Author: Brent Hoffman

As the number of sexual abuse cases against priests and other church staff mounted, one of the largest Catholic Church organizations in the country threatened to file Chapter 11 bankruptcy as a measure to protect itself and limit survivor payouts.

“We believe the bankruptcy process is the best way to provide a compassionate and equitable solution for survivors of abuse while ensuring that we continue the vital ministries to the faithful and to the communities that rely on our services and charity,” Archbishop Salvatore J. Cordileone said in a letter addressed to Catholics in San Francisco.

Archbishop Cordileone signaled the bankruptcy earlier this month, warning publicly that the filing was “very likely.”

San Francisco is the third archdiocese in the state to file for bankruptcy this year. The dioceses of Oakland and Santa Rosa filed in the spring, citing the number of sexual abuse lawsuits filed against them. The diocese of San Diego, one of the largest in the state, announced in May that it planned to file later this year.

Archbishop Cordileone is a key player in the Catholic Church’s ultra-conservative wing. For example, he “banned” former House Speaker and Bay Area Catholic Congresswoman Nancy Pelosi from participating in communion in all of San Francisco.

Many misbehaving organizations and companies seem to look at bankruptcy as some sort of proverbial magic wand that can instantly make all their financial and nonfinancial problems disappear. But it is not that simple, and an experienced attorney can help survivors seek the justice they deserve.

If you or a loved one was sexually abused as a minor by a priest or other church worker, Maryland’s new laws mean you have a renewed opportunity to file a claim and get the justice you deserve. Contact The Yost Legal Group today for a free consultation.

Bankruptcy Abuse

As mentioned above, to many entities in legal trouble, Chapter 11 bankruptcy seems like a silver bullet. The automatic stay stops civil lawsuits from progressing. Furthermore, the entity that emerges from bankruptcy is legally different from the entity that filed. Therefore, the new entity might not be liable for the old entity’s negligence.

Not everyone can reap these benefits. Courts have consistently held that honest, yet unfortunate debtors are entitled to bankruptcy relief. In the above story, the San Francisco Archdiocese is not honest, unfortunate, or a debtor.

Courts have also consistently ruled that bankruptcy is a shield, not a sword. The archbishop is worried about the 500 cases already filed and more worried about the thousands of cases yet to be filed. Bankruptcy is not a preemptive strike that denies victims a day in court.

Furthermore, the Archdiocese was negligent, not unfortunate. For decades, the Catholic Church had chance after chance to do the right thing and protect people from the sexual predators in its purview. But the Church passed at every opportunity. Now, lawyers must get involved to hold the Church responsible.

Finally, multiple sexual abuse judgments could easily cause significant financial distress for a public or private entity, no matter how large or small. However, that has not happened to the San Francisco Archdiocese, yet, and given California’s “civil compromise” approach to the statute of limitations, it might never happen. Bankruptcy helps entities with debt problems, not entities who might have such problems in the future.

Sexual Abuse Survivor Lawyers Ready to Help

Contact The Yost Legal Group today to talk to an experienced sexual abuse survivor attorney. There is no fee for consultations.

The Yost Legal Group is taking on Catholic churches and archdioceses around the state of Maryland who abetted, aided, harbored, and protected sexual abusers while ignoring and neglecting the survivors.

If you or a loved one is the survivor of sexual abuse as a minor, you may have a case under new Maryland laws and be entitled to significant compensation. Call today for a free consultation: 1-800-YOST-LAW (1-800-967-8529).

Prosecutors believe that the ten patients who have come forward so far might be just the tip of the iceberg in an extensive sex abuse operation at Montgomery County Hospital.

Montgomery County police arrested a doctor who works at Advanced Walk-in Urgent Care in Silver Spring on two counts of rape in February. “I want to thank the women that have already come forward for their courage,” Montgomery County State’s Attorney John McCarthy said. “It takes a lot of courage to come forward and to report these things.”

In court Thursday, prosecutors said Malik allegedly locked the exam room door, did not give women gowns to cover themselves, put them in positions where they were scared to protest, and groped them.

This doctor has had legal troubles before. In 2013, the Department of Justice sued him for healthcare fraud and ordered him to pay $17 million. Then in 2019, the Maryland State Board of Physicians suspended his medical license after he was convicted of failing to pay child support.

Furthermore, a Montgomery County family sued him in 2015 for medical malpractice. Marcelle Copaken says her son felt ill and went to see this doctor, who failed to diagnose him with diabetes and gave him a drug that made him sicker.

If you or a loved one was sexually abused by a doctor, nurse, or other hospital employee, you deserve the chance to seek justice. Contact our experienced sexual abuse survivor attorneys today for a free consultation.

Civil Court vs. Criminal Court

Before we break down the various sexual abuse allegations in this case, we should address the differences between civil and criminal courts.

The burden of proof might be the most obvious difference. Prosecutors must prove guilt beyond any reasonable doubt. So, unless a credible witness saw the sexual abuse, the state probably will not have enough evidence to obtain a conviction.

By credible, we mean highly credible. Any inconsistent testimony, such as a slightly different version of events than other witnesses or a slight variance between trial and deposition testimony, usually torpedoes witness credibility.

The burden of proof in a civil claim is only a preponderance of the evidence (more likely than not). So, the credibility standard is not as high. A survivor or other witness could still sway jurors even if their testimony is a little shaky.

Furthermore, circumstantial evidence is often effective in civil court. For example, if an abuser was employed at a church or school at a certain time and the survivor gives a semi-credible account of sexual abuse, that might be enough to obtain compensation.

This compensation includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Financial compensation is also at the heart of a civil action. A personal injury attorney files a civil action not to punish the tortfeasor (negligent actor) but to obtain compensation for the survivor. Criminal courts, on the other hand, do not compensate survivors at all, at least in most cases.

Betrayal of Trust Sexual Abuse

Most of the sex abuse cases our legal team handles are a betrayal of trust sex abuse cases, such as a doctor and patient or a teacher and student. These survivors are extremely reluctant to come forward. That’s the main reason Maryland lawmakers recently abolished the statute of limitations in most sex abuse civil cases.=

Many of these survivors do not remember exactly what happened. Medical patients are often under anesthesia. Furthermore, the brain usually blocks traumatic memories. Since their recollection is fuzzy, they remain in the shadows.

But remember that the burden of proof in a civil case is only a preponderance of the evidence. Therefore, even if the survivor cannot put all the pieces of the puzzle together, a personal injury attorney can usually obtain maximum compensation.

Additionally, many betrayal-of-trust victims think other people will not believe them. After all, in most cases, if it is a child’s word against an adult’s word, almost no one believes the child.

That belief might be true in ordinary circumstances. But a powerful advocate, like an experienced personal injury attorney, legitimizes the survivor’s claim. Jurors reason that if the layer believes the child, they should at least consider the child’s side of the story. These feelings are even stronger since the child had the courage to come forward and the initiative to partner with a lawyer.

Finally, many of these survivors, especially medical patients, fear retaliation. They are afraid the abuser might stop treating them or worse.

Once again, that belief might be true. Yet overall, fear should never be a key factor in a significant decision. That is a very bad way to go through life.

Types of Sexual Abuse

The three types of sexual abuse in the above story are also three of the most common kinds of sexual abuse in Maryland.

• False Imprisonment: Locking someone in a room is only the worst form of false imprisonment. Blocking someone’s pathway, like standing in a door frame, is also a form of false imprisonment. Much more indirect actions, like taking someone’s car keys or phone, could also be considered false imprisonment.
• Forced Exposure: This tort is basically like indecent exposure and forced witnessing of pornography or live sexual acts. In all these cases, abusers use survivors for sexual gratification, and the survivors have no choice in the matter.
• Unwanted Touching: Essentially, common-law battery is a harmful or offensive touch. Most battery cases focus on the “harmful” element, which is usually physical harm. Unconsented sexual touching may not be physically harmful, but it is emotionally harmful. It is also definitely offensive.

Other kinds of sexual abuse not yet mentioned but still common in Maryland include verbal abuse and quid pro quo (this-for-that) workplace sexual harassment.

Prior Bad Acts in Sex Abuse Cases

Rule of Evidence 404 strictly limits the use of prior bad acts, like failing to pay child support and a medical malpractice suit, in a sex abuse or any other court case. 

The law is quite clear that jurors must decide if the defendant committed a crime or tort, not if the defendant is a bad person. Therefore, character evidence is usually inadmissible, at least at the trial phase. However, an experienced personal injury lawyer knows how to use the back door.

Under this rule, prior bad acts are admissible to prove “motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.” Then, if jurors happen to conclude that the defendant is a bad person, they may do so.

Prior legal actions are usually admissible to prove one or more of the aforementioned items. For example, a personal injury lawyer could use the child support action to prove that this defendant is the correct defendant. The prior malpractice suit could be admissible for the same reason.

In terms of character, many people may overlook a medical malpractice lawsuit as a one-off “accident.” However, most people hate “deadbeat dads.”

Incidentally, character evidence, both positive and negative, is usually admissible at the sentencing or damages portion of a criminal or civil trial.

Speak with a Compassionate Sexual Abuse Survivor Lawyer

Survivors of sexual abuse deserve to be heard. They deserve to have their stories told and believed should they be ready to talk. They are also entitled to significant compensation. For a free consultation with an experienced sexual abuse survivor lawyer, contact The Yost Legal Group: 1-800-967-8529. Attorneys can connect survivors with doctors and therapists, even if they have no insurance or money.

Many people say things anonymously online they would never say to someone else in person. For the most part, the law protects this kind of “speech.” Generally, the First Amendment guarantees free speech unless that speech hurts someone else. This freedom, along with the fact that online posters and chatters are anonymous, makes online sexual predator cases very complex.

Criminal prosecutors often do not vigorously pursue online-predator cases because the investigations are so time-consuming, and the possibilities of a conviction are relatively low. The burden of proof in criminal court is beyond any reasonable doubt.

However, an experienced and diligent sexual abuse survivor lawyer can step in to protect the survivor’s rights. The burden of proof in civil court is only a preponderance of the evidence or more likely than not. The lower burden of proof makes it easier to obtain compensation and justice in civil court.

If you or a loved one was sexually abused by an online predator as a minor, you are entitled to compensation and justice if you are ready to come forward. Call the compassionate sexual abuse survivor lawyers at The Yost Legal Group today for a free and confidential consultation: 1-800-YOST-LAW. 

Libelous Statements/Posts

Inflammatory statements about a person’s sexual past or preferences may be the most common libelous online posts. In fact, earlier this week, we published a blog post about how courts recently redefined online sexual abuse and harassment by expanding the qualifications.

Then there is the so-called “revenge porn,” which is usually posting explicit photos of another person without that person’s consent, which comes in as a close second for common types of libelous online content.

Though technology exists to unveil online certain aspects of online anonymity (e.g., investigators can trace IP addresses and identify the device that the predator used to post), in criminal court, the originating device alone might not be sufficient evidence. That is especially true if the device was not password protected and several individuals had access to it.

Things are different in civil court. If a sexual abuse survivor lawyer traces a post or picture to a device belonging to someone in John Doe’s home or office, it is more likely than not that that person hit “send,” even if he was not the primary user.

Criminal prosecutors usually are not interested in such cases unless several people got hurt, the poster made widespread threats, or there was further evidence to identify the abuser. But a sexual abuse survivor attorney works for compensation and justice for the abused individual, whether the case is large or small.

Dangerous Statements

Assume John Doe posted comments threatening to physically harm Sara if she dated another man. Usually, in criminal court, Richard must commit an overtly physical act, like intercepting Sara on her way home, for charges to hold up in court. But in civil court, a sexual abuse survivor lawyer could use the intentional infliction of emotional distress doctrine to obtain compensation based solely on Richard’s posts.

Compensation is available if an attorney connects John Doe to the threatening post. Also, as mentioned, that is easier to do in civil court than in criminal court.

However, most online predator civil cases settle out of court. These settlements avoid emotional confrontations, which in many cases, is exactly what the online predator wanted. These resolutions also give survivors more control over the outcome. Many survivors need to feel empowered as opposed to victimized.

Compensation and Justice for Sexual Abuse Survivors

A survivor of sexual abuse and harassment is never at fault. If you or a loved one is a survivor of online sexual abuse and harassment, your opportunity for justice is just a phone call away. The compassionate and experienced sexual abuse survivor attorneys at The Yost Legal Group are ready to listen and ready to fight for you. If you are ready to talk, we are ready to help. Call today: 1-800-967-8529.

The director of the Catholic Church-affiliated Maryland State Boychoir, a redacted name from the sweeping Attorney General sex abuse report, has resigned. His name has since been revealed by The Baltimore Sun. Frank T. Cimino, Jr. was the minister of music at St. Thomas More Catholic Church when he allegedly sexually abused a choirboy in the 1970s. He was fired from the position in 1987 amid the allegations and went on to found the Maryland Boychoir that very same year.

The Boychoir was based at St. Matthew United Church of Christ in northeast Baltimore and has been named an official goodwill ambassador of the state of Maryland, performing at the White House, the Vatican, and other prominent locations.

If you or a loved one was sexually abused as a minor by a member of the Catholic Church, you are not alone. You are not at fault. When you are ready to talk, the compassionate child sexual abuse survivor lawyers at The Yost Legal Group are here to help: 1-800-YOST-LAW.

Effects of Childhood Sexual Abuse

Sexual abuse has immediate and long-term consequences for childhood survivors. Sex abuse is any unconsented physical or non-physical contact calculated, at least in part, to gratify the abuser’s sexual urges. Children cannot consent to such conduct as a matter of law.

Immediately or shortly after sexual abuse, especially in an institutional setting, survivors often show symptoms like:

• Nightmares and or other sleeping difficulties
• Withdrawn behavior
• Angry outbursts
• Anxiety
• Depression

Some survivors show these symptoms, while others show none. An ounce of prevention could be worth a pound of cure. Teach children about body safety and healthy body boundaries. Also, encourage open communication about sexual matters that the child, or the caregiver, might consider embarrassing.

This cure often involves extensive therapy. A compassionate and experienced Baltimore City childhood sexual abuse survivor lawyer can help survivors obtain the compensation and resources they need to fight their trauma.

These effects are age specific. For example, a young child may act out by running away from a “bad man” repeatedly. The play may or may not be specific to the sexual abuse. Additional signs of stress, an increase in oppositional or withdrawn behavior, tantrums, or nightmares, are red flags as well.

Other young children engage in age-inappropriate sexual behavior, such as trying to engage another child in oral-genital contact or simulated intercourse. These survivors also often say their bodies are “hurt” or “dirty.”

As children grow into adolescence and develop more autonomy, the difficulties they can get into may be more serious. Teenagers might be more likely to abuse substances or engage in high-risk behaviors, including indiscriminate sexual behavior.

A teenager avoiding traumatic reminders may withdraw socially. Cutting, self-harm, and suicidal behaviors are also more common among adolescents.

Childhood sexual abuse also affects adult personal and professional relationships. These survivors do not know why they have a hard time functioning at work or home. Not knowing exacerbates the problem.

Frank T. Cimino, Jr., Sexual Abusers, and the Law

Frank T. Cimino, Jr. was just one of 156 named sexual abusers in the Maryland attorney general’s report. Cimino sexually abuse a choirboy in the 1970s. Why did he see no consequences until he was fired in 1987? Why was he able to get a new job working with children? Why was there no follow up by the police?

Too often, the Catholic Church and churches of all Christian denominations hide the abhorrent behavior of their ministers and priests. They are supposed to be trustworthy authority figures.

We have also seen area police allow various churches to handle these criminal matters on their own, which usually just means a “shuffling of the deck” of priests from one church or parish to another. This is not justice.

An experienced childhood sexual abuse lawyer typically uses one of two legal doctrines—negligent hiring and negligent supervision—to obtain compensation in these cases.

Usually, negligent hiring is hiring a person and not asking the right questions or performing the appropriate background checks. Dropping the matter prematurely could also be negligent. For example, if John Doe’s former boss says some “personal issues” led to his resignation, John Doe’s possible future boss should ask the former boss to be specific.

Negligent supervision is generally ignoring a problem or sweeping it under the rug. The Maryland Catholic Church, along with other organizations inside and outside the state, negligently supervised its employees for decades. These organizations had a chance to do the right thing. Since they did not do so, damages in these cases are often substantial.

Survivors Are Entitled to Significant Compensation

If you or a loved one is a childhood sexual abuse survivor ready to seek the justice you deserve, The Yost Legal Group is here to help. All of our consultations are confidential. All of our consultations are free. You are not alone. This was not your fault. If you are ready to talk, we are ready to listen. Call our compassionate childhood sexual abuse survivors today: 1-800-967-8529.

The Maryland Court of Appeals affirmed a lower court’s decision that a father’s religious-based homosexuality and transgender comments constituted sexual abuse. This ruling buries the age-old “sticks and stones” proverb. It also opens the door for further sex abuse claims, especially since the legislature abolished the statute of limitations in these claims.

Facts

About three years ago, S. (as the child was identified in court documents) told his mother that he believed he was transgender. Mother denied steering S. toward identifying as transgender, but she did actively support S. by arranging for therapy and attending meetings of Parents, Families, and Friends of Lesbians and Gays (“PFLAG”).

When S. told Father that he identified as transgender, Father “opposed” his decision and refused to call him by his preferred name. S. subsequently engaged in the self-harming behavior of “cutting.”

Mother testified that S. is “scared” to be around his father, who is staunchly Christian and anti-LGBTQ+, because “he doesn’t feel support” and “doesn’t feel that S. can be himself.”

The couple’s younger child, N., allegedly had a similar experience. Mother was asked about her observations of N. when she drove him home from Father’s house. She testified that N. “seemed a little down and out, and was a little shaken up, and you know, I just asked if he was okay, and he said … ‘I am now.'” She testified that N. told her that when he told his father he was gay, his father said, “No, you’re not, but I love you anyway.”

Father testified that since 2019, he has not seen and does not have a relationship with S. He claims the lack of a relationship has “’nothing to do with h[im] wanting to be called S[.]’ or because he identifies as transgender but because Mother ‘encourages [father’s] isolation, alienation, and compartmentalization.’”

He added that “most” of the texts that he has sent to S. over the last couple of years relate to S. identifying as transgender and that his texts, which “’reflect[] the truth[,]’ are sent to present S. with an opposing view of the transgender community.”

Survivors of sexual abuse are entitled to significant compensation under the new laws passed by Maryland’s legislature and governor. If you or a loved one is a sexual abuse survivor, call our compassionate attorneys today: 1-800-YOST-LAW

Decision

Upon the recommendation of the lawyers in the case, the court granted the protective order petition as to N., but denied the petition as to Mother and S. 

By a preponderance of the evidence, the court found that Father “has repeatedly communicated in person and through text messages homophobic comments and religious beliefs, causing mental injury to N[.] N[.] communicated to the court that he is fearful of his father because of his father’s anger and aggressiveness in the past and his reaction to him coming out as gay.” 

In ruling in N.’s favor, the father must adhere to the following:

1. He shall not abuse or threaten to abuse N.
2. He shall not enter N.’s residence.
3. He may continue to have visitation as set forth in the previous order, but visitation with Father “can only occur if N[.] is comfortable doing so”
4. He may call or text N. “but may not use that communication to abuse N[.] regarding sexual orientation and/or religion.”

Compassionate Sexual Abuse Survivor Attorneys on Call

This ruling is a groundbreaking one in favor of sexual abuse and harassment survivors everywhere. We here at The Yost Legal Group are here to listen and here to help if you are ready to talk.

If you or a loved one has survived sexual abuse, contact our experienced sexual abuse survivor lawyers today. You are not at fault, and you are not alone. When you are ready, call The Yost Legal Group: 1-800-967-8529.

Negligence or a lack of care is the most common personal injury claim (tort). Examples include car crashes and slip-and-falls. Sexual abuse claims are intentional torts. There is a difference between intentional and negligence. In one famous case, a court ruled that a boy who pulled a chair from underneath an elderly woman, causing her to fall, was liable for an intentional tort, even though he did not intend to hurt her.

An experienced sexual abuse survivor lawyer can often obtain more compensation in an intentional tort claim than in a negligence claim. Frequently, the injuries in an intentional tort claim, especially a sexual abuse claim, are more severe.

Additionally, the wrongful actor in an intentional tort claim deliberately ignored the safety of other people and selfishly pursued a course of action that resulted in serious injury.

Sexual Harassment

Workplace sexual harassment is the most common form of sexual harassment. However, it could occur almost anywhere, most notably in schools. Sexual harassment is an umbrella term that includes several kinds of intentional torts, such as:

• Hostile Environment: If a boss knowingly tolerates a sexually charged environment, such as pictures of nude women on computer wallpaper, that makes a reasonable person unable to do their job, that boss creates a hostile environment.
• Quid Pro Quo: On TV shows, it might be portrayed as romantic when a shy boss offers to discuss a promotion over dinner with a pretty intern. In the real world, that action is quid pro quo sexual harassment. Bosses cannot tie favorable treatment to sexual favors in any way, shape, or form.
• Retaliation: This sexual harassment tort does not require proof of sexual harassment, which is probably why it’s the leading Equal Employment Opportunity Commission sexual harassment charge. It is illegal to take adverse action against a person who reports sexual harassment, encourages someone else to report such behavior, or serves as a witness in an investigation.

Employers may also be responsible for third-party sexual harassment (e.g., a customer sexually harassing a waitress) if the employer knew about it, had the power to do something about it, and did not act.

If you or a loved one is a sexual abuse survivor, our compassionate attorneys at The Yost Legal Group are here to offer free, confidential consultations. If you are ready to talk, we are ready to listen: 1-800-YOST-LAW.

Sexual Abuse

Sexual abuse is unconsented genital touching, regardless of whether the survivor was clothed. Usually, consent is a voluntary, affirmative agreement to a particular act. Prior sexual touching is not consent to current touching. 

In civil court, a sex abuse lawyer must prove abuse, and all other intentional torts, by a preponderance of the evidence (more likely than not).

Battery

Sometimes, sexual abuse involves non-sexual touching. For example, Bill might push Linda against a wall with the intent to sexually touch her, but change his mind at the last minute and release Linda. Bill did not commit a sexual abuse tort, but he did commit battery, which in most states is a harmful or offensive touch.

Sexual Battery

Laws vary in different states. Usually, sexual battery is the unconsented penetration of any organ (buttocks, vagina, etc.) with any part of the body (tongue, finger, etc.). Because of the physical, mental, and emotional damage it inflicts, an experienced sexual abuse lawyer can usually obtain more compensation in a sexual battery case than in any other sexual abuse tort case.

Experienced Lawyers Here to Help Sexual Abuse Survivors

The Yost Legal Group’s compassionate sexual abuse survivor attorneys are working diligently to get people the justice and compensation they deserve. If you or a loved one is a survivor of sexual abuse and ready to talk, we offer free and confidential consultations to all. Our experienced sexual abuse survivor lawyers are ready to help: 1-800-967-8529.

A recent investigation shed light on the tendency of schools to quietly allow teachers accused of sexual abuse to transfer to other schools. Unsurprisingly, those teachers accused of sexual misconduct often repeat the same bad behavior at their new schools. This practice is repeated in schools across the United States, risking harm to millions of children, according to experts and federal officials.

On average, one offender passes through three different school districts before being stopped. In the process, they can abuse as many as 73 children, according to a 2010 report from the U.S. Government Accountability Office.

“This is a phenomenon of child abuse that we allow to happen under our noses,” said Catherine Lhamon, assistant secretary for civil rights at the federal Department of Education. “It’s something that we’ve known conclusively for decades, but we have insufficient collective will as a country to stop it.”

Failing to report reasonable suspicion of sexual abuse is a crime, yet federal officials and experts believe school administrators often do not contact authorities for fear of damaging the reputation of a teacher or the school.

If you or a loved one was sexually abused in school by a faculty or staff member, The Yost Legal Group is here to help (1-800-YOST-LAW). If you are ready to talk, our compassionate sexual abuse survivor attorneys are ready to help.

Sexual Abuse at Schools

Generally, a teacher or staffer is directly responsible for sexual violence directed toward a student. The violence could be physical (any form of non-consensual or unwanted touching) or non-physical (making sexual comments in front of children or showing children sexually explicit material). 

Other times, schools tolerate peer-on-peer sexual bullying and harassment. Frequently, the school mildly disciplines the responsible students, but does nothing to ensure the other student’s safety moving forward.

Regardless of the abuser’s identity, such behavior has long-lasting and usually permanent ill effects on survivors. Some effects our compassionate sexual abuse survivor attorneys see most frequently include:

• Relationship Issues: Sexual abuse survivors usually have trust issues and have a hard time forging connections with other people. These issues affect their professional lives as well as their personal lives.
• Depression: Shutting down is a natural reaction to sexual abuse. These shutdowns often begin downward spirals. Kids don’t feel like going to school, especially if they must be around their abusers. The isolation worsens their depression, and the downward spiral continues.
• Post-Traumatic Stress Disorder: PTSD is especially common among physical abuse survivors and among students who witnessed such conduct. Such extreme stress alters brain chemistry. This chemical imbalance causes symptoms like anxiety, hypervigilance, anger, and nightmares.

No one can change the past and prevent these incidents from happening. However, a Baltimore sexual abuse lawyer can do the next best thing, which is to obtain compensation that helps these victims move on with their lives.

Ignorance Is Not an Excuse for Negligence

By law, schools in the Maryland education system have a responsibility to keep students safe from faculty and staff and from other students as well. When a student is abused or sexually abused on school property or by school employees, schools and school districts could be financially responsible for such acts.

Screening potential employees is not as easy as it used to be since most people change jobs frequently. But difficulty is not an excuse for negligence. Schools still have a duty to properly screen workers, and they should not make excuses for their failure to do so.

And once the school has hired an individual, it then becomes the school’s responsibility to properly monitor its employees. Failure to properly investigate a misconduct charge or failure to respond to such charges based on the facts and nothing else are clear forms of negligence that will land a school and school district in scalding hot water.

You Are Not Alone | It Was Not Your Fault

If you or a loved one experienced sexual abuse in a Maryland school or by a Maryland school system employee, call The Yost Legal Group today (1-800-YOST-LAW). Our firm offers compassionate attorneys who are here to help. All consultations are free and confidential. Call today: 1-800-967-8529.

When Sister Francis Marie Yocum was a music teacher at The Catholic High School of Baltimore in the 1950s, she wrote the school song. But after her name appeared in the Attorney General’s sex abuse report, her name will no longer be on the school’s auditorium.

In 2012, a 75-year-old woman reported that Yocum sexually abused her in 1954. At the time, the survivor would have been about 16 or 17 years old, according to a recently released report on sexual abuse in the Archdiocese of Baltimore. “The sexual abuse took place during the course of a year when the victim would go to her music lessons,” the report stated. “The abuse included kissing and fondling of the victim’s breasts and genitals,” it added.

“The incontrovertible history uncovered by this investigation is one of pervasive, pernicious, and persistent abuse by priests,” said Maryland Attorney General Anthony Brown when the report was released. “It’s also a history of repeated cover-up of that abuse by the Catholic Church hierarchy.”

If you or a loved one was sexually abused in school by a faculty or staff member, The Yost Legal Group is here to help (1-800-YOST-LAW). If you are ready to talk, our compassionate sexual abuse survivor attorneys are ready to help.

Types of Sexual Abuse at Schools

The numbers are hard to pin down, but somewhere between 5% and 10% of students at primary and secondary schools experience some form of sexual violence.

Sometimes, a teacher or staffer instigates that violence. The violence could be physical, like rape and kissing, or non-physical, like making sexual comments in front of children or showing children sexually explicit material. Other times, a peer sexually harasses or bullies a classmate. This harassment and bullying often include physical or sexual misconduct.

Such abuse has long-lasting and usually permanent ill effects. Some effects our Baltimore sexual abuse lawyers see most frequently include:

• Relationship Issues: Sexual abuse survivors usually have trust issues and have a hard time forging connections with other people. These issues affect their professional lives as well as their personal lives.
• Depression: Shutting down is a natural reaction to sexual abuse. These shutdowns often begin downward spirals. Kids do not feel like going to school, especially if they must be around their abusers. The isolation worsens their depression, and the downward spiral continues.
• Post-Traumatic Stress Disorder: PTSD is especially common among physical abuse survivors and among students who witnessed such conduct. Such extreme stress alters brain chemistry. This chemical imbalance causes symptoms like anxiety, hypervigilance, anger, and nightmares.

Unfortunately, no one can change the past and prevent these incidents from happening. It was not your fault. It never will be your fault.

That is why we are here. When people are ready to talk, we are ready to help. We cannot change the past, but we can help you get justice in the form of monetary compensation as well as the public naming of abusers and institutions that harbored them.

Negligent Hiring Practices in Maryland Schools

Under Maryland law, schools have a responsibility to keep students safe from both adult-on-student and peer-on-peer abuse. Assault and other similar injuries are intentional torts. Schools and school districts could be financially responsible for such acts.

Furthermore, negligent hiring is knowingly hiring an incompetent person to do a job. Turning a blind eye and not asking the right questions is the equivalent of knowingly hiring an individual in this context. 

Screening potential employees is not as easy as it used to be since most people change jobs frequently. Nevertheless, schools have a duty to properly screen workers, and they cannot make excuses for their failure to do so.

Negligent supervision is a failure to properly watch employees. Specifically, the issue could be a failure to keep tabs on employees: failure to properly investigate a misconduct charge or a failure to respond to such charges based on the facts and nothing else.

Furthermore, students are invitees under Maryland’s premises liability law. Therefore, schools have a duty to provide safe environments for their students. If schools knew or should have known about sexual harassment or another injury hazard, they must promptly remove that hazard.

If You Are Ready to Talk, We Are Here to Help

If you or a loved one experienced sexual assault or abuse in school or by a school system employee, you or they are entitled to significant compensation. For a free and confidential consultation with a compassionate sexual abuse lawyer in Baltimore, contact The Yost Legal Group today: 1-800-967-8529.