California Injury Lawyers Blog

Mark Berndt has been arrested and charged with abusing 23 school kids. The 61-year-old teacher had been an instructor at Miramonte Elementary School for three decades. He was fired last year. Berndt's arrest comes following an almost one-year probe by authorities in Los Angeles County. He is now being held on $2.3M bail.

The lewd acts allegedly took place in the classroom during school hours between '08 and '10 and involved at least 23 girls and boys, ages 7 through 10. Photos turned over by a film processor allegedly show kids blindfolded, gagged, and/or bound. Some have Madagascar cockroaches on them. Female students were allegedly pictured with a spoon containing a white substance close to their mouths that Berndt is accused of having them swallow.

He allegedly told the kids were playing a game. Investigators say there are over 400 images of the kids being abused.

According to Los Angeles County Sheriff's Department's Capt. Mike Parker, in Berndt's classroom, detectives found a blue spoon, which they tested and confirmed to have carried semen. The police captain says that the DNA on the spoon matches Berndt's DNA.

Los Angeles schools Supt. John Deasy said the school district was told of the allegations of Berndt on January 7, 2011 and he was taken out of the classroom that day. He expressed outrage at Berndt. When questioned about how the lewd acts could occur at the school, Deasy said the district trusted its teachers to "do what is right."

Los Angeles Injuries to a Minor
Even if the kids did not sustain physical injuries during the alleged lewd acts that Berndt is accused of committing, child abuse and sex abuse are serious offenses that can cause serious and emotional injuries. Abusive acts are a violation of the person who is the victim.

"Some of the worst harm suffered by children are crimes resulting in invisible injuries with consequences that end up reverberating throughout their lives," said Howard Law PC partner and Los Angeles Personal Injury Attorney Vincent Howard.

Questions will likely continue to be raised as to how these alleged incidents of Los Angeles child abuse was allowed to happen in the classroom during school hours for at least three years (if not longer). Schools can be held liable for Los Angeles personal injury if their negligence caused or allowed a student to get hurt in an accident or become the victim of a crime.

"The sooner you talk to a LA injury law firm, the better so that you can start pursuing the best legal options available to you, "said Anaheim injuries to a minor attorney Vincent Howard.

Deasy: Teacher accused of abuse removed from class immediately, Los Angeles Times, January 31, 2012

Teacher charged with lewd acts in child bondage photos case, OC Register, January 31, 2012

More Blog Posts:
California Supreme Court Considers Whether to Allow Adult Victims of Child Sex Abuse to Sue Third Parties that Knew But Failed to Act, California Injury Lawyers Blog, January 5, 2012

Talent Manager Accused of Los Angeles Child Sex Abuse, California Injury Lawyers Blog, November 29, 2011

Riverside County Sex Abuse Lawsuit Filed Against Desert Sands Unified School District, California Injury Lawyers Blog, October 30, 2011

Continue reading "Los Angeles Child Abuse: Miramonte Elementary School Teacher Charged with Lewd Acts on 23 Kids" »

The state's highest court is considering whether parties that knew a child was being sexually abused yet failed to do anything to stop the incidents can be sued by the now-adult victims. Should the court rule yes, Roman Catholic dioceses could find themselves the defendants in more California clergy abuse complaints.

The case involves six brothers, who are now in their 50's and 40's. They claim that a priest sexually abused them during the 1970's but that it wasn't until 2006 that they realized that the distress they continue to experience was a result of molestations.

A lower court that heard the sibling's California child sex abuse case issued a finding that adult victims had flexible legal deadlines for suing third parties who knew about the sex abuse as it was happening. At today's hearing, however, several members of California Supreme Court expressed concern with this finding. Chief Justice Tani Cantil-Sakauye expressed worry that victims were depending on "vague language" in a law so they could bypass legal deadlines.

The California Supreme Court's ruling, which is due in 90 days, will likely affect dozen of California child sex abuse cases against clergy members.

"Victims of sex abuse often must contend with a lifetime of trauma from what happened to them, said Howard Law PC founder and Anaheim sex abuse attorney Vincent Howard. "It is unfortunate that the Catholic Church did not do more to stop molesters from continuing to abuse other kids."

While legal limits are supposed to prevent plaintiffs from file civil complaints based on events that happened long ago, the California Legislature has, on several occasions, extended such limits for child abuse lawsuits. In 2003, it established a one-year window for people that otherwise wouldn't have been able to sue schools, churches, and employers that knowingly protected the alleged abusers because too much time had already passed.

In this California sex abuse case, the Oakland Diocese is arguing that the brothers cannot sue them now because they didn't file their complaint during the one-year window and due to a (now abolished) provision that lets plaintiffs who were still younger than 26 pursue recovery from the abuser's employer. All of the brothers were over the age of 26 when they sued.

However, their California personal injury lawyers claim that both limits don't apply to these plaintiffs because certain amendments adopted in the '90's gave victims three years from when they discovered that their problems are a result of sex abuse to go to court. Although a trial judge threw out their case because of the statute of limitations, an appeals court agreed with the plaintiffs in 2009. Also, the brothers contend that they didn't link their personal challenges to the sex abuse until Broderson submitted a sword deposition in 2005. They filed their California sex abuse lawsuit the following year.

The priest accused of abusing the brothers, Donald Broderson, is now dead. He retired in the early 90's because of multiple abuse allegations. He has admitted to molesting at least two of the brothers and a number of other children. When the boys' parents complained about the abuse to church superiors, Broderson was made to go to counseling and transferred to other parishes.

"You want to work with an Orange County, California personal injury law firm that is familiar with sex abuse and the devastation it can create in the victim's life," said Anaheim injury attorney Vincent Howard.

CA Court Mulls Window for Old Clergy Abuse Claims, AP/ABC, January 6, 2012

Court studies limits to suing third parties in child molestations, Los Angeles Times, January 5, 2012

Continue reading "California Supreme Court Considers Whether to Allow Adult Victims of Child Sex Abuse to Sue Third Parties that Knew But Failed to Act" »

The family of 17-year-old girl is suing the Desert Sands Unified School District because one of its teachers allegedly sexually assaulted her twice. The Riverside County personal injury complaint blames the district for negligent supervision and hiring. Also named as defendants are ex- La Quinta High School teacher David Armenta, who is accused of the sexual abuse, and up to 100 unknown persons.

The girl's family believes that the district should have known about Armenta's allegedly inappropriate behavior. In their Riverside County sex abuse lawsuit, they say that from November 2010 through February 2011, Armenta paid the teenager "excessive attention" that included inappropriate comments, text messages, physical contact, and invitations to his residence. He also would call the girl in to the classroom where they would be alone for extended periods of time. Per the plaintiffs, other school staff noticed the teacher and student alone in the classroom but did not look into the matter.

The Riverside County injuries to a minor suit argues that the school district hadn't implemented any reasonable/appropriate safeguards to prevent the sexual assault of students by teachers from happening. Armenta, who was arrested eight months ago, has pleaded not guilty to the felony counts of unlawful sexual intercourse with a minor and oral copulation against a minor.

School districts can be held liable for sexual abuse, assault, and molestation crimes committed by its employees on students. Teachers hold a position of authority over their students and it is their responsibility to properly supervise them and not take advantage of that power.

Unfortunately, sexual abuse by teachers does happen. According to the U.S. Department of Education, 6-10% of public school kids have been sexually harassed or abused by teachers or school employees. Child sexual abuse and assault also has been known to take place at private schools. In 2007, the AP reported that between 2001 and 2005, 2,570 educators had their teaching credentials denied, sanctioned, surrendered, or revoked because of sexual misconduct allegations. In at least 1,801 of the alleged cases, young people were the victims (over 80% were students). Obviously, it is important to note that there are many teachers in this country that are devoted to their job and would never intentionally harm their students.

Even if a minor consents to the sexual relationship, it is still against California law for an adult to have sex with a minor.

In what could result in another Riverside County sex abuse case, a Cathedral City woman has pleaded guilty to having sex with a teenager. At the time, Alanna Reichle, 33, was running a recreation league while working as a civilian employee for the Palm Springs Police Department.

Reichle had been charged with one count of oral copulation with a person under 18 and three counts of unlawful sex with a minor. The victim was 16 when alleged sexual abuse happened.

Former Coachella Valley police league leader pleads guilty to sex with minor, MyDesert, October 28, 2011

Suit: District negligent in La Quinta High School teacher sex case, MyDesert, October 10, 2011

La Quinta High School Teacher Pleads 'Not Guilty' To Sex Charges, KESQ, April 6, 2011

Thousands of teachers cited for sex misconduct, USA Today, October 20, 2007

Desert Sands Unified School District

More Blog Posts:
Los Angeles Wrongful Death Lawsuit Filed Against the Stepdad of Woman Who Committed Suicide While Alleging He Raped Her is Revived, California Injury Lawyers Blog, July 16, 2011

Costa Mesa Priest Sued for Orange County, California Child Sex Abuse on Trial, California Injury Lawyers Blog, June 16, 2011

Mexican Man's Los Angeles Sex Abuse Lawsuit Accuses Cardinal Roger Mahoney Of Conspiring to Cover Up for Priest, California Injury Lawyers Blog, April 20, 2010

A third female has come forward claiming that anesthesiologist Yashwant B. Giri sexually assaulted her. All three patients underwent surgery at Placentia-Linda Hospital.

Girl, is now accused of molesting a 16-year-old girl in 2009, a 28-year-old woman in 2010. and a 36-year-old female earlier this year. He has been charged with sexual abuse. Hospital employees have also said that they saw Girl sexually abuse two of the victims.

The latest woman to come forward says that Girl assaulted her in a private room before she was put under for surgery. The Orange County-Register reports that she finally decided to come forward after her therapist and loved one's encouraged her to speak out.

Sexual Abuse by Doctors
Sexual abuse inflicted by anyone can be a very traumatic experience. When a medical professional is the offender, it is a huge breach of his/her obligation to provide a patient with a certain level of care. Doctors, nurses, anesthesiologists, and surgeons have access to patients' bodies because they are tasked with providing the proper treatment. When that privilege is abused it can result in devastating emotional and psychological injuries, as well as physical injuries.

In California, victims can sue a medical professional, including psychotherapists, for Orange County, California sex abuse damages. It can also be grounds for Placentia medical malpractice against the health care provider or professional.

Possible defendants may include the abuser and the health care facility where the sexual abuse happened. Did administrators know that the medical professional may have molested people in the past? Where appropriate steps were taken to prevent sexual assault and abuse from happening at the hospital/medical facility? Were previous complaints of sexual assault against the doctor/nurse/surgeon/anesthesiologist investigated? Was someone with a criminal background or past history of abuse allowed to work at the hospital?

If the victim of sexual abuse is a child, special circumstances may allow for a later claim. A few months ago, the American Academy of Pediatrics issued its first policy to protect kids from sex abuse by doctors. Parents and their children should be notified that they are entitled to having a chaperone with kids at exams. Health care institutions should notify authorities about suspected sex abuse.

The policy called any type of child sex abuse by medical providers a "profound betrayal" of the patient and medical ethics. That said, adult patients should also be protected from sexual assault by a medical professional or anyone else while receiving treatment at a facility.

Our Anaheim personal injury law firm is familiar with the devastation sex abuse can cause on a victim's life. Many of the injuries are not visible to the naked eye, but the damage that sexual assault can wreak on a person's personal life, professional life, emotional health, and mental well-being can cause ramifications that cannot be denied.

Doctors' group issues policy on sex abuse of children, Los Angeles Times/AP, July 19, 2011

Third victim alleges abused by doctor, OC Register, October 25, 2011

More Blog Posts:
Hundreds of Doctors Accused of California Medical Malpractice Were Not Disciplined by the State, Says Public Citizen, California Injury Lawyers Blog, August 11, 2011

Costa Mesa Priest Sued for Orange County, California Child Sex Abuse on Trial, California Injury Lawyers Blog, June 16, 2011

Brother of Alleged Clergy Sex Abuse Victim Says He Too Was Molested by Priests at Huntington Beach Parish, California Injury Lawyers Blog, January 20, 2011

Don Peters, the man who coached the US women's gymnastics team to eight medals at the 1984 Olympic Games, is accused of having had sex with three women when they were teen gymnasts. All three women attended SCATS, a gymnastics club in Huntington Beach. They say that Peters had sexual relations with them during the 1980's.

One of the women, Doe Yamashiro, was also a member of the US national team. She told the OC Register that the repeated fondling started when she was 16 and she had sex with him when she was 17. The second woman claims she had sex with Peters when she was 18. She says that Peters had known she was an incest survivor.

The women's families and fellow former gymnasts say that the sex abuse allegations against Peters are true. If USA Gymnastics decides to substantiate the women's sexual abuse allegations, Peters could be banned from the sport for life.

Child Sexual Abuse
Child sex abuse is a serious problem. A lot of victims know their abusers. Many abusers are in position of authority over their targets that allows them access and power.

Sex abuse is illegal and can be grounds for criminal charges. It can also be reason for filing Orange County, California personal injury charges against the abuser and others that may have allowed the abuse to happen.

To bring a Orange County, California sexual abuse claim, your civil lawsuit must be made before you turn 26. That's within 8 years of the age of majority. That said, California has put into place an extension to this statute of limitations on the grounds of "discovery" of the abuse or its effects. This allows for Orange County, California personal injury complaints involving sex abuse to be filed within three years of the date that the victim discovered (or should have found out) that sex abuse caused illness or psychological injury after the age of majority.

The state of California also has a law that allows for sex abuse complaints to be made against those that knew that a representative, employee, agent, or volunteer was committing unlawful sexual conduct yet did not take reasonable actions to stop the behavior. A plaintiff has one year upon discovering this entity or person to file a lawsuit.

It can be hard for a child to step forward right away to report that he/she has been a victim of sex abuse. The victim may not exactly understand what is happening, feel responsible for the assault, feel paralyzing shame, or be too scared to report what happened for fear of the repercussions. It is also not uncommon for victims of child sex abuse to repress their memories for years.

In California, even if a minor consents to sex, it is illegal for an adult to have sex with anyone under age of 18.

INVESTIGATION: Ex-gymnasts accuse renowned coach of sex abuse, OC Register, September 23, 2011

SCATS Gymnastics

Don Peters Biography, US Gymnastics Hall of Fame

More Blog Posts:
Los Angeles Wrongful Death Lawsuit Filed Against the Stepdad of Woman Who Committed Suicide While Alleging He Raped Her is Revived, California Injury Lawyers Blog, July 16, 2011

Costa Mesa Priest Sued for Orange County, California Child Sex Abuse on Trial, California Injury Lawyers Blog, June 16, 2011

Mexican Man's Los Angeles Sex Abuse Lawsuit Accuses Cardinal Roger Mahoney Of Conspiring to Cover Up for Priest, California Injury Lawyers Blog, April 20, 2010

Continue reading "Former US Olympic Gymnast Coach is Accused of Orange County, California Child Sex Abuse " »

An appellate court has ruled that Deborah Kincaid can sue her ex-husband for her daughter's Los Angeles County wrongful death. This decision revives Kincaid's civil complaint, which was dismissed by a Superior Court judge in 2009.

Kincaid claims her daughter Shannon committed suicide because Jeffrey Kincaid sexually abused her. The couple had gotten married when Shannon was 11 but it wasn't until the latter turned 25 that she reported the alleged abuse. Shannon's allegations against her stepfather also included molestation and torture. She accused him of using his hands to choke her and placing a plastic bag over her head. She also contended that he would use lit cigarettes to burn her.

Shannon, who suffered from psychological and emotional problems and struggled with substance abuse, committed suicide in 2008 by jumping off an apartment building roof. In her suicide note, she said that she couldn't take her "rape memories" any longer.

Later that year, Deborah sued her ex-husband for LA wrongful death and accused him of torturing and raping Shannon over a 10-year period. Jeffrey has since denied the allegations and DNA results from a police probe have also been negative.

However, in 2005, when Deborah accused Jeffrey of abusing Shannon, rather than flat out denying the allegations he said that he didn't know or remember. The police were listening in as part of their investigation and a number of conversations were recorded.

The judge who previously dismissed the wrongful death case said that the recordings could not be used as evidence. Now, however, the appeals court is allowing this evidence, which includes the conversations that it says could be interpreted as "adoptive admissions" of the alleged abuse. Deborah is seeking noneconomic, economic, and punitive damages.

This Los Angeles County wrongful death case is a prime example of why it is important that you speak with an injury attorney to find out whether you have a case. You want to work with an LA personal injury law firm that will fight for your right to recovery whether through settlement or in court--even if it means continuing to pursue your case until you get what you are owed. A person does not have to have directly caused a death to be held liable in civil court.

Suicide victim's mother wins right to sue former husband over daughter's death, Los Angeles Times, July 10, 2011

C.A. Revives Suit Claiming Man Drove Stepdaughter to Suicide, Metropolitan News-Enterprise, July 7, 2011

Deborah Kincaid v. Jeffrey Kincaid, Justia.com

More Blog Posts:
Los Angeles Car Accident: Lawsuit Blames the County, the City of Santa Clarita Over Woman's Wrongful Death While Watching July 4 Fireworks, California Injury Lawyers Blog, June 24, 2011

Newport Beach Bicycle Accident Lawsuit Seeks Damages from City Over Man's Orange County, California Wrongful Death, California Injury Lawyers Blog, June 23, 2011

Los Angeles Wrongful Death Lawsuit Filed In Toddler's Fatal Fall at Staples Center During Lakers Game, California Injury Lawyers Blog, May 29, 2011

In 2009, our Anaheim personal injury lawyers reported on our blog site about a California sex abuse settlement reached between the Roman Catholic Diocese of California and a Fountain Valley man who says that a reverend named Denis Lyons sexually abused him. The diocese has shelled out over $4 million dollars to settle Orange County, California clergy sex abuse claims over Lyons. Earlier this week, Los Angeles Times reported that Lyons was about to stand trial over criminal charges alleging lewd acts on a child under 14.

The 77-year-old is accused of sexually abusing a 7-year-old parishioner in the church rectory and sacristy at St. John the Baptist Catholic Church in 1992. He allegedly sexually abused the boy four times while the child was attending the Costa Mesa parish school.

Lyons, who was arrested in July 20, 2009, has pleaded not guilty to the four felony counts. Criminal charges were also brought against him in 2003 for the alleged molestation of a child under 14. The incidents are said to have occurred between 1978 and 1981 but that lawsuit was dropped after the US Supreme Court decided that a California law getting rid of the statute of limitations in sex abuse cases is not retroactive.

Under state law, the statute of limitations for a sex abuse victim to file a California sex abuse lawsuit is his/her 26th birthday or until within three years following discovery or when the victim should have reasonably discovered that psychological injury or illness occurred from the abuse. In addition to the perpetrator, entities or individuals that owed a child a duty of care but were negligent, which resulted in the sex abuse being able to happen, can also be held liable.

Diocese settles with man who claimed sexual abuse, OC Register, February 27, 2011

Costa Mesa priest to be tried in molestation case, Los Angeles Times, June 13, 2011

More Blog Posts:
Plaintiff Files Orange County, California Child Sex Abuse Lawsuit Accusing Two Priests at a Huntington Beach Parish, California Injury Lawyers Blog, June 11, 2009

Sexual Abuse Took Place at Hawthorne, California Nursing Home, Says Ex-Employee, California Injury Lawyers Blog, June 7, 2011

Brother of Alleged Clergy Sex Abuse Victim Says He Too Was Molested by Priests at Huntington Beach Parish, California Injury Lawyers Blog, January 20, 2011

Continue reading "Costa Mesa Priest Sued for Orange County, California Child Sex Abuse on Trial" »

California Department of Justice agents have arrested three nursing home workers for the alleged elder abuse of an elderly man. They say that one of the workers pulled on the resident's genitalia, while the other two knew about the incident but did not report it. The California nursing home sexual abuse occurred at the Idylwood Care Center.

The nursing home workers who were arrested are Arnold Samson, who faces charges of elder abuse and battery, Ricardo Martinez, and Ryan Tan. The incident came to the attention of the state after a fourth nursing home worker reported seeing Samson grab at the resident's genitalia. Agents say that their investigation revealed that Samson had done this to the man several times, including once when the resident was asleep. There were also other occasions when Samson allegedly threatened to touch the man.

Elder Abuse
Nursing home workers are supposed to report any incidents of abuse or neglect that they see their coworkers committing. An assisted living facility is supposed to stop the abuse or neglect immediately.

Unfortunately, California nursing home abuse and neglect continue to be serious problems at certain assisted living facilities. When this happens to a patient, he/she may have grounds for filing a personal injury claim.

Many residents cannot fight back when they are abused or sexually assaulted by a nursing home worker. Speech problems, mental illness, paralysis, traumatic brain injury, and other health issues may make it impossible for them to fight back or even report what happened. This can make it easy for the abuser to keep coming back, while inflicting harm on the resident.

Nursing homes must be careful about who they hire. They must also closely supervise their employees to make sure that they are administering the proper nursing care to residents.

Sunnyvale: Three nursing home workers charged with elder abuse, Mercury News, March 3, 2011

Sunnyvale Nursing Home Worker Arrested For Alleged Elder Abuse, KTVU, March 3, 2011

Related Web Resources:
National Center on Elder Abuse

Elder Abuse and Neglect, HelpGuide.org

Sexual Abuse Took Place at Hawthorne, California Nursing Home, Says Ex-Employee, California Injury Lawyers Blog, January 27, 2011

Continue reading "Three Workers Arrested for California Nursing Home Sexual Abuse" »

An ex-nursing home worker who was fired from Ideal Home Care says that he was let go because he complained about patient abuse, understaffing, and poor record-keeping at the California nursing home. Anthony Beasley started working at the nursing home, which takes care of physically and developmentally disabled adults, in May 2008.

He says that even though one male patient sexually assaulted both men and women, nursing home staff were only told to monitor him but not lock him in. Beasley says that entries he made in the staff log complaining of the patient's inappropriate behaviors were deleted or changed. He also claims that the assisted living facility was poorly staffed. Not only was he required to work 14 hour shifts, but also there were employees whose English was poor and who made medication mix-ups by giving the wrong ones to the wrong patients.

Nursing Home Sexual Abuse
Because many nursing homes patients are sick, frail, mentally ill, or disabled, they can make easy targets for sexual perpetrators. It is the responsibility of an assisted living facility to make sure that Los Angeles nursing home sexual abuse doesn't happen. This means carefully screening the people they hire so that they don't bring in employees that will abuse, neglect, or sexually assault patients. This also means carefully monitoring residents to make sure patients don't violate other residents.

In California, you can sue an assisted living facility for Los Angeles County nursing home neglect if their negligence allowed a patient to become a victim of sexual assault or any other type of violent crime. You should explore your legal options right away.

Meantime, Los Angeles County sheriff's detectives are looking at over 100 hours of graphic videos that it received last year showing men sexually assaulting mentally and physically disabled women, with some of them wearing diapers. They think the sex crimes occurred at a Los Angeles nursing home in 2007 or 2008.

Ex-caregiver alleges abuse at Hawthorne facility, Mercury News, January 26, 2011

Related Web Resources:
California nursing home violations, California Advocates for Nursing Home Reform

Elder Abuse in Nursing Homes, State of California Department of Justice

Continue reading "Sexual Abuse Took Place at Hawthorne, California Nursing Home, Says Ex-Employee" »

The state of California has approved a $20 million payout for Jaycee Dugard and her two daughters. Governor Arnold Schwarzenegger signed the California injury settlement on Friday.

Dugard, now 30, was just 11 when she was abducted in 1991 by Phillip Garrido, who held her hostage in his backyard compound until last August. She bore him two daughters, who are now ages 15 and 12.

Police have said that Dugard was raped, kidnapped and held captive by Garrido. His wife, Nancy is awaiting trial for kidnapping and other charges. Both have pleaded not guilty.

Phillip Garrido was already a convicted sex offender for a 1976 rape crime prior to abducting Dugard. California's inspector general has criticized the Department of Corrections and Rehabilitation for failing to properly monitor Garrido. Also, the California attorney general's office has alleged that state parole agents may have interacted with Dugard and her older daughter but did not follow up on her relationship with Garrido.

Last February, Dugard and her family filed a California personal injury claim against the Department of Corrections. Over the years, the agency missed opportunities that might have allowed them to locate her sooner. The Dugards contend that they suffered physical, psychological, and emotional harm from being held captive for nearly twenty years.

The California attorney general's office has said that the "the uniquely tragic circumstances" surrounding the Dugard case justifies the $20 million settlement. Dugard and her two girls will likely require millions of dollars in therapy and at least $450,000 to educate all three of them.

Report Says California Parole Agents Spoke with Jaycee Dugard in Captivity, FoxNews, July 7, 2010

Jaycee Dugard to get $20 million in settlement, SFGate, July 2, 2010

Kidnap Victim Wins Settlement, NY Times, July 1, 2010

Related Web Resource:
Timeline and Map, Jaycee Dugard Case, San Jose Mercury News

A Mexican national has filed a Los Angeles County sex abuse lawsuit seeking damages for the molestation he allegedly suffered at the hands of Father Nicolas Aguilar Rivera. Although allegations of sex abuse have followed Aguilar since the 80's, he was only defrocked last July.

The victim claims the alleged sex abuse incidents happened in the late 1980's. He is accusing Los Angeles Archbishop Cardinal Roger Mahoney and Mexico City Cardinal Norberto Rivera Carrera of covering up the alleged sex acts committed by Aguilar Rivera in an attempt to protect the Catholic Church from scandal. Rivera Carrera had asked Mahoney to place Aguilar Rivera in an LA ministry following an incident in Mexico involving boys who were beaten as punishment during an overnight stay in the Diocese of Tehuacan rectory.

Within nine months of arriving in the US, LA police had 26 reports of sex abuse involving the Mexican priest. Aguilar River may have abused up to 60 boys in Mexico.

The plaintiff is just one of a number of people to seek Los Angeles personal injury compensation for Aguilar Rivera's alleged sex abuse crimes and the church's failure to protect the victims and stop the priest from continuing to molest more people. Now age 25, the plaintiff is the first person known to employ the Alien Tort Claims Act of 1789 to seek a jury trial and request compensation for crimes that were committed abroad.

The Aguilar Rivera is currently a fugitive in Mexico.

Los Angeles Sex Abuse Lawsuits
It is mind-boggling to think of the number of people that have been the victims of clergy sex abuse over the years. For the hundreds of people that have stepped forward to seek personal injury compensation and/or tell their story, there are hundreds more that have chosen to remain silent or have yet to remember what happened to them.

Sexual abuse or assault of any kind is a violent crime that is punishable under law. The plaintiff may also be able to seek Los Angeles injury compensation for physical, emotional, and mental injuries, and other damages.

Mexican man who says he was raped by priest files lawsuit naming Mahony, Mexican cardinal, Los Angeles Times, April 20, 2010

Attorneys Sue LA, Mexico City Cardinal Over Abuse, Associated Press, NY Times, April 20, 2010

Related Web Resources:
Archdiocese of Los Angeles

Alien Tort Claims Act, Global Policy Forum