Where Does Institutional Sexual Abuse Take Place?
Institutional sexual abuse is an insidious form of sexual violation. The abuse is often compounded by the betrayal of trust, often leaving survivors feeling powerless to seek justice. The institutions most susceptible to abuse of power are:
- Religious Institutions: Nationally, over 20,000 claims of sexual assault have been made against the Catholic Church in the U.S. since 1950. The Archdiocese of San Francisco is facing hundreds of lawsuits from survivors. This reflects the broader national trend of underreporting and cover-ups in religious settings.
- Educational Institutions: San Francisco schools are experiencing an increase in sexual abuse cases. Survivors range from just 4 years of age to 17 years of age. The district is working on its protocols, but underreporting remains a concern.
- Healthcare Institutions: A national survey shows that 1 in 5 women experience sexual abuse in medical centers. Sexual misconduct in these settings is up by 62% in the state of California.
- Foster Care and Child Welfare Agencies: In San Francisco, 16% of foster children will experience sexual abuse. Child welfare agencies have been criticized for systemic failures in protecting vulnerable children.
Other institutions with prolific forms of sexual abuse are prisons, sports organizations, workplaces, and residential care homes. A San Francisco institutional sexual assault lawyer can help you figure out where your claim sits.
Why Does Institutional Sexual Abuse Take Place?
Several systemic factors protect offenders and allow abuse to continue unchecked.
- Institutional Power Structures: Many institutions operate under strict hierarchies. Abusers often occupy positions of authority, making it difficult for survivors to report abuse. Fear of retaliation, social stigma, or disbelief often silences survivors. This allows abuse to go unreported or ignored.
- Inadequate Reporting and Accountability: Some institutions have weak or nonexistent reporting mechanisms. Lack of anonymity, fear of social exclusion, and general distrust work against survivors. Institutions often handle allegations internally, which can result in cover-ups.
- Switching Roles to Avoid Prosecution: Offenders escape prosecution through transfer in departments or locations. Rather than removal, they are reassigned, allowing them continued access to vulnerable populations.
Institutional abuse hinges on all three to further perpetuate harm. Our San Francisco institutional sexual assault law firm stops this vicious cycle in its tracks. We use a compassionate, evidence-based approach to hold offenders accountable.
Get the compensation you deserve. Reach out to Levin Simes via our contact form or by calling (415) 426-3000.
Why Do I Need a San Francisco Institutional Sexual Abuse Lawyer?
Filing a lawsuit is challenging enough without dealing with the trauma of sexual abuse. As your advocates, we'll help you gather what you need for a successful claim:
Evidence
Even if a criminal court in San Francisco does not prosecute an abuser, the survivor can still seek justice through a civil lawsuit. Levin Simes assists survivors of institutional sexual abuse with these civil claims.
In a criminal case, you need to prove “beyond a reasonable doubt” the offense took place. This can be difficult to achieve, especially when abuse occurred years ago. In contrast, civil suits only require more than 50% of the evidence supporting the survivor’s claim. This lower standard of proof makes civil litigation a more viable option for many survivors.
Types of Notice
Actual notice occurs when an institution is directly informed of the abuse. Even if you didn’t personally report the incident, others may have.
Constructive notice means that people associated with the institution knew or should have known about the abuse based on the surrounding circumstances. When warning signs are ignored, this smoking gun is often used to hold institutions accountable.
We understand that sexual abuse cases often hinge on proving that an institution had notice of the abuse, and we will find proof of it for your case.
Reporting
While there's no specific system for reporting, a failure to do so can make institutions just as culpable. Some states have statutes to ensure penalties for failing to report crimes against sexual assault survivors. Other states may hold those silent as guilty as the perpetrators themselves. We will unearth the relevant statutes to support your case.
Can a San Francisco Institutional Sexual Abuse Lawyer Help Me Sue?
Yes, in many instances, it is possible to sue an institution for sexual abuse. However, the process can be complex and may vary depending on jurisdiction.
Here are some key factors to consider—your lawyer from Levin Simes can discuss these in greater detail during your free consultation:
- Vicarious Liability: Institutions can be held liable for the actions of their employees or agents. This is only if the abuse occurred within the scope of their employment or duties.
- Negligence: You have a solid case if you can demonstrate that the institution was negligent. You must prove that the institution knew or should have known about the risk of abuse and failed to take reasonable steps to prevent it.
- Inadequate Policies and Procedures: If an institution fails to provide a safe environment free from abuse, it may be held liable. This can involve a review of an institution's policies, training programs, and response mechanisms.
Third parties, such as security companies or other contractors, could also be liable. If an individual’s negligence contributed to the abuse or allowed it to continue, they should be held accountable for this failure.
Resources for Survivors of Institutional Sexual Abuse
Institutional sexual abuse is a growing problem. However, the city of San Francisco supports many organizations that can combat it. If you're experiencing abuse at the hands of an authority figure, please reach out to these organizations:
- San Francisco Women Against Rape (SFWAR): SFWAR provides support, education, and advocacy to survivors of sexual assault. They offer a 24-hour crisis line and counseling.
- Survivors Network of those Abused by Priests (SNAP): SNAP advocates for survivors of clergy abuse. They offer resources for those affected by sexual abuse in religious institutions.
- VALORUS: California’s sexual assault coalition is committed to advancing equity and ending sexual violence.
- Futures Without Violence: Headquartered in San Francisco, this national nonprofit focuses on ending sexual violence. They address sexual abuse in institutional settings through education, advocacy, and policy reform efforts.
Those who protect institutions over an individual’s safety and dignity should face justice.
It's important to consult an attorney experienced in institutional sexual abuse cases to assess the specific circumstances of your case. They can help you understand the legal options available to you. Contact Levin Simes at (415) 426-3000 as soon as possible.
What Kind of Compensation Can a San Francisco Institutional Sexual Assault Attorney Help Secure?
A good San Francisco institutional sexual assault attorney can help survivors pursue various forms of compensation. These damages seek to address the physical, emotional, and financial impact of the traumatic experience.
Here are common forms of compensation that an attorney may seek on behalf of survivors:
- Medical Expenses: Reimbursement for medical expenses related to the treatment of injuries resulting from the abuse. Compensation may also cover counseling and therapy.
- Lost Wages: If a survivor suffered a loss of income due to the abuse, their attorney may seek compensation for lost wages.
- Emotional Damages: For non-economic losses such as pain, suffering, emotional distress, and loss of enjoyment of life.
- Future Damages: In cases where the survivor is likely to have unforeseen medical expenses or psychological challenges. Your attorney may expect these difficulties and ask for compensation.
- Punitive Damages: When the defendant's actions were particularly malicious, punitive damages are awarded. These damages are intended to punish the wrongdoer and deter others from engaging in similar behavior.
We can assess your needs and seek a comprehensive and fair compensation package. Additionally, our attorneys seek to provide invaluable support throughout the legal process. We work to ensure our clients are aware of their rights. This helps to ease the burden of legal action by taking on the vast majority of the paperwork associated with the case.
What Does a San Francisco Institutional Sexual Assault Attorney Do for Your Case?
"As attorneys, we understand that coming forward after experiencing abuse takes immense courage, and we are here to support you every step of the way. We aim to seek justice while respecting your need for privacy and peace of mind."
- Laurel L. Simes
An institutional sexual abuse attorney plays a crucial role in supporting survivors. An experienced attorney can help you seek justice, especially if you've suffered from sexual abuse within an institutional setting. According to a Martindale-Nolo study, survivors seeking retribution are more likely to get fairer compesation with representation than without it.
Here's some of what our attorneys may do for your case:
- Investigation: We conduct a thorough investigation to gather evidence. This may include witness statements, documentation of institutional policies, and other relevant information.
- Negotiation: Our team strives for fair compensation without needing a trial.
- Representation: If a settlement cannot be reached, we represent you in court during a trial. This means presenting evidence and arguments to support your case.
We also take steps to protect your privacy during legal proceedings. We understand the sensitive nature of institutional sexual abuse cases. And our team is ready to provide emotional support and resources. This is not an easy process, and we understand the profound impact abuse has on survivors.
Proudly Representing San Francisco Residents