Hesperia Foster Dad and Pastor Arrested for Sexually Abusing 2 Girls

We are inundated with stories of religious leaders in the news for a variety of crimes, including the sexual exploitation of children. Along with criminal prosecution (or perhaps in place of), you may have noticed that most of the victims file lawsuits for monetary damages against a church or religious group.

As someone that was sexually abused by a pastor, rabbi, priest, etc., the right to sue the religious organization is based on the concept of vicarious liability. This is a legal principle where a supervisory party is liable for the actions of a subordinate when it causes harm to someone else. For example, a restaurant chain may be sued if a customer is burned from a waitress spilling coffee on their arm. You can apply the same principle to a church and the pastor that serves as a leader to the congregation.

Those who are religious take pride in being part of a close-knit community, where everyone looks out for each other. But there are many accounts of emotional, physical, and sexual abuse that’s never discussed until someone is brave enough to go to the police. And even then, there is a tendency to shame the victim, ostracize them and their family, and protect the abusive individual or quietly transfer them to another location. In short, the victim is left with feelings of guilt, anger, and shame, while the sexual predator goes on to abuse other innocent children year after year.

Negligence by church officials in the face of sexual abuse allegations is unacceptable, and a form of betrayal that no child should have to experience. Sadly, we have talked to many survivors of childhood sexual abuse over the years who are still struggling with their faith and various mental health issues ranging from drug abuse to suicidal thoughts.

Help is out there to help you move forward with your life, including legal advice on suing a church for sexual abuse by one of its members. If you or someone you know was abused in a sexual manner by Jose Manuel Lozano or any other religions leader, contact us today for a free, private consultation.

In the case of the two girls who were sexually abused by Lozano, the foster care system is another entity that may be to blame. As we mentioned before, we don’t know if these children came into contact with Lozano by being placed in his home or through another circumstance. But we have to consider that possibility, since Lozano is a licensed foster parent.

Frankly, it would not surprise us at all if these innocent girls were failed by the California Department of Social Services and the agency that placed them with Lozano. “Broken” is a term that’s often used to describe the foster care system, and we would have to agree based on the level of neglect and abuse that these children are subjected to. Sexual assault is especially common in both private foster homes and residential group home settings.

In many of these cases, we find that incidents of abuse could have been prevented if there were adequate screening procedures and supervision after the children were placed. Supervision includes visiting the home on a regular basis and talking to the child to ensure that there are no signs of abuse or neglect. But it’s not unusual for social workers to produce paperwork as if they made the visit, when in reality, they haven’t seen the child in several months.

In all fairness, we recognize that social workers are left to juggle far too many cases, and they are encouraged by administrators to make up visits and other associated paperwork, so it appears as if the child is being supervised. And we don’t have an answer as to how to fix these issues, but we do know that foster care children are entitled to a certain level of care under California law. When the foster care system is negligent in their duty of care to these children, they must be held responsible for the harm they caused.

If you were sexually abused by a foster parent, please take the time to speak with one of our attorneys. Even if the incident took place many years ago, you may still be eligible to sue the State of California and other entities for monetary damages, like emotional distress, pain and suffering, and medical expenses.

Settlements on behalf of child sexual assault and abuse victims may be anywhere from $450,000 to $10,000,000 and above. Overall, you can expect to see higher payments if the case involves sexual assault, i.e., any type of physical contact between the minor and adult for the purpose of sexual gratification. These lawsuits typically result in payments between $1,500,000 and $5,000,000 based on the victim’s injuries, the acts of sexual assault, and negligence by the people that were charge of the victim’s safety and well-being.

But even cases that are based on sexual exploitation can have multi-million-dollar values. Sexual grooming, sexting, soliciting a minor for nude photos, are just some of the ways that a minor can be abused without physical contact. If the abuse occurred over a number of months or years due to social workers not checking up on the child or failing to recognize signs of child abuse, case values may be enhanced due to an extreme degree of negligence.

As you can see, there are many issues that can affect the amount you will receive as a victim of sexual abuse. This is why we must speak with each and every client and learn many details about their experience before we can figure out the value of their lawsuit.

On average, it takes 1 to 2 years to reach a settlement for child sexual abuse cases in the state of California. But each experience is unique when it comes to negotiating maximum payment on behalf of a client. We have had cases where a settlement was agreed upon by both sides in a matter of months. But we have also represented clients whose cases took over 3 years from start to finish.

How long it takes to settle a sex abuse lawsuit is based on numerous factors that we can go over with you during a private consultation. The availability of evidence plays a big role, as well as the type of entity you are suing. Generally, claims against private entities like religious organizations are settled faster than those against government agencies (California Dept. of Social Services, for example). But this is not an absolute rule, so in the end, there is no reliable formula to predict just how long these cases will take to settle.

The statute of limitations for child sexual abuse can be defined by a set number of years, or by the date of learning about an injury (emotional or physical) that was caused by the abuse. Under the first standard, you have 22 years after you are legally an adult to sue for sexual assault, harassment, trafficking, etc., that occurred while you were under 18 years of age. Thus, the age of 40 is the deadline to submit a claim for compensation, whether you are suing an individual or a major organization.

Now, let’s look at the discovery rule, which is based on the realization of physical injury or psychological damage resulting from sexual abuse during childhood. Most of these cases are based on mental health issues that the victim has struggled with for many years. So, why is the victim unable to connect these conditions with being sexually abused? This is often due to a child’s tendency to repress experiences that scare or confuse them. Many of these kids may not realize that they are being abused, but even if they are, the shame and fear keep them from going to anyone for help. And if they were to tell someone, will anything be done to help the innocent child? Sadly, the answer is no in far too many of these cases.

This is why so many kids push away the memories of what happened and never talk about the experience with anyone. But the psychological injuries caused by child abuse don’t just go away. At some point, they fester into various conditions that impact the victim’s life in negative ways.

Frankly, it can take some victims 20, 30, or more years to recognize what has happened to them and seek help from a lawyer that can sue for the sexual abuse of a minor. It does not matter how old you are when the point of realization happens. Under California’s discovery law, you have 5 years to file a lawsuit from the day of finding out about a sexual abuse-related injury or illness.

The victims of Jose Manuel Lozano have a long road ahead of them in order to recover from what they endured, just like anyone else who was sexually abused during their childhood. These victims deserve justice from their perpetrator and the system that allowed the abuse, which is the principle that guides everything we do here at DTLA Law Group.

Another principle we live by is the Zero Fee Guarantee, a contingency fee plan where the cost of legal services is covered by the party you are suing. This way, your finances are not affected if you decide to file a child sexual abuse lawsuit with help from one of our legal experts. In the event we fail to recover your payment, you owe us $0, as we don’t believe in getting paid unless you do.  

We look forward to fighting for your rights and the compensation you deserve. Contact us today for a free consultation on your rights and legal options.

Other Pages on Our Website Related to This Topic
Kings County Juvenile Center Sexual Abuse Lawyer
Juvenile Justice Correctional Complex Sexual Abuse Attorney
Division of Juvenile Justice Sexual Abuse Attorney