Dave Ring Authors Article on New Consent Defense Legislation in Daily Journal
It is clearly stated in criminal courts that sexual perpetrators cannot use consent as a defense; however, this law is not as clear in civil court. On July 16, 2015, Governor Brown signed into law Senate Bill 14, eliminating the use of consent in civil cases where an adult perpetrator engaged in sexual misconduct with a minor. Partner Dave Ring examines the bill and discusses the Los Angeles Unified School District (LAUSD) lawsuit that inspired its creation in the Daily Journal article, “Finally, state recognizes that consent is not a defense”.
In 2014, an LAUSD teacher was criminally prosecuted for child sexual abuse and sentenced to three years in prison. However, in the civil suit, LAUSD attorneys argued that the 14-year-old victim consented to having sex with her adult male teacher.
Mr. Ring states, “The lack of any clear direction in the law cracked the door ajar just enough for defense attorneys to squeeze those deplorable arguments into their case.”
Child sex abuse experts understand that the vast majority of children who are abused are first “groomed” and “pre-conditioned” to the sexual acts by the perpetrator, who then gains their victims’ trust.
“No longer will defense attorneys for perpetrators, school districts, religious organizations, youth organizations, and the like be able to argue that a teenage victim ‘never said no or was a willing participant’ in the sexual acts perpetrated upon her or him,” concludes Mr. Ring.
Serving clients throughout the Greater Los Angeles and Southern California area, we represent victims in a variety of civil litigation cases. If you or a loved one has been injured, turn to an experienced Los Angeles personal injury or sexual assault lawyer.
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