An Antidote for Injustice: A New Paradigm for Winning "Old" Sexual Abuse Cases Against Complicit Private Schools

ISBN-13: 9780615851396 / Angielski / Miękka / 2013 / 194 str.

Kevin Thomas Mulhearn

Opis

State and federal courts in New York State have long been hostile to "old" sex abuse cases brought by adults who were sexually assaulted as school children years, if not decades, ago, by their teachers, coaches, or administrators. The overwhelming but wrong-headed consensus in the legal community is that these victims are unable to obtain justice, even after the veil of secrecy and deceit is lifted, because of the draconian statutes of limitation in place. Kevin Thomas Mulhearn, a leading attorney in this area, shatters the conventional wisdom in this systematic and detailed legal analysis which demonstrates that: - A school and its culpable officials should be held accountable for misrepresentations to students (and their parents) about the safety of the school and the trustworthiness of the faculty. - Fraud and accrual elements and principles, both of which have been grossly under-utilized and misinterpreted, are the linchpins in the road to justice. - As the acts and practices of a school are consumer-oriented if they were part and parcel of a school's efforts to sell its services to prospective students, several New York consumer protection laws may be used by survivors to obtain justice. - Title IX, a federal statute which prohibits discrimination on the basis of sex (including through sexual harassment and/or assaults), may be triggered if a school which receives federal financial assistance covers up for its known sexual predator employee(s). Kevin Mulhearn challenges the reader to rethink his or her assumptions about the governing law in school sex abuse cover-up cases. He argues that well-settled legal rules and principles lead to but one reasonable conclusion: a school and its officials which cover up for the sexual assaults of the children in their care, by protecting a known sexual predator and thus allowing more children to be abused, should face legal accountability regardless of how long after-the-fact the school's deceit is exposed to the public.