutiny
Whether an organization would want public scrutiny often depends on various factors, such as the severity of the allegations, their public image, and potential legal consequences. Most would prefer to avoid it due to potential reputational damage.
My lawyer said to avoid contact with the organization
Your lawyer's advice seems sound, as any interaction could impact your case. However, is there a specific reason you're considering contact? It's crucial to understand your motivations here.
The organization mentioned me being able to continue volunteering but that seems like a motive to just get me on the phone
It's usually advised not to have any contact with the organization involved in a legal dispute. Anything said or done may be used in the proceedings. Please follow your lawyer's advice.
What if I cannot afford a lawyer
In California, if you can't afford a lawyer, you can seek help from legal aid societies. They provide free or low-cost legal services. Alternatively, some lawyers work on a 'contingency basis', meaning they only get paid if you win the case.
If i say nothing at all and the organization does not involve the police can this just go away
It's possible, but not guaranteed, that the issue might 'go away' if no actions are taken. However, this could also leave you vulnerable to future claims. Are you a victim or accused in this situation?
Accused
As the accused, it's important to have legal representation to ensure your rights are protected. If you can't afford a lawyer, you can seek help from public defenders in California. Are you currently represented by a lawyer?
I am not
As you're not currently represented, it's crucial to get legal advice. In California, if you can't afford a lawyer, the Public Defender's Office can help. You can also seek assistance from legal aid societies offering free or low-cost services.
A lawyer I spoke with said to avoid the organization and that they are just looking to absolve themselves of liability
It's advisable to follow your lawyer's advice. Speaking with the organization might complicate matters. Are you concerned about anything specific if you cease all communication with the organization?
My reputation and the reputation of the other people involved. I know if I tell the truth it will implicate many other people
It's understandable that you are concerned about reputations. However, the legal implications can be serious. Have you considered discussing these implications with a lawyer to understand the potential consequences better?
I cannot afford a lawyer
In California, you can seek help from the Public Defender's Office or from legal aid societies that offer free or low-cost services. Some lawyers may also work on a 'contingency basis', meaning they only get paid if you win your case.
But I am also worried everyone is cooperating behind my back
It's natural to feel concerned. But remember, it's important to focus on your legal position. Have you considered reaching out to legal aid societies in California for free or low-cost advice on this matter?
I have not
I strongly advise you to do so. Legal aid societies can provide guidance and support. They can help you understand your rights and potential legal strategies in this situation.