The Myth of the Vote: Examining Creditor Protections for Survivors in Child Sex Abuse Bankruptcies

The Myth of the Vote: Examining Creditor Protections for Survivors in Child Sex Abuse Bankruptcies

When I first started law school in 2023, taking a bankruptcy course was at the top of my list. But it wasn’t because I wanted to be a bankruptcy lawyer; instead, knowing that I wanted to represent survivors, many mentors said that they did not know the first thing about bankruptcy, but that if they could do law school over again, they would have taken that doctrinal class. The trend was clear: so many defendants were trying to file for bankruptcy to escape accountability.

Twice Wounded Part 3:  What Can Actually Be Done: Three Things the System Could Change Right Now

TWICE WOUNDED Part 2 of the Twice Wounded Series Why Retraumatization Happens

In part two of this series, we examined what happens to children who testify about sexual abuse, including nightmares, behavioral changes, and long-lasting harm. Now, we must ask why. Why does a process designed to deliver justice often cause more harm? The answer lies in two places: inside the child’s brain and within the structure of the legal system. When these two areas interact, the damage is not accidental; it’s built in.

Twice Wounded Part 3:  What Can Actually Be Done: Three Things the System Could Change Right Now

TWICE WOUNDED

What really happens to children who testify about sexual abuse?

and what the research says we must do differently

This piece examines that evidence in three parts: what retraumatization in the courtroom looks like and what it costs; why it happens, from the neuroscience of traumatic memory to the structural features of adversarial legal proceedings; and what we already know how to do differently because the research that documents the problem also clearly points toward solutions.

The evidence is clear, but the real question is whether we are willing to act on it.

Then and Now…

By Brian O’Leary   “Ex-Saugerties High wrestling coach charged with 18 counts of rape.”  I woke up the other day with a text from a friend who highlighted an article in the local newspaper which had the above headline.  The school had hired a 30-year-old man to teach...