7 minute read
Legal
LEGAL ARIZONA LAW GIVES VICTIMS OF CHILD SEXUAL ABUSE A NEW HOPE
By Robert E. Pastor
It can take decades for survivors of child sexual abuse to share their secret and break the silence. Arizona law now recognizes that victims of sexual abuse need time to process and understand what happened to them.
Adults who have suffered child sexual abuse may experience a variety of symptoms throughout their lives or in chronic episodes. Survivors of sexual abuse often suffer deep seeded shame, guilt and self-blame that often leads to depression and anxiety. Survivors of abuse may develop a belief that they caused the sexual abuse or that they deserved the abuse. No child causes or deserves to be sexually abused. These beliefs may lead to self-destructing or sabotaging relationships. As children and as adults, survivors of sexual abuse may experience intrusive or recurring thoughts, nightmares or even flashbacks about the abuse. Research conclusively shows people with a history of childhood sexual abuse have an increased risk of major depression, suicide attempt, alcohol or drug dependence, social anxiety, eating disorders, sexual dysfunction, rape after the age of 18 and divorce throughout their lives.
Elliot Nelson et al., Association Between Self-Reported Childhood Sexual Abuse and Adverse Psychosocial Outcomes: Results from a Twin Study, 59 Archives of General Psychiatry, 139, 139-145 (2002). Studies also show child sexual abuse can lead to sexual dysfunctions, sexual compulsion, confusion and struggles over gender and sexual identity, homophobia, problems with intimacy, guilt, self-blame, low self-esteem, negative self-images, and increased anger. David Lisak, The Psychological Impact of Sexual Abuse: Content Analysis of Interviews with Male Survivors, 7 J. Of Traumatic Stress, 525, 525-544 (1994). The complexities surrounding child sexual abuse and the trauma that victims endure is just one reason why Arizona changed the statute of limitations for victims of child sexual abuse.
A statute of limitations is like a legal stopwatch that counts down the time to file criminal charges or a civil lawsuit. There are often different statutes of limitations for different types of cases. It is important to know when the clock starts ticking, when the clock stops ticking and whether anything restarts the clock. The new law in Arizona gives victims of child sexual abuse more time to take legal action and for some victims, it restarts the clock - but for a limited time.
The new law now gives victims until age 30 to file civil suits; an additional 12 years.
The new law also restarts the statute of limitations clock for victims of child sexual abuse. Under the new law, victims of child sexual abuse have until December 31, 2020. It does not matter how long it has been or how old a victim is, under the new law, victims of child sexual abuse can take back their voice and seek the justice they deserve.
By taking action against perpetrators and the institutions that covered for them, victims can expose perpetrators and expose the cover up. Civil actions will also protect other children because these institutions now know that they are not above the law.
Robert E. Pastor is an attorney with the law firm of Montoya, Lucero & Pastor, PA. Mr. Pastor has been representing and advocating for victims of child sexual abuse and sexual assault for more than sixteen years. He understands the needs of survivors of sexual abuse and the importance of exposing the truth for his clients and for the safety of all our children.
Are you a victim of sexual abuse?
Arizona recently passed a new law to help victims of child sexual abuse.
Contact our offi ce to learn more.
Robert E. Pastor Tiffani E. Lucero
3200 N. Central Ave., Ste. 2550 Phoenix, Arizona 85012 602-279-8969
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LEGAL WHEN TO REVIEW AND RENEW YOUR ESTATE PLAN
By Libby Banks
Change is inevitable. With estate planning, you put in place the best plan you can at the time. However, as changes come in your life and in the law, your plan may need some changes too. So when should you review – and possibly renew – your estate plan?
CHANGES IN THE LAW
One change that can make a difference in your plan isn’t even something you brought about. Federal or state laws may change, necessitating a change to your plan.
In Arizona, the trust code changed in 2008. If your Trust was put in place before 2008, a review is a very good idea, because the law on which it was based is now very different.
In addition, the federal estate tax exemption is now $11.4 Million per person. Your estate plan might have been put in place when the exemption was much lower, and you needed a complex plan to avoid the 40 percent estate tax. Now, you may not need that complex planning, and putting a far simpler plan in place will make it easier for your surviving spouse and children to administer.
THE BIG FOUR OF LIFE EVENTS – MARRIAGE, DIVORCE, BIRTH AND DEATH
It seems obvious that if you get divorced, you need to change your plan. Yet often, a client comes to me years after marrying with a plan that doesn’t even mention their spouse. I’ve also had to console the spouse who finds out too late that her husband failed to change his will, and also forgot to change life insurance or IRA beneficiaries. When you leave a marriage, put new estate planning documents in place.
If you are getting married, it’s important to put a plan in place too. Now you have a spouse to consider in the mix. If this is a second marriage and you have children from a prior marriage, your plan needs to account for that – and provide for what you want to happen.
The birth of a child is also an occasion to change your plan or put one in place if you haven’t done so yet. You need to protect that life you brought into the world. Protection includes making sure things are in place for their care if you are no longer here.
MOVING FROM STATE TO STATE
Another significant life event is a move to another state. While your attorney in your old state may have done a fine job, it is important to be sure that your new home state doesn’t have laws that affect your plan adversely. A local attorney can advise you about whether your existing plan requires changes.
A REVIEW EVERY THREE TO FIVE YEARS
I recommend that my clients review their trusts with me every three to five years. This way, we can discuss any changes in their lives and in the law and update to be sure the plan is what is needed.
If I can help you, let me know! You can find my contact information at www.LibbyBanks.com
Call us today to schedule your FREE Estate Planning Consultation
Our Estate Planning in Phoenix and Scottsdale is highly customized to meet your unique family situation, assets, values, and personal goals. Our complimentary first meeting allows you to get to know Libby, our Estate Planning attorney and talk about your unique situation and what plan will best fit your needs.
Remember, when you choose Libby you are not only hiring someone to prepare your Estate Plan, you are choosing a seasoned Estate Planning attorney to guide you through this often complex process and raise questions you might not have considered. You are choosing an experienced professional to create a plan that serves your family in the way that you want and, after you are gone, a trusted advisor that your loved ones can depend on.
Come see us in our new, convenient office located just down the street at 5010 E. Shea Blvd, Suite 205 Scottsdale, AZ 85254 602.375.6752 | www.libbybanks.com | libby@libbybanks.com
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