When you or someone you care about is struggling with addiction, it can be an all-consuming issue. Often, the choice to enter rehab comes at great personal and financial cost. Regrettably, California schools have faced safety challenges, with one of the most distressing being the occurrence of sexual abuse involving students.
Rehab Center Sexual Abuse Victims Can Count on Maison Law
No person should have to endure the trauma of sexual abuse, especially in an drug treatment or rehabilitation facility where they should feel secure and protected. Sadly, sexual abuse within California’s many rehab centers remains a troubling issue, with potentially profound and lasting effects on the victims.
At Maison Law, our team of seasoned California drug rehab clinic abuse lawyers is dedicated to holding these facilities accountable when they fail to safeguard their patients from such abuse. We are committed to securing justice and the rightful benefits for our clients. Please don’t hesitate contact us today for a free, no-obligation consultation. You can count on our team.
How is a Rehab Center Defined in California?
In order to understand the issue of sexual abuse in California’s rehab center, you first have to understand what a rehab center is.
According to Section 10501 of the California Code of Regulations, a rehab facility refers to any building or facility where:
- People who need assistance with drug or alcohol abuse can stay. These facilities are open 24 hours a day, and provide non-medical drug or alcohol treatment services.
While it’s generally understood to be a facility where you or someone else can get treatment for drug or alcohol addiction, there’s a number of things that make a rehab facility different from other types of care facilities in California:
- Treatment for substance abuse – Many rehab centers in California primarily focus on treating individuals with substance abuse disorders, including alcoholism and drug addiction. They offer a range of therapies and programs to help individuals overcome their addiction and develop healthier lifestyles.
- Medical and psychological support – Rehab centers in California typically have medical professionals and therapists on staff to provide comprehensive care. Medical detoxification may be a part of the treatment process to safely manage withdrawal symptoms.
- Inpatient and outpatient options – Rehab centers may offer both inpatient and outpatient programs. Inpatient programs involve residential treatment where individuals live at the facility for a specific duration, while outpatient programs allow individuals to attend therapy and treatment sessions while living at home.
- Holistic approach – Some rehab centers in California take a holistic approach to treatment, addressing not only the addiction itself but also the underlying psychological, emotional, and social factors that contribute to addiction.
- Specialized programs – There are specialized rehab centers that cater to specific populations, such as adolescents, veterans, or individuals with co-occurring mental health disorders.
- Location and setting – The location and setting of rehab centers can vary widely. California offers a range of rehab facilities, from urban centers to serene rural settings, allowing individuals to choose an environment that suits their preferences.
- Insurance coverage – Many rehab centers in California accept health insurance, and there are state-funded programs and grants available to assist individuals who may not have insurance coverage.
Again, the many rehab centers in California offer some form of all of the above. That said, when you or a loved one check yourself into a residential facility, it can give rise to numerous issues–up to and including sexual abuse.
Defining Sexual Abuse
Another key facet is understanding what sexual abuse is. Sexual abuse, in a broad sense, happens when:
- Someone engages in sexual actions with another person without their agreement.
With such a broad definition, sexual abuse can take place in a number of different ways:
- Rape or sexual assault
- Sexual battery
- Sexual exploitation or coercion
- Incest
- Sexual harassment
- Revenge pornography or sharing intimate images without consent
- Sexual trafficking
As you can see, there are any number of potential scenarios that can lead to sexual abuse in a California rehab center. However, there are underlying causes that make sexual abuse more likely to happen at these places.
What Leads to Sexual Abuse at California Rehab Centers?
Sexual abuse can happen in California rehab centers for various reasons. Despite the goal of rehabilitation, the fact that patients have limited power and resources can make them vulnerable. Here are some factors contributing to sexual abuse in rehab centers throughout California:
- Power imbalance – In rehab centers, power dynamics can lead staff to misuse their authority, exploiting vulnerable patients who can’t protect themselves.
- Lack of oversight – Inadequate monitoring allows staff to engage in abusive behavior without consequences.
- Staff misconduct – Some rehab center staff may engage in inappropriate or unethical conduct, taking advantage of the trust placed in them by patients.
- Inadequate staff training – If staff members are not properly trained to recognize and respond to incidents of sexual abuse, they may not take appropriate action when abuse is reported or observed.
- Lack of policies and procedures – Insufficient policies and procedures related to preventing and addressing sexual abuse can leave gaps in protection for patients.
- Fear and silence – Patients in rehab centers may be hesitant to report sexual abuse due to fear of repercussions, stigma, or shame. This fear and silence can allow abuse to persist.
- Compounded issues – Some individuals seeking treatment in rehab centers may have co-occurring mental health or substance abuse issues that make them more vulnerable to exploitation.
With so many underlying issues present in these facilities, it can seemingly be difficult to police and prevent sexual abuse. That said, there’s always measures these centers can take to put a stop to sexual abuse of patients. Unfortunately, this doesn’t always happen. In these situations, it’s important to understand that you have rights.
What is the Legal Process For Filing a Sexual Abuse Claim Against a California Rehab Center?
Sexual abuse in California is against both criminal and civil laws, giving you different legal choices if you’re a victim. In criminal cases, the specific type of sexual abuse determines the punishment, but it’s usually a felony, which can lead to jail time, fines, and probation. If it involves a minor, registration as a sex offender is an additional penalty.
Liability in Civil Claims
In civil claims for sexual abuse against a rehab center or staff member, liability comes into play. It means someone is responsible for the harm caused by the abuse. In these cases, “vicarious liability” applies, which means one party (like the facility) is also responsible for another party’s (like the staff member’s) actions.
In a sexual abuse claim, different parties could be liable depending on where the abuse happened:
- Perpetrator – The individual who committed the sexual abuse is the primary party responsible for their actions. Under California law, they could face criminal charges and civil liability.
- Rehab center – The rehab center itself can be held liable if it can be demonstrated that they knew about the abuse or should have known about it and failed to take necessary action to prevent or address it. This could include negligence in hiring, training, or supervising staff.
- Staff members – If specific staff members within the rehab center were aware of the abuse or engaged in abusive behavior, they may be held individually liable for their actions.
- Employer or management – The employer or management of the rehab center can be held liable if they were aware of the abuse or should have been aware of it and failed to take corrective action. This may include failure to properly investigate complaints or protect patients.
- Third parties – In some cases, third parties who are not directly employed by the rehab center but had access to patients and participated in the abuse may also be liable.
- Licensing and regulatory bodies – If there were violations of licensing or regulatory standards in the operation of the rehab center, the relevant licensing and regulatory bodies may also have a degree of liability for failing to ensure the facility’s compliance.
Obviously, determining liability in a sexual abuse claim against a rehab center can be complex. This is where our team can help. We can help you navigate the legal process and provide you with vital legal support throughout the entire process.
Legal Process
With liability determined, you can proceed with actually filing a claim for damages against the responsible parties. Generally speaking the legal process for such a claim involves the following:
- Gather evidence – Collect all available evidence related to the abuse, such as medical records, photos, correspondence, and any documentation of the incident. This evidence will be crucial in proving your claim.
- Statute of limitations – Understand the statute of limitations for your case. In California, Assembly Bill 2777 currently sets a statute of limitations of ten years from the initial assault or within three years of finding out you were injured because of the abuse. It’s important to act promptly to ensure your claim is within the legal time limits.
- File a Complaint – With evidence and an outline of what happened, our team will draft a legal Complaint, which is the formal document that initiates the lawsuit. This Complaint will detail the allegations against the rehab center and any other parties involved.
- Service of process – The Complaint must be served on the defendant(s), which in this case is the rehab center. Proper service ensures that they are aware of the lawsuit.
- Response from the Defendants – The rehab center will have a specific period to respond to the Complaint. They may admit or deny the allegations and may file counterclaims or defenses.
- Discovery phase – Once the Complaint has been answered by the rehab center or other parties, the discovery phase begins. This is typically the longest part of the process, and includes things like exchanging evidence, taking depositions, and going through court hearings and scheduling.
- Negotiation or mediation – In most cases, the parties often attempt to reach a settlement through negotiation or mediation to avoid a trial. Our team will represent your interests during these discussions.
- Trial – If a settlement cannot be reached, the case goes to trial. We’ll present your case, including evidence and witnesses, and the court will make a judgment.
- Verdict – If the court rules in your favor, you may be awarded compensation for damages, including medical expenses, pain and suffering, and potentially punitive damages against the rehab center and perpetrator.
It’s important to note that the legal process can vary depending on the specifics of your case. However, working with our team can make sure that your rights and interests are protected. More than that, we’ll provide you with important emotional support as you stand up to and against the rehab center and perpetrator in court.
We’ll do everything we can to make sure justice is served and that the facility and perpetrator are punished to prevent further abuse from happening.
Experienced and Dedicated Support From California Drug Rehab Clinic Abuse Lawyers
Taking steps to address your drug or alcohol addiction at a rehab center should be treated with the necessary respect and seriousness. Unfortunately, many of these centers don’t give their patients the care they deserve.
At Maison Law, our experienced team of California rehab clinic abuse lawyers is ready to support you if you’re experiencing sexual abuse in your rehab center. When you choose us, we’ll ensure you receive the care and treatment necessary for a happy, healthy life.
If you suspect sexual abuse in your rehab center, contact us today to set up a free, no-obligation consultation.
