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The Support You Need. The Settlement You Deserve.

Maison Law stands with survivors of sexual abuse at California detention centers, advocating for your legal rights. While a lawsuit can’t completely undo the harm or criminally penalize offenders, we’re dedicated to using all legal avenues to help you. Contact us today for a free consultation to explore all available options to get the maximum financial support available to you under California law.

Determining Liability in a Sexual Abuse Claim Against Dorothy Kirby Center

While sexual abuse allegations and incidents unfortunately occur at Dorothy Kirby Center during a juvenile detainee’s time there, any related claim depends on identifying the responsible party. Liability in a sexual abuse claim goes beyond the individual who committed the act, particularly in cases within the juvenile detention system. Essentially, liability is established by demonstrating that the center:

  • Failed to take reasonable measures to prevent sexual abuse, creating an environment where it could occur and result in harm or injury to you.

Under this definition, various parties could potentially be responsible, including:

  • Abuser – The person who did the harm is mainly responsible for the sexual abuse claim. They could face legal consequences, like criminal charges and lawsuits, depending on factors such as intent, knowledge, and any negligence.

  • Kirby Center authorities – The people in charge at the Kirby Center may be held responsible if they knew about the abuse or should have known but didn’t take the right action. Their liability could stem from issues like not hiring, training, or supervising properly.

  • County government – The county government might be involved if there are claims of neglect in managing the center or if rules weren’t enforced. Factors like not doing background checks on staff or addressing previous complaints could be reasons for their involvement.

  • Staff members – Besides the person who caused the harm, other center staff could be responsible if they knew about the abuse and didn’t report it or didn’t do enough to stop it. How well they were trained, the reporting systems in place, and ensuring a safe environment all affect their level of responsibility.

  • Outside parties – Contractors at the camp might not be highly responsible, but if their actions or negligence played a role in the abuse, they could be part of legal proceedings. For example, if inadequate security measures by a contractor contributed to the abuse, they might share some blame.

Timeframe to File

Regardless of who is ultimately responsible, California imposes a deadline to file any claim, including those for sexual abuse at a juvenile detention center. That said, the law recognizes the unique challenges that come with these types of cases and provides the following “statute of limitations” on these claims:

  • Assembly Bill 218 (AB 218) – Child Victims Act – AB 218, also known as the Child Victims Act, allows claims to be filed until:
    • You turn 40, or
    • Within 5 years of discovering injury from the abuse.

  • Assembly Bill 452 (AB 452) – Justice For Survivors Act – AB 452, the Justice For Survivors Act, eliminates the statute of limitations for sexual abuse incidents occurring after January 1, 2024. For California juvenile detainees, including those at Kirby Center, who experience sexual abuse after this date, there is no deadline to file a claim. If the abuse happened before January 1, 2024, AB 218’s statute of limitations remains in effect.

Making sure you file your claim within these timeframes is extremely important to the overall process, but you must remember that a sexual abuse claim, particularly against a government entity like Kirby Center, requires experience and knowledge. This is where Maison Law can be a huge help.

Filing a Lawsuit Against Kirby Center For Sexual Abuse

Having legal options, especially in the wake of sexual abuse at Kirby Center, is an important step in your overall recovery. However, actually moving forward with a lawsuit can be challenging in its own right, taking up time and energy. That said, once you decide to move forward, our team will be with you every step of the way.

Every case proceeds in its own unique way, but usually the steps include:

  • Filing a lawsuit – This officially marks the beginning of the legal process, where we file your Complaint in civil court. This document outlines your claims and the damages you’re seeking.

  • Discovery exchange – This stage entails formal requests for evidence, documents, and responses to questions, accompanied by depositions from key witnesses.

  • Negotiations and mediation – As the case progresses and evidence is gathered, discussions and potential mediation sessions are conducted to explore a settlement. Our team strives to represent your interests effectively during these negotiations.

  • Trial – If no agreement is reached, the case advances to trial, where evidence is presented, witnesses are called, and the jury renders a final decision.

Damages in a Sexual Abuse Lawsuit

With any lawsuit, the primary aim is to recover damages. In sexual abuse cases, damages may include:

  • Pain and suffering – These address the physical pain and mental distress involved with the abuse.

  • Emotional distress – These damages cover emotional strain and related expenses.

  • Mental anguish – Mental anguish damages associated with therapy and care addressing psychological trauma.

  • Medical expenses – This category of damages covers medical treatment, ongoing care, and therapy.

  • Loss of quality of life or companionship – These damages are for the impact the abuse has had on your relationships and overall quality of life.

  • Punitive damages – In many sexual abuse cases, punitive damages may also be awarded. These are additional damages intended to penalize the facility and discourage future misconduct.

The outcome of your case hinges on various factors, including the strength of your evidence and the circumstances surrounding the abuse at the detention center. Despite challenges, our team remains steadfast in supporting you throughout the entire process, working diligently to secure the outcome you want.

Count on Maison Law for Trustworthy Support in Sexual Abuse Matters

If you’re a survivor of sexual abuse at the Dorothy Kirby Center or any other juvenile detention center in California, Maison Law is here to support you. We are dedicated to offering personalized assistance, safeguarding your rights, and fighting for justice on your behalf. Contact us today to schedule a free consultation and begin the process.