Los Angeles Foster Care Sexual Abuse Lawyer

Los Angeles Foster Care Sexual Abuse Attorney

When children are in foster care, they deserve to be treated with care and respect. Being in foster care can already cause negative emotions for the children involved. However, these feelings are multiplied when sexual abuse comes into the picture. If you or someone you know suffered from abuse, contact a Los Angeles foster care sexual abuse lawyer to hold the responsible party accountable and seek justice.

Why Hire a Foster Care Sexual Abuse Lawyer From the DeMarco Law Firm?

The DeMarco Law Firm only represents survivors of childhood sexual abuse, including those who were abused in foster care. Our founder and lead attorney, Anthony DeMarco, is one of California’s most experienced foster care sexual abuse attorneys, and our firm has represented over 400 survivors in the pursuit of justice.

We regularly have cases in the Stanley Mosk Courthouse in Downtown Los Angeles and collaborate with many support organizations in the community to help survivors find compassionate, trauma-informed legal advocacy.

Understanding Sexual Abuse

Sexual abuse is defined as an act inflicted on a victim by a perpetrator that is sexual in nature. In foster care, victims are underage and, therefore, legally unable to consent to the abuse. Therefore, whether the act was “forced” is not relevant. Sexual abuse can happen through direct contact, such as through fondling or rape. It can also happen indirectly through means such as indecent exposure or sexual conversation.

Sexual abuse is often inflicted by someone known to the victim. It can come from trusted authority figures, such as foster parents or case workers. It can also come from other children who are in the home.

Foster Care Sexual Abuse

Foster care sexual abuse cases are uniquely complex because they may involve layers of negligence, from individual abusers all the way up to government agencies. Child Protective Services (CPS), county social workers, or placement agencies might have failed to investigate red flags or may have actually ignored complaints.

Institutions that should have protected children may have failed in the areas of background checks, supervision, and follow-up visits. Unfortunately, many foster care children have already experienced some form of trauma, so it may be more difficult to detect whether or not sexual abuse has occurred if you base your judgment on behaviors alone.

However, you should be aware of some signs that can point to sexual abuse, including:

• Reservation and withdrawal
• Poor performance in school, especially if the child previously performed exceptionally well
• Skipping school
• Behavioral changes
• Anxiety
• Depression
• Aggression
• Fear of certain adults
• Increased and inappropriate sexual behavior and conversations
• Lack of interest in the things they enjoy
• Self-harm

It’s important to monitor the child’s behavior, especially in comparison to previous behaviors. For instance, if the child has always shown signs of aggression, this may be a separate issue. However, if they have never shown these signs before and suddenly begin to exhibit aggressive behavior, this could point to the possibility of sexual abuse.

Los Angeles Foster Care Sexual Abuse Laws

Unfortunately, many times, abuse is perpetrated by someone the victim knows. About 90% of childhood sexual abuse is inflicted by someone the victim knew or trusted, such as a family member. Women who were sexually abused as children are two to 13 times more likely to be sexually abused as adults.

California Code 288 clearly defines that any sexual activity with a child is illegal. The law also declares that anyone who molests a child will be subject to a fine of up to $5,000 and/or time in jail up to one year.

When these laws are broken in foster care, those responsible must be held accountable. The unfortunate truth is that sometimes there are signs of abuse that go unnoticed or unchecked, including:

• Poorly performed background checks or no background checks performed at all
• Previous complaints of abuse that went unchecked
• Lack of supervision
• Lack of case management
• Failure to remove children from abusive environments

Unfortunately, this leaves many children feeling neglected and abandoned. However, the DeMarco Law Firm has experience with foster care sexual abuse cases and can help you seek the justice you deserve.

FAQs

What Are the Sexual Abuse Laws in California?

California’s sexual laws broadly outlaw non-consensual sexual activity, including rape, sexual assault, lewd acts with a minor, and sexual battery. The age of consent is 18. California has strict criminal laws, as well as an extended statute of limitations for civil claims regarding child sexual abuse. Both criminal and civil penalties are possible for offenders and enablers.

What Is PC 243.4A in California?

PC 243.4A in California refers to California Penal Code § 243.4(a). Sexual battery entails non-consensual contact with another individual’s intimate areas with the intention of sexual arousal or abuse. Sexual battery usually happens while the victim remains restrained or unconscious and doesn’t know about the contact because they were likely fooled into the situation. The offense is a “wobbler,” which can be charged as a misdemeanor or felony.

What Is the Foster Home Sexual Abuse Reporting Law in California?

The abuse reporting law in California refers to the Child Abuse and Neglect Reporting Act (CANRA). This law states that certain professionals are to be mandated reporters, meaning they are legally required to report abuse immediately after they discover it. This applies to certain professions, particularly those who have regular contact with children, including doctors, teachers, therapists, and social workers.

Does Foster Home Sexual Abuse Have to Be Reported?

Generally, all forms of abuse must be reported by mandated reporters, including foster home abuse, physical abuse, sexual abuse, and emotional abuse. This also covers neglect and exploitation. Behaviors that should be reported include injuries, malnutrition, cruelty, and lack of proper adult supervision. In California, a report to child protective services or law enforcement is required if there is “reasonable suspicion” of abuse, even if the reporter has no evidence of it.

Contact the DeMarco Law Firm Today

If you or someone you know was subjected to child sexual abuse in a foster care system, the DeMarco Law Firm can fight on your behalf and hold the offenders accountable. Contact us today to hire a foster care sexual abuse lawyer and speak with a representative.