Tennessee Injury Law CenterThe statistics from Wednesday were pretty sobering. And frankly, they are depressing. And, if you are like me, you want to help prevent these crimes and help take care of those that have been victimized. So, here are a few tips to help you get started: Continue reading
Articles Posted in Lawsuits Arising From Criminal Conduct
April is Sexual Assault Awareness Month and Child Abuse Prevention Month
Let’s start with some statistics that will both sadden and anger you:
Child Abuse
- Each year, 3 million reports of child abuse are made in the United States. The abuse can consist of physical abuse, sexual abuse, emotional abuse, physical neglect, emotional neglect.
- Every ten seconds a report of child abuse is made.
- Child abuse is an underreported crime.
- Amongst industrialized nations, the United States’ record on child abuse is one of the worst.
Sexual Assault
- Every 107 seconds, another person in the United States is a victim of sexual assault.
- Sexual assault is an underreported crime with 68% not reported.
- Roughly 2/3 of sexual assaults are perpetrated by someone known to the victim.
- One in four college women will be the victim of rape or attempted rape
Peanut Plant Faked Lab Results? That’s Just Nuts – and Criminal (If True)
The 2008-2009 salmonella outbreak prompted one of the biggest food recalls in this country’s history. 714 people were sickened and 9 people died as a result of tainted food. This month, federal prosecutors are seeking criminal penalties against the corporate management of a peanut company that faked lab results and failed to recall products they knew were contaminated with salmonella.
Peanut Corp. of America supplied peanut paste to companies like Kellogg’s to be used in peanut butter crackers etc., but often had trouble meeting demand. So rather than wait two days for salmonella and other contaminant testing, the company would ship the peanut paste on the same day it was made and use old lab results to attach to the product. Just as bad if not worse, the company failed to recall their product if testing revealed it was tainted.
As evidenced by this case, the effects of food poisoning can go way beyond diarrhea and general malaise. It can cause serious injuries and even death. Individuals and corporations who recklessly expose the consuming public to such injuries should be held accountable for compensatory damages and punitive damages. And, when appropriate, they should face criminal penalties.
Sexual Abuse and the Roman Catholic Church: The Crisis Continues
The United States Conference of Catholic Bishops recently released its 2013 audit of 127 dioceses/eparchies and the numbers are staggering. Despite increased awareness and a pledge by Pope Francis for greater accountability and vigilance for sexual abuse, there were still 935 allegations of sexual abuse last year alone. Notably, the report indicates 136 of those claims have been substantiated, which is a large number given that sexual abuse is often a swearing contest between victim and perpetrator. In fact, 472 of the claims were unable to be proven either way. 223 claims are still under investigation, 78 were found to be unsubstantiated and there were 27 "other".
As for the accused, 538 priests and 11 deacons were accused of sexual abuse. 175 others were also accused but their clerical status was unknown. With respect to the victims, 80% were male and only 20% were female. The most victimized were children between the ages of 10 and 14.
According to the report, in the past 11 years, the Catholic Church has spent almost $3 billion on allegations of sexual abuse. The figure includes settlements, therapy for victims, support for offenders, attorneys’ fees and other costs. To review a full copy of the audit, click here.
More Sex Abuse Settlements By The Roman Catholic Church
The Diocese of San Bernardino has announced a $3.8 million settlement in two lawsuits which alleged a former Catholic priest sexually abused two children. The priest at the center of the scandal is now 60 years old and defrocked. He pled guilty to lewd and lascivious acts with a 12 year old boy. He served a mere eight months in jail for his crimes.
This was a criminal act by a sick man. The fact that he was a priest is not a mitigating factor but instead an aggravating one as church should be the safest place a child can be outside the care of his or her own family. At The Law Offices of John Day, P.C., we are passionate about the rights of victims of sexual abuse. We have successfully made new law in the Tennessee Supreme Court in a sexual abuse case against the Roman Catholic Diocese of Nashville, and John Day has been asked to speak at a seminar hosted by The National Center for Crime Victims to help educate crime victim advocates about protecting victims’ rights through the civil court system.
If you would like to confidentially discuss a sexual abuse case, simply fill out this form to schedule an appointment or call us anytime at 615-742-4880 or toll-free at 866-812-8787 for a free, no-obligation consultation with one of our award-winning lawyers. You can meet with either a male or female lawyer, whichever makes you feel most comfortable to discuss your case.
Apparently, Crime Does Pay. And, It Takes Cruises.
Under a 2010 law, cruise lines are required to report to the FBI allegations of only eight serious crimes including homicide, suspicious death, missing U.S. national, theft of money or property in excess of $10,000, kidnapping, certain sexual offenses, assault with serious bodily injury, firing or tampering with the vessel. There are two problems with the law: (1) lots of other crimes that might deter prospective passengers from traveling with a particular cruise ship are not included in the reporting requirements; (2) the statistics on the reportable crimes are only published by the Coast Guard after the investigation is closed, which is often months and years after the crime occurred. In fact, according to the Government Accountability Office, the release of data is so slow that only 81 cases of 287 reported crimes were actually made public from 2010-2013.
So if you are going to take a cruise, here are a few steps you should take:
1. Six cruise lines post online statistics about the serious crimes on their vessels. Of course, self-reporting is often skewed and the statistics are only for serious crimes, but it is a least another source of information to be used in conjunction with those provided by the Coast Guard;
Tennessee’s Sexual Abuse Reporting Statute
Penn State University’s settlement of the cases involving Jerry Sandusky reminds us of our moral and legal obligation to protect children from sexual predators. One of the hallmarks of a civilized society is how we treat the lesser amongst us. Obviously, by the use of the term “lesser”, I do not mean to imply less worthy. I mean those whose well-being is dependent upon the protection and care of others i.e., the sick, the elderly and our children.
In Tennessee, ANY PERSON who knows or has reasonable cause to suspect a child has been sexually abused MUST report the knowledge or suspicion to the any of the following:
a. The judge having juvenile jurisdiction;
Football, Felonies, and Sports Bars Who Serve Alcohol to Drunks
Sports bars can be a great place to watch a football game: huge televisions, multiple games on at one time, wings, pizza and beer. In the fall, it is easy to see how an entire Saturday or Sunday afternoon can be spent at the bar watching college or professional football. Of course, if you have spent the day drinking, you have no business driving yourself home. Unfortunately, people do so, and innocent people become victims of drunk drivers and the bars that over-serve them.
In our last blog post, we discussed the criminal penalties for first time DUI, which is a misdemeanor. But if a drunk driver harms someone, in many circumstances, the conduct can rise to a felony. If a drunk driver is found guilty of vehicular assault (serious injury to another person by a DUI driver), then the offender has committed a Class D Felony which can result in license revocation from 1 to 5 years (a restricted license is not available), jail time of 2 to 12 years, a $5,000.00 fine and other costs such as attorney fees, bail, etc. Vehicular Homicide (a fatal crash caused by a DUI with a .08 BAC or more) is a Class B felony and is punishable by 8 to 30 years in prison and a fine of up to $25,000.00. Aggravated Vehicular Assault While Driving Intoxicated is a Class A Felony (requires proof of prior DUI offenses) and is punishable by 15 to 60 years in prison and a fine of up to $50,000.00.
In addition to criminal penalties for the drunk driver, the bar or restaurant faces misdemeanor charges if it serves alcohol to someone who is visibly intoxicated. The bar or restaurant that serves who over-served alcohol to a visibly intoxicated person who gives into a car and hurts others may be responsible for any harm caused by the drunk driver such as the victim’s medical bills, pain and suffering, lost wages, etc. This area of the law is called dram shop or liquor liability law. To learn more about the legal liability of bars and restaurants , follow the link.
How Can A Child Sue A Child Sex Abuser?
Sexual abuse of a child is not only a crime that can (and should) result in criminal charges against the abuser. It is also wrongful conduct that makes the abuser liable for damages in a civil lawsuit.
Civil wrongs are called "torts." There are lots of categories of torts, but the two most applicable to sex abuse claims to minors are the tort of "battery" (the unlawful touching of another person) and "intentional infliction of emotional distress" (engaging in outrageous conduct that results in severe emotional injury to another). A person who commits a tort is liable for compensatory damages to the person injured by the conduct. If the tort is an intentional tort, or one that involves reckless conduct, the wrongdoer is also liable for punitive damages.
So, a child who is a victim of sexual abuse can (with the assistance of his or her parents or guardian) file a lawsuit against the abuser and seek compensatory and punitive damages for the injuries he or she suffered at the hands of the abuser. Whether the conduct occurred, what injuries were caused by the conduct, and the amount of damages to be awarded are issues that will be determined in the case.
Abuse or Exploitation of the Disabled in Tennessee
The abuse (sexual or physical or mental) or exploitation of a disabled adult in Tennessee can give rise to a right of the disabled person to seek damages.
Under Tennessee law, a disabled adult is one who meets one of the following criteria:
(A) Has some impairment of body or mind that makes the person unfit to work at any substantially remunerative employment;