Lawyers Gathering in Athens to Aid Child Sex Abuse Survivors
"None of our clients say we're just doing this for money," said Emma M. Hetherington, law professor and director of the University of Georgia School of Law's Wilbanks Child Endangerment and Sexual Exploitation Clinic. "They're doing this because they want public access to a court of justice."
March 11, 2020 at 05:56 PM
4 minute read
Survivors of sexual abuse have found some comfort in recent high profile cases that have drawn strength from the testimony of multiple victims: Disgraced film producer Harvey Weinstein has been sent to prison for sexual assault; Tavis Smiley was ordered to pay PBS $1.5 million for violating his contract's morals clause; compensation funds are being set up in bankruptcy proceedings against scouting organizations and churches facing litigation.
But none of that is likely to boost recovery prospects for survivors in Georgia and other states that have a tight statute of limitations for civil litigation, according to Emma M. Hetherington, law professor and director of the University of Georgia School of Law's Wilbanks Child Endangerment and Sexual Exploitation Clinic, known as the CEASE Clinic, "Unless the crimes took place after July 1, 2015, or the victims are currently under 23."
That makes the clinic's holistic approach particularly important, she said.
Litigators, prosecutors and social workers will be gathering in Athens next month to talk about what will help survivors of childhood sexual abuse. The CEASE Clinic will hold a conference April 9 and 10 in the Larry Walker Room on the fourth floor of the Dean Rusk International Law Center.
The clinic is the first of its kind in the nation, representing survivors of child sexual abuse in civil lawsuits and juvenile court dependency proceedings and serving as a teaching center. Through a partnership with the University of Georgia School of Social Work, CEASE also provides trauma-informed case management, referral, and advocacy services to clients.
"None of our clients say we're just doing this for money," Hetherington said. "They're doing this because they want public access to a court of justice."
Sometimes clients will say they know the perpetrator is still volunteering with children for an organization whose leaders don't know the danger. They want to "make sure other people know," she said.
Georgia temporarily suspended its statute of limitations for adult survivors of childhood sexual abuse to file civil litigation, but that window has now closed. Efforts have been made and failed in the Legislature to follow some other states in lengthening or abolishing the statute of limitations for child sexual abuse. Survivors of childhood sexual abuse often don't disclose the crimes until midlife, often when they have children of their own, Hetherington said.
In addition, Georgia law protects institutions—scouting organizations, churches, schools, all of which have been accused of protecting sexual predators and have successfully lobbied the Legislature to shield them from liability. So only individuals can be sued, and most don't have assets to pay damages, restitution and the cost of therapeutic services it takes to allow many victims to grow strong enough to stand up to abusers, Hetherington said.
Hetherington will speak during a dependency trial discussion during the conference, along with Jennifer Elkins and Sara Skinner from the School of Social Work and DeKalb County Juvenile Court Judge Diana Rugh Johnson.
Plaintiffs lawyers Natalie Woodward of Shamp Jordan Woodward and Darren Penn and Alexandra "Sachi" Cole of Penn Law will talk about child sex abuse and public nuisance claims.
Speakers on the conference agenda include: Patrick McDonough and Jonathan Tonge of Anderson Tate & Carr, attorney Annie McAdams, GBI Director Vic Reynolds, Assistant Attorney General and Human Trafficking Section Chief Hannah Palmquist and Georgia Street Grace Executive Director Camila Zolfaghari.
The registration link is on the CEASE clinic website.
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