Do I have a valid case? Child abuse and discrimination.

[YumCoffee]

This is in Minnesota.

For 5 years (1994-1997), my sister and I were sexually abused by a male relative. We told our mother, who contacted the police. We then went to Social Services where a worker interviewed us and took our statement for an investigation.

The Social Workers for our area knew my mother, because my mother suffers from PTSD and our family has received assistance from them in the past.

They also knew that my mother was a lesbian.

After talking to the male relative, they closed the case and did nothing further. When my mother asked why, the Social Worker for our case said, "Your daughters weren't sexually abused,they are just confused about their orientation because of you. We also think you coached them, and didn't teach them about good touching and bad touching."

They (Social Services) then placed us in therapy to learn the difference between good touching and molestation, since our mother "didn't". After this, I was molested by another adult, and I went over 10 years without telling anyone because I figured if Social Services didn't believe me then, they wouldn't now.

My mother never filed a complaint because she feared retaliation and losing custody of me and my sister (lesbians had very weak custody rights back then). I'm 26 now, and I would like to file charges on my own behalf.

Now that I am an adult, can I bring out a lawsuit for discrimination or negligence? Or is it too late to do anything?

 

[CdwJava]

How old were you in 1997?

In general, the authorities have no duty to protect so suing them for failing to pursue a person that they did not believe they could successfully prosecute is not going to go anywhere. However, depending on your age and the specific nature of the alleged molestation you MIGHT be able to sue your abuser ... if you can somehow prove by a preponderance of the evidence that you were molested by the man.

 

[YumCoffee]

In 1997...I was 12. I am unable to sue either of my abusers because both of them are dead.

I thought that dismissing an abuse case on the basis of sexual orientation would be considered discrimination.

 

[Proserpina]

In 1997...I was 12. I am unable to sue either of my abusers because both of them are dead.

I thought that dismissing an abuse case on the basis of sexual orientation would be considered discrimination.

What proof do you have?

(There IS a reason why I'm asking this question)

 

[CdwJava]

In 1997...I was 12. I am unable to sue either of my abusers because both of them are dead.

I thought that dismissing an abuse case on the basis of sexual orientation would be considered discrimination.

It sounded to me that they did not prosecute because they believed your mom coached your testimony. If they truly wrote that the ONLY reason they did not pursue a criminal case was because of mom's homosexuality then maybe something could be done ... .maybe. But, I strongly suspect that any records of the time will reflect an inconclusive investigation with no articulable probable cause to show a crime occurred.

Even assuming that the MN statutes regarding the Statute of Limitations for sexual abuse might not begin until you are 18, the SOL would have expired about 2 years ago.

541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL PROVISIONS.
Subdivision 1. Definition. As used in this section, "sexual abuse" means conduct described
in sections 609.342 to 609.345.
Subd. 2. Limitations period. (a) An action for damages based on personal injury caused by
sexual abuse must be commenced within six years of the time the plaintiff knew or had reason to
know that the injury was caused by the sexual abuse.
(b) The plaintiff need not establish which act in a continuous series of sexual abuse acts
by the defendant caused the injury.
(c) The knowledge of a parent or guardian may not be imputed to a minor.
(d) This section does not affect the suspension of the statute of limitations during a period
of disability under section 541.15.
Subd. 3. Applicability. This section applies to an action for damages commenced against a
person who caused the plaintiff's personal injury either by (1) committing sexual abuse against the
plaintiff, or (2) negligently permitting sexual abuse against the plaintiff to occur.
History: 1989 c 190 s 2; 1991 c 232 s 1​

You are likely out of luck here even if you could prove that he state only failed to act as a result of mom's sexual orientation.

You can always consult an attorney to see if there is any realistic possibility of a suit, but I suspect that there is none.

Why the sudden interest? Why not earlier?

 

[YumCoffee]

Proof they dismissed it over my mother's sexual orientation?

They told her personally that my sister and I weren't abused...but instead we were confused about our sexual orientation because of her, and they knew she was a lesbian.

I am currently in contact with the social services department to get a copy of the case file to see what all was done (or not done) concerning my case. And to see if anything about my mother's sexuality was written in the file, being that sexual orientation of a victim's parent shouldn't be considered evidence.

 

[Proserpina]

Proof they dismissed it over my mother's sexual orientation?

They told her personally that my sister and I weren't abused...but instead we were confused about our sexual orientation because of her, and they knew she was a lesbian.

I am currently in contact with the social services department to get a copy of the case file to see what all was done (or not done) concerning my case. And to see if anything about my mother's sexuality was written in the file, being that sexual orientation of a victim's parent shouldn't be considered evidence.

So as of right now, there is no proof whatsoever.

(Your Mom telling you that's what they said does not constitute proof)

Please read Cdw's post.


Edited to add: Don't be surprised if social services won't release ANYTHING to you.

 

[YumCoffee]

I never bothered with it before because for a period of time in my late teens and early 20s I was a drug addict and alcoholic. I wasn't in the shape to do anything about what happened. I couldn't go a day without a drink or a fix, there was no way I could go up against N. County Social Services.

My past addictions isn't something I'm proud of, actually very few people know about it. Some members of my family don't know about it.

After cleaning up (5 years sober), having a family, and joining the Army I felt like it was something I could take on.

 

[Proserpina]

You have at least 4 problems here.

1. Your alleged abusers are dead.

2. There is no proof of abuse.

3. No proof that Mom's orientation was a factor.

4. Statute of limitations issues.


Once again, don't be surprised if social services refuse to entertain your request for information.

 

[OHRoadwarrior]

Now that you are not a drug addict and alcoholic, you need money, so are seeking out any remote chance for frivolous lawsuits? Lets see, the people that supposedly did this are dead. It sounds like you want to try and dig up allegations that will make CSB look bad and hope they give you money out of court to keep silent, even if they did nothing wrong.

 

[CdwJava]

Proof they dismissed it over my mother's sexual orientation?

They told her personally that my sister and I weren't abused...but instead we were confused about our sexual orientation because of her, and they knew she was a lesbian.

I am currently in contact with the social services department to get a copy of the case file to see what all was done (or not done) concerning my case. And to see if anything about my mother's sexuality was written in the file, being that sexual orientation of a victim's parent shouldn't be considered evidence.

A mention of her orientation is not proof that the ONLY reason the matter was dropped was because of it.

And since child services does not initiate prosecutions, they could only have removed you from the home. It is the police who investigate crimes and seek prosecution from the DA. Since the police apparently were unable to find sufficient cause to pursue the matter why would you think that child services would?

Then there is the issue of there being no affirmative duty to protect you.

As pointed out, your abusers are deceased, you lack proof, the statute of limitations appears to have expired, and neither the police nor child services were apparently able to substantiate sufficient proof of abuse to act.

You might be better served seeking counseling at this point.

 

[YumCoffee]

What if my Mother, and numerous family members are able to testify that my mother was singled out and treated unfairly PRIOR to the sexual abuse allegations? Which could then show that they have bias?

Like I said, my mother has PTSD and we received services from Social Services to make sure she was good on her meds, needed assistance, etc.

After they found out my mother was a lesbian, instead of having one (female) Social Worker visit my mom they had another female Social Worker visit at the same time. She would have 2 social workers visit her.

The would show up unannounced and actually walk into our house without knocking.

They would make demands and requests that were unnecessary (example: they wanted to see my mother's checking account, and bank statements to see what she was spending money on).

They would call up family members (such as my aunt) and tell them things like: my mother "attacked a police officer with a butcher knife".

They said if my mother ever missed a meeting with them, they would take me and my sister away from her and put her in in mental hospital.

This was all in the months before and after the child abuse investigation which went nowhere. And there was a cop there during the investigation.

I don't want money. My husband and I are in the Army, we get a steady guaranteed paycheck, healthcare, and education. I just want them held responsible, if it's even possible.

 

[Zigner]

Assuming all you say is true...IF there were any case to be made (and I'm not saying there is), then it's your mom's case to pursue, not yours.

 

[CdwJava]

What if my Mother, and numerous family members are able to testify that my mother was singled out and treated unfairly PRIOR to the sexual abuse allegations? Which could then show that they have bias?

Hardly conclusive. And, again, the process does not have to be FAIR, it just as to be adhered to. You would have to show that had it not been for her sexual orientation that the agency COULD have and WOULD have acted.

Do you have proof in their records to say that there was clear evidence of abuse but they decided not to act SOLELY because of mom's sexual orientation?

The fact that mom was gay does not mean they neglected to remove you from the home or otherwise take you into protective custody because of it. Yes, her orientation may have been an issue. Yes, it may have been a bias of a social worker. But, if there was not any substantial evidence of proof that would otherwise compel them to act that worker's opinion would be largely irrelevant.

The would show up unannounced and actually walk into our house without knocking.

That was an issue for mom to have addressed way back when it was happening.

They would make demands and requests that were unnecessary (example: they wanted to see my mother's checking account, and bank statements to see what she was spending money on).

A reasonable part of an investigation to help determine suitability and need - especially if she was receiving aid of any kind.

They would call up family members (such as my aunt) and tell them things like: my mother "attacked a police officer with a butcher knife".

Did she? Was she accused of anything of the sort? Did you actually overhear these conversations by a social worker to a relative?

Even if they did make up such lies, the SOL has passed to act on them.

They said if my mother ever missed a meeting with them, they would take me and my sister away from her and put her in in mental hospital.

It's not that easy. But, same answer as above.

This was all in the months before and after the child abuse investigation which went nowhere. And there was a cop there during the investigation.

Then, clearly, there was no probable cause to believe that a crime had occurred so no prosecution could be made. Yes, CPS could still have acted for the safety of the children, but if there was no discernible proof of abuse or neglect they cannot (or should not) easily remove a child from a parent's care. And, even if they were negligent, the SOL has passed.

I don't want money. My husband and I are in the Army, we get a steady guaranteed paycheck, healthcare, and education. I just want them held responsible, if it's even possible.

It does not appear to be possible. And, if it were, the cost to sue them would be many thousands of dollars without any guarantee of recovering an award of any amount.

Plus, many of these issues were your mom's to address and not yours. And, if your mom permitted you to remain in a situation where you were being abused then that would be a cause of action against mom, not the state as they did not have an affirmative duty to protect you. With your mom gone, one very important witness to any of this (f the SOL had not expired) is gone and so is most of the ammunition you might otherwise have.