When I began practicing law, I soon learned through my dismay that personal injury lawyers, like Rodney Dangerfield, get no respect. For instance, a medical secretary said to me, "I hate lawyers." When I was single, a medical school intern said to me, "I would never date a lawyer."...
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National Crime Victim Bar Assocciation
Date Rape After Jury Says Not Guilty
The end to the Kobe Bryant case can be seen as a demoralizing defeat to advocates of sexual assault survivors because of the emotional toil Bryant's accuser endured from the incident and during the anticipation of the trial. Immediately after the charges were dropped, Bryant issued a surprising statement...
A path to hope for abuse victims
Civil Remedies for Sexual Misconduct
Did you know that one in four women in North America were molested in childhood?
- There are 1.7 million reports of child abuse each year
- Approximately one in seven males will have been sexually molested before the age of 18
- 51.9% of U.S. women and 66.4% of U.S. men have been assaulted by an adult caretaker as a child
- Most victims of sexual misconduct suffer an identifiable emotional injury causing ongoing limitations
- Civil remedies for domestic and sexual misconduct exist where an accident occurred and negligence exists
Across America there exists a judicial trend that favors victims of domestic and sexual violence. Courts and juries alike, across the country and in Pennsylvania, are awarding substantial civil damages to these victims based in negligence. This analysis will focus largely on Pennsylvania case law. We consider the theory, exception, damage requirements, and legal outcomes under insurance liability claims for sexual misconduct in Pennsylvania.
Pennsylvania Civil Remedies for Sexual Misconduct and the Lack of Civil Pursuit
Did you know that one in four women in North America were molested in childhood? [1]
- There are 1.7 million reports of child abuse each year. [2]
- Approximately one in seven males will have been sexually molested before the age of 18. [3]
- 51.9% of U.S. women and 66.4% of U.S. men have been physically assaulted by an adult caretaker as a child. [4]
- Most victims of sexual misconduct suffer an identifiable emotional injury causing ongoing limitations. [5]
- Courts permit lawsuits for sexual misconduct. These claims are insured by homeowner’s insurance where an “accident” is caused by “carelessness.”
Across America, lawsuits based upon domestic and sexual violence are increasingly common. Courts and juries alike, across the country and in Pennsylvania, are awarding substantial verdicts to these victims based upon a theory of carelessness, or “negligence” in lawyer-speak. The most important factor for a personal injury lawsuit is a home owners’ or other insurance policy to pay the jury verdict or settlement. With few exceptions, without insurance, there is no money to pay for the lawsuit.
Emotional Injury in the News and on the Silver Screen
The press and the movie industry have prepared American juries for claims that protect victims of domestic abuse and sexual assault by bringing to life its devastating and long-term effects. The legal community has slowly learned to protect victims from abuse but courts are poised for a quick leap toward change.
Op-Ed Submission to the Philadelphia Inquirer, September 2002
Late last month, several disturbing news stories about child abuse and neglect rocked the Philadelphia region. A grandfather mistakenly left his granddaughter in a sweltering hot car for a full day leading to her death. A mother permitted her husband to starve and perhaps poison her 18-year-old son to death. Another mother permitted her 11-year-old son's father to physically force him, through savage beatings, to sell illegal drugs to addicts.
Civil Remedies For Victims of Domestic Abuse
If you talk with any social worker or psychologist about sexual abuse, you will learn that it is a more common problem than society will acknowledge. Sexual abuse has devastating consequences which result in severe damage to the victims and the intimate, emotional relationships which they develop throughout their lives. Sadly, often the victim does not seek desperately needed therapy and treatment because of financial hardship and the lack of health insurance resulting in an untreated serious health condition and years of suffering.