I am really getting sick of these claims being filed decades after the supposed abuse. They do this realizing that they can trade on public sympathy and get big awards without ever having to prove a single thing. If the claims are filed in a timely fashion it is far easier to refute claims because time lines of events can be challenged/verified. When the claim is filed decades later, particularly in this case where the person being accused is dead, it is extremely difficult to disprove the allegations. Since in these cases the courts, and more importantly the juries seem to work on the doctrine of guilty until proven innocent instead of the other way around the way it should be, these people collect large sums with no proof they were ever touched. This needs to change. The juries that hand out these awards do not understand that this money is coming from taxpayers, not from some endless supply of cash from some evil corporation. I think that unless these women have medical records or other documentation/physical evidence then the case should be thrown out of court. There is a reason we have statutes of limitation and the doctrine that has allowed that to be basically ignored in these cases is seriously flawed and allow scam artists and gold diggers to con their way into huge payouts at the expense of the taxpayer. It needs to stop. I understand that there are some legitimate claims that this type of abuse does happen from time to time, but waiting decades and then filing a civil lawsuit, particularly after the accused is dead and can not defend themselves, is complete bull@!$%#.

Happen over 16 years ago and the accused is dead..good luck with this case in court!

Money Money Money...... thats why at 15 I want to be a lawyer...

Girls he is dead forget about collecting a dime

This is the reason why they need to take out the civil claim part of the process. I bet there would be a lot less of these kinds of accussations, if the defendants couldn't recieve a dime. All I have to do is make up some BS and i can get $15 million and live the life of luxury without ever having to work for it? Sign me up. Getting the quick buck seems to be the NEW American way.

after all, we are talking CA - why work when you can file a lawsuit - If it happened, yes, they deserve their time in court. However, after the death of suspect and the investigation ceased - because you cannot prosecute a dead person these civil torts, such as this, are very difficult to prove. After so long a period since it occurred - what is statute of limitations on filing a tort in CA?

Lawyer-ese for "perhaps we can ride the tail of the current abuse cases and get a bundle" My question is why did Claimant not pursue said abuse back when it happened? Perhaps she did not know then that she was abused? Hmmmm, Wonder why Donna Allred did not take the case?

Claimant never suspected wrongdoing by Moraga School District until late May or early June 2012, when, for the first time

These broads need to put there big girl panties on and suck it up the alleged perp is dead and it's 16yrs after the supposed assault. Find in favor of them award them a dime make them pay there own legal fees and kick their butts to the curb.

SD

I normally agree with your line of thought, but there is something different going on here.

The girls DID come forward right away and the police were investigating PRIOR to his death. I would think they still have all those case files, documents, and evidence at their disposal.

The original case was criminal in nature, when he killed himself the state "dropped" the charges.

What is happening now is that new evidence is coming out that this teacher was abusing other students BEFORE he abused these two girls. In addition, they are claiming that the school knew and failed to protect them from a sexual predator.

If this is true, they absolutely have a case. I am going to make up numbers here, but it goes a little something like this.... if the school fired/dealt with the teacher appropriately in 1990, these girls wouldn't have been abused in 1994. I don't think Jane Doe #1 and #2 knew until recently about claimed abuse prior to their situation (coming on the heels of Kristen's new claim), hence the long delay in litigation.

They have a lot to prove, but there are scenarios where this lawsuit is legitimate and should be at least heard by the courts

They don't have to have unamious decision just a majority to get the $$$, then probably appeals as well.

Ok Gus...Then if the Police DID investigate it when they FIRST came forward then why wait almost 20 years to file a 15 MILLION dollar suit?? Why not file it then??

Because it is easier to get money nowadays.....

Gus-3441747

You are imagining more than what was printed. Reread the story and check your post. There is no print informing the actual dates of when anyone came forward and inappropriate behavior isn't always involving sex.

The irony about this kind of abuse is that it is statutory not actual, otherwise it would be rape. Since the women were not claiming rape then it must be assumed they consented. The jury's interpretation of the law will decide if they become multimillionaires, nothing else will change.

Rob,

They had no grounds to file the suits when they first came forward because they didn't know the school was complicit in the cover-up of his previous offences.

Although I think $15 million is ridiculous, the lawsuit does have some merit.

People need to read the article again and make an attempt at comprehension.

The fact of what type of abuse, or the nature of it is not reported here. IF it was rape, there may be a successful lawsuit for serious money. The School Board allegedly covered up the crime. IT is illegal to cover up crimes. It is especially horrible to cover up the sexual abuse of children. So the ladies did not know there was a coverup until a year ago. They filed a suit about a year after having knowledge of the coverup of previous victims and their compalints - not 16 years later. If all of our public officials and gubmint employees had to sign their work, the documents would show who made the decision to cover up in defiance of the law to report it. Those people could also be held personally liable for their actions. The idea that another kid or several got abused because the School Board covered up previous crimes is exactly what happened at Penn State, and exactly what happened in the Catholic church and in many other organizations. Time passing does not wipe away the crime. They wanted to cover up a crime instead of doing the right thing, now they have to deal with it.

bans non democrats- you do realize even if what you say is true that fox does the same right? i got banned on their for having a conflicting opinion from their norm. also, the republicans use the same means to suppress views that aren't republican. they go on sites like amazon and write reviews for democratic items that are negative without ever reading the books, watching the movies or anything and are encouraged to do so. check out "te billionaires tea party and there is undercover footage of people being told to do it. if you're gonna complain about it complain about both sides doing it. the undercover video is of the group Amercian Majority's Austin James.

IReadyou -

Why not a criminal complaint against the individuals rather than a civil complaint? No Statute of Limitations on criminal sexual abuse cases in CA.

hatr_hurter -

Have you got the right vine?

Dick,

I agree that I imagined more than was printed... I even said so in my post. My point is more that there are several likely situations where this ISNT a frivolous lawsuit, so to immediately dismiss it as "gold digging" and "awful" etc etc is off base. But lets look at the story:

“Claimant now knows that if District officials had simply done what the law required of them to do – report suspected child abuse and supervise their teacher appropriately – then Claimant would never have been abused or harmed by Witters,”

This is pretty clear: The basis of the lawsuit is that if the district had done there job, the girls would never have been abused in the first place.

Also:

Claimant never suspected wrongdoing by Moraga School District until late May or early June 2012, when, for the first time, it was revealed to her that Moraga School District had received multiple complaints demonstrating that Witters was sexually abusing certain female students during the 1990-1994 timeframe and then had covered-up and concealed its knowledge after Witters killed himself in 1996.

The girls didn't have any reason to think the school district mishandled a sexual predator until June 2012. As soon as there was evidence of previous knowledge and cover up, they filed a suit.

Brian,

The girls here have no control over criminal compliants. They filed one in 1996 and the police decided not to pursue it after the suspects death. Perhaps criminal charges will come out of this... but that is beyond the girls control.

FWIW: I think these "girls" should drop the Jane Doe moniker. If you are going to put other peoples names in jeopordy (maybe rightfully so) then you should have to put yourself out there. You may have been kids when this happened, but you are adults now.

Brian...A criminal complaint will not give them a settlement.....

Hatr woke up on the wrong side of the vine this morning....

Well, considering you can't file a civil suit before you're 18... Not to mention sexual abuse of children is unique for numerous reasons.

http://www.ncsl.org/issues-research/human-services/state-civil-statutes-of-limitations-in-child-sexua.aspx

If they're lying, they'll lose. No harm done. Unless you want to complain about the tax payers money. In which case, do you all suggest we get rid of civil court all together???

If we don't want to protect the avenue to justice for children who are abused, who do you want to protect it for?

Brian: The ladies control whether they sue or not. They do not control the States Attorney or the Sheriff. The law stopped the criminal investigation when the perp died. No doubt to save money. Now, evidence may not exist and they may be reluctant to restart a criminal investigation. The ladies cannot force them to do that which they don't want to do. But they can sue. And it seems they are. That may be all that gets done. By the way, Law enforcement decides every day which laws they will enforce or not enforce. They decide every day which crimes they will investigate or not investigate. They have limited resources and so they pick which ones they will do. This is how one sheriff will decide to make an issue out of illegal immigrants and others don't care. One chief of police is big on drug law enforcement and a different chief only does the minimun so he's not criticized.

apparently not brian. meant to put this in the first set of comments under william riley.

Their gold digging skills are master level.

It was the school system's enabling skills that are master level. It's past time for the school system

to pay for its enabling.

By school system you actually mean tax payers. Schools don't have any money, just like the government doesn't have any money. If these women win $15 million apeice, the residents of the school district will be the ones paying by having their taxes raised to cover the debt.

This underscores the need to get accused pedophiles like Sylvain Kustyan, off the streets. Kustyan has been formally charged with two counts of 1st Degree Sodomy of a ten-year-old little boy. Unfortunately, this 6'-7" giant and French native is currently on the lam. As to comments why victims wait so long, please inform yourselves on victim psychology before speaking. Any psychologist will explain to you that victims try to bury the horrible memories, the trauma actually causes lifelong physical neurological changes in the brain, inaddition to the emotional damage. Victims will never be the same. People like the posters above are the reason that victims don't come forward - you are guilty of raping them again! Shame on you.

The perpetrator is not the one on trial here. It is the school system that did nothing, not even what it was required to do by law. These young ladies are fully entitled to take them to court and I, for one, hope they take them to the cleaners! It is the only way that these organizations will learn that children's safety must come before the organization's reputation.

Caroline - Your reasoning is flawed. The organization will learn nothing. Why not file criminal complaints against the individuals who were informed but ignored the law. It would make a lot more sense.

"well-respected news organization".......now there's a oxymoron for you.

Technically they are suing the taxpayers as they are the ones who will foot the bill.

How in the hell can you know what everybody is doing all the time? Here in delaware, we had a doctor, who had his own private practice, in his own private building, who was molesting kids. Just because he was affiliated with the local hospital, the hospital and the state both got sued. His doctor's office isn't even located anywhere near the hospital. It's all about the money, not justice. Money and justice are not the same thing.

You know how we stop these type of frivolous lawsuits, when these women lose (and they ought to), they pay the court cost on both sides.

Why should they lose? They were abused and left with lifetime emotional scars because the school system chose to cover its own derriere? Enablers are as low as the scumbag perpetrators and must be held responsible. That is the only way that we can curb the enabling.

Three words:

Statue of Limitations...

It's run out, they filed 16 years too late and unless they have PROOF, why the hell should they win?

Maybe, just maybe, taxpayers should learn to demand more from their school systems.

Really SANE?

After 20 years? If the guy was convicted yes but he is dead and the TAX PAYERS should not foot the bill>

You, are the "hoe" for re-raping these unfortunate victims. It people like yourself that keep the victims from coming forward sooner! They should be able to sue you as well!

typo - "it" should be "it's people"

I live in CA, I'd LOVE to know how your aunt and uncle got their kid into school for free!!!! Do tell...I await your response with baited breath.

Unless they are illegals, not a snowballs chance in hell their kid got a free college education. We have residency restrictions (where you've had to live here more than five years not to pay out of state tuition, unless you're an illegal, of course) and we pay some of the highest tuition rates in the nation for in state...

The only thing obvious is your inability to construct a sentence. You should return to any school for what you missed the first time. Pathetic.

... abusing children

When does childhood end? These were high schoolers, seventeen, possibly eighteen years old. They weren't isolated in some polygamous cult out in the desert. They were consenting near-adults not "children". Plaintiffs can hire a psychiatrist to testify to the "trauma" these teenagers suffered but there could be an expert hired by the defense to testify that she found no permanent psychological effects in these women, now presumably in their thirties with families of their own.

The one hazard the defendant school board could face would be getting socked for punitive damages if a coverup can be proved.

PS: What's your documentation that there are more straight male pedophiles than there are homosexuals who are into boys?

You, Sir, are disgusting. A child is a child whether it is a "near adult" or not. Being a "near adult" should not mean "open season" on your body and psyche by people whom you are supposed to be able to trust.

For me, the ones whose "trust" was violated--or at least their right to be graded fairly--were the male students who had nothing to offer the late and straight Mr. Witters in exchange for "extra credit".

If I were attorney for the defense I would want to discover these girls' report cards. Perhaps they were "doing it" with other male faculty to get their grades up.

Caroline, you are shoveling shyte against the tide here. The cretins don't grasp what this is about and really don't care either. I appreciate your efforts though you must be frustrated in the extreme. Best of luck...

For the claimants, Whiskey, it's about money. For me it's about looking at the situation rationally not emotionally and seeing that there are many kinds of power and victims of both sexes.

Nungman,

Maybe it's not just about money. Some of us are actually outraged by the abuse we suffer and the coverups perpetrated by the people who are supposed to be looking out for us. But look at the dimwitted comment by the guy below. Do even 10% percent of the commentors even read the articles or are they really that stupid? Doesn't really matter I guess.

There are two comments below and the second of them is very well reasoned.

With the revelation that the school principal might have received prior reports of seriously improper conduct by that teacher, there is now a "deep pocket". Whether the lack before this of anyone to sue who could pay big damages--certainly not a low-paid schoolteacher, or his estate--justifies allowing this lawsuit to go forward after so many years is a very open question.

Oddly, Morgan, the now retired principal of that high school remains popular in Contra Costa County. There must be widespread doubt about the truth of these women's claims and that is no surprise after you follow all the links in this article and read all the accounts.

There is lesbian abuse with the perpetrator there sentenced to eight years in State prison. There are allegations of "oral copulation" that went on for two years, sometimes in the deceased teacher's very classroom. The students who were thirteen and fourteen may have complained to the principal but apparently never told their parents!

While there's limitations in criminal court there's no statute of limitations in civil court, all you need is a bleeding heart judge and jury to make you a millionaire. You can sue anytime in civil court.

The reason they can still file the claim now is that they were unaware of the SCHOOL DISTRICT'S cover up until now. The statute of limitations clock, depending on the circumstances, may not start "ticking" until the claimant becomes aware of the crime. In this case the women were certainly aware back in the 90's that they were abused. What they were not aware of was that the school district covered up past abuse by the teacher that, if addressed correctly when the district had the opportunity, would likely have prevented the abuse of these two women. They are not suing the district for what the teacher did but for what the district did not do. They did not become aware of what the district failed to do until 2012. That's when the SOL kicks in.

they were unaware of the school district coverup until recently and yet they covered it up for almost 20 years? They knew they were molested, (if it happened) yet they didn't speak up? Sounds like they made themselves part of any coverup they claim happened in regards to this.

I was just thinking, I wonder if these women win their cases if anyone molested after they were can go after them legally because of making themselves part of the cover up by no speaking up when it happened. They have accountability as well in this if there were other victms after them. I

The taxpayers did not demand justice from their school district. They deserve to pay up. Only then will taxpayers decide to demand more of their schools.

Sorry, I already gave and continue to give to Octopussy and her fourteen lab created pack of wild dogs...

Probably because women rarely are the perpetrators in molesting children, except in some rare cases of older children. Men are the majority of these cases by far.

women all agree as a group to treat sex as a crime when it suits them

Not so, a female coach was recently arrested in AL for molesting female students. AL also recently sent to HS football coaches "up the river" for 25 years for molesting their players. Pedophiles are not looked kindly upon down there.

sorry typo - "two HS coaches"

Again, read before you speak. The lawsuit is against the school system for not doing what it is required to do by law, not against the perpetrator. There should be no SOL on child molestation and many states do not have one.

They are suing the district... not the dead guy. They did come forward in the 90's along with others who complained to the district. It's not clear if charges were something like inappropriate touching, fondling, sexual, etc. for everyone. They claim sexual abuse.

In any case, they are suing the district for apparently covering up.

You, Sir, are what's disgusting!