Recent Brian Kent information....
- Thread starter Lee #28
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Type4_PTS
Well-known member
Why do you believe that no one knew about this? Has anyone come out and said they would have filed a lawsuit had they known about this?
Not every sexual abuse victim files a lawsuit just because they can. Only a minority ever even make a police report. And that's just amongst the general population. There are additional reasons people have for being reluctant to sue Scientologists.
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Lee #28
Well-known member
True….
I don’t really know much about all this.
At a fairly recent protest at Flag, a long scroll was created with about 180 names of …. I gues…. sexual abused children and or young people …. all Scientologists…
I didn’t really follow that…or know who was included on the scroll…
But I would think out of 180 or so kids that some would have an actionable case?
At least more than just one legal case.
I don’t really know much about all this.
At a fairly recent protest at Flag, a long scroll was created with about 180 names of …. I gues…. sexual abused children and or young people …. all Scientologists…
I didn’t really follow that…or know who was included on the scroll…
But I would think out of 180 or so kids that some would have an actionable case?
At least more than just one legal case.
Karakorum
千差万別
I guess that would all depend on witness availability. I can come up with at least a few people who left and were kids in California in the late 80s andearly 90s and who could now try to sue.
Thing is, I'm afraid they would meet a chorus of still-in 'witnesses' who would all testify that nothing ever happened.
Also, a lot of people have moved on and don't want to have anything to do with scientology, least of all spend years with litigation. They feel it would be a waste of their time to do so, that they have a different life to live.
I'm not saying that is a constructive approach, but that is how many feel and I can understand the basis of their reasoning, without condoning the outcome.
Type4_PTS
Well-known member
I would agree that out of 180 some would have an actionable case. And I know for a fact that at least one still does, Miriam Francis. She has until her 40th birthday to file a civil lawsuit, and I hope she does!
As far as the other 179. some of the ones who were sexually assaulted when in California can also sue. Whether or not the window is still open or not for them to sue depends on several factors including their age when the incident happened, how long ago the incident happened, and the date they discovered they had a psychological injury (if they have one). This article in National Law Review goes into the specifics and is current as of March 2023. (I don't recall whether additional laws were passed since then).
California’s Expanded Statute of Limitations for Civil Claims for Sexual Assault
If you have experienced sexual assault in California, you might still be able to take legal action – even if the assault occurred years ago – thanks to the passage of a new law. On January 1, 2023, California expanded its statute of limitations for sexual assault claims, which permits survivors...
As an example of what's in there:
For sexual assaults that occurred between January 1, 2009, and January 1, 2019
On January 1, 2023, the Sexual Abuse and Cover-Up Accountability Act, otherwise known as California Assembly Bill 2777, went into effect. This law opens up a three-year “lookback window” permitting survivors to file civil claims for sexual assault beginning on January 1, 2023 and ending on December 31, 2026.
<snip>
For those sexually assaulted before January 1, 2009 and were children when it happened, this law (below) applies, and this is the one that applies to Miriam.
Childhood Sexual Assault: If the sexual assault occurred when the survivor was under 18 years old, California law permits a survivor to take legal action until the later of:
- The date the survivor turns 40 years old; or
- Within five years of discovering that “psychological injury or illness occurring after the age of majority was caused by the sexual assault.”
So, the window to sue is wide open for some of these 180. They've got to have evidence though to support their case. And they've got to be willing to engage in a battle with the CoS and its army of attorneys, PIs, and thugs. Not everyone who can sue and has evidence will have the willingness to do so. Litigation sucks! Even when it's not against the CoS.
If a large enough number of victims wanted to sue but the window closed on them it's possible California will open it back up for them. If those individuals get organized maybe they'd be able to file a class action suit against CoS? (IANAL, so don't know if this is feasible).
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