New law will help to protect victims of child sex abuse

Senate Bill 755 is a new law that provides protections for children who have been sexually abused and seek recovery through the civil courts.

The bill, signed by Gov. Jerry Brown on July 24, will, in any civil action involving a child under 15 years of age and an allegation of sexual abuse, generally limit a defense mental examination of that child to no more than three hours, inclusive of breaks, unless the court grants an extension for good cause. The bill also requires that a licensed physician or clinical psychologist with expertise in child abuse and trauma must conduct the examination.

SB 755 will help children who have already gone through the trauma of sexual abuse avoid further emotional injury by reducing the chances that the child will be subjected to additional, unnecessary emotional and psychological distress.

Although the prevalence of child sexual abuse is difficult to determine because it often goes unreported, experts agree that the incidence is far greater than is reported and acted on by law enforcement authorities. According to a 2003 National Institute of Justice report, three out of four adolescents who have been sexually assaulted were victimized by someone they knew well. A child who is the victim of prolonged sexual abuse usually develops low self-esteem, a feeling of worthlessness and an abnormal or distorted view of sex. The child may become withdrawn and mistrustful of adults, and can become suicidal.

Unfortunately, civil suits are often the only way that the victim and family can seek justice and the compensation needed to offset the costs of psychological and physical treatment caused by abuse. Attorneys who represent children in this area of the law, however, reported a disturbing practice by some defense attorneys: Unnecessarily long and abusive psychological exams of the children by the defendant’s paid mental health examiners.

Under existing law, Code of Civil Procedure Section 2032.220(a) allows each defendant to a lawsuit to demand one independent medical exam as a matter of right. Additionally, under CCP 2032.310, if any party desires to obtain discovery by a mental examination, the party shall obtain leave of court. A motion for an exam shall specify the time, place, manner, conditions, scope and nature of the examination, as well as the identity and specialty, if any, of the person who will perform the exam.

But those existing codes outline no restrictions or guidelines on these “psych exams” of vulnerable children. Neither a parent nor a guardian is allowed in the room during an exam. Oftentimes, a child is not even allowed to take a bathroom break, and there are no qualifications for the examiners under the law.

SB 755 will address two key flashpoints in the examination process. First, by limiting the time allowed for an assessment that potentially can turn traumatic for a child who already has been victimized by an adult. Second, by ensuring that those who conduct the exams are qualified with expertise in childhood abuse and trauma.

According to the Children’s Legal Rights Journal, fewer interviews are better for both the child and the integrity of the interview. “Repeating traumatizing events, multiple times, over a series of months, constantly reminds children of their victimization and increases the chances of long-term emotional trauma, self-blame, and feelings of guilt, particularly when they fear angering a family member who is their abuser or is close to their abuser.” Additionally, the journal notes, children who are asked the same questions multiple times are more likely to change their responses in an attempt to please the adult interviewer, which can result in inaccurate information being given during several interviews and the reinforcement of false memories.

Like all good laws, SB 755 makes accommodations for exceptional cases. It allows the court to grant an extension of time for good cause. That brings it in line with the state’s current deposition rules, which spell out limits but allow a judge to order additional time if it is necessary.

The new provisions of SB 755 will take effect on Jan. 1, 2018.