The state must not dilute justice in cases of sexual abuse of children

By Chantel Johnson, especially for CalMatters

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Last year, Los Angeles County agreed to pay a record $4 billion to settle thousands of claimsof sexual abuse in county juvenile facilities and foster homes. There are many points of view to the argument. This is from a child advocate. Another perspective by trade unions representing affected workers is here.

The a recent revelation by 95-year-old Dolores Huerta that Cesar Chavez sexually abused her decades ago is a stark reminder of what research has long shown: the effects of sexual violence are profound and lifelong, and often claim survivors decades to talk about what they experienced when they were young.

But even as California lawmakers pledge support for Huerta and other survivors, they are preparing to introduce legislation that would block an entire class of sexual assault survivors from seeking justice.

Last year, Los Angeles County reached a record $4 billion settlement with survivors of sexual abuse in its foster care and juvenile justice systems. New claims from survivors of abuse continue to flow into state systems.

Now the county is pushing legislation it would create new time limits, damage limits, and immunity provisions, making it nearly impossible for those wronged by the state to seek liability.

It is a stunning betrayal for those who have already suffered unimaginable harm.

For much of my life I have been involved with the foster care system in one way or another, first as a foster youth, later as a caregiver, and now as a professional attorney.

Over the years I have seen the best of humanity in this system. I have watched foster parents, social workers, and attorneys go the extra mile to comfort and care for children who have experienced unimaginable trauma.

But I have witnessed the worst. I have seen children who were removed from their homes in the name of “protection” be abused again by the very systems designed to keep them safe.

This new legislation will add to that trauma by denying survivors compensation for harms that are well documented and could have been prevented.

For generations, children placed in county-run facilities have experienced widespread abuse, neglect and exploitation. As early as 1984, staff members at the notorious MacLaren Children’s Center were arrested on child abuse charges, but the abuse continued.

When the state takes custody of a child, it assumes one of the most fundamental responsibilities imaginable: keeping that child safe. Los Angeles County has failed in this most basic duty.

Now, instead of confronting this failure honestly and fairly, politicians want to change the rules, denying a certain group of survivors the right to seek civil compensation for the harm they suffered as children.

County officials cast the proposal as a fiscal necessity in the face of California’s extended statute of limitations for childhood sexual abuse, which has led to a flurry of lawsuits against everyone from the county to the Boy Scouts to the Catholic Church.

But the proposed law would not limit the rights of Boy Scouts or altar boys to seek compensation for abuse they suffered as children. Instead, it disproportionately singles out the black and brown youth who grew up in the county’s care — a blatant attempt to balance the budget on the backs of the very children the government failed to protect.

The idea that young people growing up in the care of social systems should have fewer rights than other survivors is outrageous. If anything, they should have more rights. No amount of fiscal pressure justifies telling these young people that their suffering is less important or their rights are less valid than everyone else’s.

The forces that kept Huerta silent for decades can be overwhelming for youth in the foster care and juvenile justice systems, who often lack stable adults, resources or legal support. California recognized this reality when it extended the statute of limitations.

This new law will do just the opposite. It tells the public that when government institutions fail children, the solution is not reform, but immunity.

Worst of all, it tells survivors that their trauma is less important than the balance sheet.

This article was originally published on CalMatters and is republished under Creative Commons Attribution-NonCommercial-No Derivatives license.