RUBENSTEIN v. DOE NO. 1Amicus Curiae Brief of Family Violence & Sexual Assault Institute and Institute on Violence, Abuse & TraumaCal.December 23, 2016SUPREME COURT COPY $234269 | IN THE SUPREME COURT — OF THE STATEOF CALIFORNIA LATRICE RUBENSTEIN, PlaintiffandAppellant, SUPREME COURT vs. DEC 28 2016 DOE #1, / Defendantand Respondent. Jorge’Ne a} alerk | i Deputy AFTER A DECISION BY THE COURT OF APPEAL FOURTH APPELLATE DISTRICT, DIVISION 1, CASE No. D066722 HON. JUAN ULLOA, JUDGE, IMPERIAL COUNTY SUPERIOR COURT, CASE No. ECU08107 APPLICATION TO FILE AMICUS CURIAE BRIEF AND BRIEF OF AMICUS CURIAE FAMILY VIOLENCE & SEXUAL ASSAULT INSTITUTE AND INSTITUTE ON VIOLENCE, ABUSE & TRAUMAIN SUPPORT OF LATRICE RUBENSTEIN Family Violence & Sexual Assault Institute and Institute on Violence, Abuse & Trauma Brittany Crowell, Psy.D. Licensed Psychologist (Psy 28712) FIV Clinical and Forensic Case Manager y REC ED Professional Clinical & Forensic Services 10065 Old Grove Road, Suite 101 DEC - 9 2016 San Diego, California 92131 T Phone: (858) 527-1860 x4560 | Fax: (858) 527-1743 CLERK SUPREME COUR IVATpcfs@alliant.edu | www.ivatcenters.org Amicus Curiae FAMILY VIOLENCE& SEXUAL ASSAULTINSTITUTEANDINSTITUTE ON VIOLENCE, ABUSE& TRAUMA $234269 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA LATRICE RUBENSTEIN, PlaintiffandAppellant, vs. DOE #1, Defendantand Respondent. AFTER A DECISION BY THE COURT OF APPEAL FOURTH APPELLATE DISTRICT, DIVISION 1, CASE No. D066722 HON. JUAN ULLOA, JUDGE, IMPERIAL COUNTY SUPERIOR COURT, CASE NO. ECU08107 APPLICATION TO FILE AMICUS CURIAE BRIEF AND BRIEF OF AMICUS CURIAE FAMILY VIOLENCE & SEXUAL ASSAULT INSTITUTE AND INSTITUTE ON VIOLENCE, ABUSE & TRAUMA IN SUPPORT OF LATRICE RUBENSTEIN Family Violence & Sexual Assault Institute and Institute on Violence, Abuse & Trauma Brittany Crowell, Psy.D. Licensed Psychologist (Psy 28712) Clinical and Forensic Case Manager Professional Clinical & Forensic Services 10065 Old Grove Road, Suite 101 San Diego, California 92131 Phone: (858) 527-1860 x4560 | Fax: (858) 527-1743 IVATpefs@alliant.edu | www.ivatcenters.org Amicus Curiae FAMILY VIOLENCE& SEXUAL ASSAULTINSTITUTEANDINSTITUTE ON VIOLENCE, ABUSE& TRAUMA TABLE OF CONTENTS TABLE OF AUTHORITIES|...cic ceeeecsecsseseeseseeseeeeseeeeeacseaeeeesecaeseresacenesseseeseeeeseateeecnees ll APPLICATION TO FILE AMICUS CURIAE BRIEF OF AMICUS CURIAE FAMILY VIOLENCE & SEXUAL ASSAULTINSTITUTE AND INSTITUTE ON VIOLENCE, ABUSE & TRAUMA IN SUPPORT OF LATRICE RUBENSTEIN Leseceescccecececsscecesssussscecccececcececeesceeeceecececeusaucussnssseaaausessesststesetststestceceacececcesceceeecesscsceues 1 BRIEF OF AMICUS CURIAE FAMILY VIOLENCE & SEXUAL ASSAULT INSTITUTE AND INSTITUTE ON VIOLENCE, ABUSE & TRAUMA IN SUPPORT OF LATRICE RUBENSTEIN.............ccccccccesesececscceceececececcesesseccececseceess 3 Trtroduction .........cccescccccsssccccsesscnssecencccceccessseseeceecececnceccecseauacessecsnaccaucccceseeseeeececersntsuseseeeuees 3 I. The Long-Term Neuropsychological Harm Often Incurred by Adult Survivors of Childhood Sexual Abuse Defies Any Contention that Victims Generally Appreciate the Wrongfulness of the Abuse at the Time of the Molestation............ 4 A. Victims of Childhood Sexual Abuse Develop Coping Mechanismsthat Can Prevent Them From Consciously Appreciating They Have Been Wronged Until Years Later After the Molestation. ..........:..cccccceesesseseeesseesessesseeeeseeees 5 B. DiSaSSOCIatiONn.........eeeeececeseseseeceeestescsceecaeeesesenenseeaecaeeeeasaeseeecessseeaseeceeeeesees 6 C. Traumatic Stress and the Brain, and Memory.............ccccscccesscesseesssecsseceeeees 8 i. Integrating research and clinical findingS.00.0.0... .ccececsseeseeeeseeseesseees 9 COnClUSION oo... ee ec sceeeceseeceseeecseeseessesecscesesseceseseecaeesesesssacseaeseseeseseeseesessecseseseseesecscsesseees 10 CERTIFICATE OF WORD COUNT.......cccccccsssessesesseeseseseeaeseeseaeecaeeeaeseeeeseesesseeecseeeseens 13 TABLE OF AUTHORITIES Amado, B.G., Arce., R., & Herraiz, A. (2015). Psychological injury in victims of child sexual abuse: A meta-analytic review. Psychosocial Intervention, 24, 49-62. ...... bnsuceeseesseecessececesuseeeesesaueeecccesscessseseueeseseuussssecscceesecsussecsusnsesesnaseusoseseaeaeseeacecersns 5,7, 11 American Psychiatric Association. (1994). Diagnostic and statistical manual ofmental disorders, IVEdition. Washington, D.C.: American Psychiatric Publishing.....6, 7 American Psychiatric Association. (2013). Diagnostic and statistical manual ofmental disorders, 5“ Edition. Washington, D.C.: American Psychiatric Publishing. ...6, 7 Anderson, M.C., Ochsner, K.N., Kuhl, B., Cooper, J., Robertson, E., Gabrieli, S.W., Glover, G.H., & Gabrieli, J.D.E. (2004). Neural systems underlying the suppression of unwanted memories. Science, 303, 232-235. ..........ccc cece eee eee 10 Bremner, J.D. (2006). Traumatic stress: Effects on the brain. Dialogues in Clinical Neuroscience, 8(4), 445-461... ccc cece cece ccc eee sence seeeeseusseeeseaers 5, 7, 8, 11 Brown,D.W., Anda, R.F., Edwards, V.J., Felitti, V.J., Dube, S.R., & Giles, W.H. (2007). Adverse childhood experiences and childhood autobiographical memory disturbance. Child Abuse & Neglect, 31, 961-969. ............cccceceeeeeeeecues 5,7, 11 Collin-Vezina, D., De La Sablonniere-Griffen, M., Palmer, A. & Milne, L. (2015). A preliminary mapping ofindividual, relational, and social factors that impede disclosure of childhood sexual abuse. Child Abuse & Neglect, 43, 123-134. Leen e nee e nen cence eee n ee EEE EEE; EERE SEEN GHEE EERE; EERE EE EEE; EERE EEE EG EEE EEE EERE EGER EE EE Sas 7,11 Dalenberg, C. (2006). Recovered memory and the Daubert criteria: Recovered memory as professionally tested, peer reviewed, and acceptedin the relevantscientific community. Trauma, Violence, & Abuse, 7, 274-310. .........c ccc cece cece cues 4-6, 10 Finkelhor, D. & Browne, A. (1985). The Traumatic impact on child sexual abuse: A conceptualization. American Journal ofOrthopsychiatry, 55 (4). ....0.....0.07,11 Gerson, R., & Rappaport, N. (2013). Traumatic stress and posttraumatic stress disorder in youth: Recent research findings on clinical impact, assessment, and treatment. Journal ofAdolescent Health and Medicine, 52, 137-143. ............ccccecceeeeee5,7 Malmo, C. & Laidlaw, T.S. (2010). Symptomsoftrauma and traumatic memory retrieval in adult survivors of childhood sexual abuse. Journal ofTrauma & Dissociation, 11(1), 22-43. 0.0... ccc ccc ccc ccc cece ccc eeceeeeeeeesseueeeeeneenaes 8,9, 11 Painter, K., & Scannapico, M. (2013). Child maltreatment: The neurobiological aspects of posttraumatic stress disorder. Journal ofEvidence-Based Social Work, 10, 276- 284ccc eeee enee een n Ene EEE EEE EEE REESE EEE EEDA DEES EE EEE EEE EG EE EES Ea nate: 5, 6,9 van der Kolk, B.A. (2005). Developmental trauma disorder: Towardsa rational diagnosis for chronically traumatized children. Psychiatric Annals. Retrieved from: www.traumacenter.org/products/pdf_files/preprint_dev_trauma_disorder.pdf. veceaecuseueuscueesecseaecsnecaeeaesaeeesssesseeassesaesecensecsaecasensesseseseeesassaseaseeseaeeeseeseesesseeseessetees 11, 12 Weiss, S.J. (2007). Neurobiological alterations associated with traumaticstress. Perspectives in Psychiatric Care, 43(3), 114-122... ccccccecscceseseesteesteees 6-8, 11, 12 $234269 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA LATRICE RUBENSTEIN, PlaintiffandAppellant, vs. DOE #1, DefendantandRespondent. AFTER A DECISION BY THE COURT OF APPEAL FOURTH APPELLATE DISTRICT, DIVISION 1, Case No. D066722 HON. JUAN ULLOA, JUDGE, IMPERIAL COUNTY SUPERIOR COURT, CASE NO. ECU08107 APPLICATION TO FILE AMICUS CURIAE BRIEF OF AMICUS CURIAE FAMILY VIOLENCE & SEXUAL ASSAULT INSTITUTE AND INSTITUTE ON VIOLENCE, ABUSE & TRAUMA IN SUPPORT OF LATRICE RUBENSTEIN The Family Violence & Sexual Assault Institute (“FVSAI’), DBAInstitute on Violence, Abuse & Trauma (“IVAT”), a community based nonprofit corporation that providestraining, education, research, and direct services regarding all aspects of violence, abuse, and trauma,respectfully applies for leaveto file the accompanying amicus curiae brief in support of Plaintiff and Appellant Latrice Rubenstein pursuant to rule 8.520(f) of the California Rules of Court. [VAT is familiar with the content of the parties’ briefs. IVATis a non-profit organization devoted to improve the quality oflife for individuals by sharing and disseminating research, practice, advocacy and policy to end violence, abuse and trauma. IVAThasa long-standing interest in protecting victims of child sexual abuse, and in accord with such interest, seeks to educate the public and the courts as to the long-term psychological and neuropsychological harm incurredasa result of childhood sexual abuse, and specifically about the coping mechanisms, including dissociative amnesia, often experienced among adult survivors of childhood sexual abuse. IVATseeks to file this brief to advocate an application of the discovery rule that incorporates current scientific advances in the understanding of the psychological and neuropsychological harm that is often experienced by adult survivors of childhood sexual abuse. IVAThasnointerest in or connection with any of the parties in this case. To fray the costs incurred by [VATin the research and preparation of this brief, IVAT received a very nominal amount from Taylor & Ring,a firm specializing in the representation of victims of sexual abuse. This monetary contribution helped to make it possible for [VAT to contribute its research to the Court. IVAT believes its research on this issue will assist the Court in resolving this case by addressing the psychological condition affecting adult survivors of childhood sexual abuse and how that condition can affect the victim’s realization that he or she has been harmed. Dated: December8, 2016 Respectfully submitted, FAMILY VIOLENCE & SEXUAL ASSAULT INSTITUTE AND INSTITUTE ON VIOLENCE, ABUSE & T Britthn ve Psy.D. Amicus Curia Family Violence & Sexual Assault Institute AndInstitute On Violence, Abuse & Trauma 2 BRIEF OF AMICUS CURIAE FAMILY VIOLENCE & SEXUAL ASSAULT INSTITUTE AND INSTITUTE ON VIOLENCE, ABUSE & TRAUMAIN SUPPORT OF LATRICE RUBENSTEIN Introduction This matter presents the Court with an opportunity to address when a victim of childhood sexual abuse should recognize that the abuse he or she suffered as a child was wrongful soas to trigger the six-month timelimit for filing a government claim. According to the defendant School District, a victim’s claim arising out of childhood sexual abuse accrues for Tort Claim Filing purposesat the time ofthe molestation, without regard to principles of delayed discovery. But, and as detailed below, the notion that a victim of sexual abuseas a child will always appreciate the wrongfulness of the harm at the time of the last molestation contravenes numerousstudies,clinical experiences, and scientific research establishing that the victims of childhood molestation do not always consciously recognize they have been wronged until years later due to the effects of well-documented coping mechanismsto deal with severe and complex psychological trauma. While the School District makes a passing referencethat it “certainly recognizes that young children may not disclose the abuse, may not recognize the abuse as wrongful, and acknowledges that some young children may repress memories of the abuse,” (Reply Brief p. 1), the School District represents that a claim nonetheless accrues at the time of the last molestation and notes even “‘Courts should be very skeptical of [memory repression]in light of the scientific literature.”” (Reply Brief p. 1., fn.1.) This Amicus Brief is intended to dispel such a deeply flawed contention. As explained below, when a child is sexually abused, such abuse can lead to dissociation, suppression of memories, and other mental issues that can indeed prevent the victim from appreciating the wrongfulness of the abuseat the time it occurs. L The Long-Term Neuropsychological Harm Often Incurred by Adult Survivorsof Childhood Sexual Abuse Defies Any Contention that Victims Generally Appreciate the Wrongfulness of the Abuse at the Time of the Molestation Prior to the 1980s, researchers identified repression as thought inhibition and avoidance conditioning for avoiding pain. Dissociative amnesia wasinitially identified among individuals that have experienced severe, chronic traumatic events, such as combat veterans and survivors of the Holocaust. “The science of memory has always supported the existence of impaired memory and recovery of memory for aversive or traumatic events” (Dalenberg, 2006, p. 277), and research has continued to demonstrate reliably the correlations between traumatic stress in adults and children experiencing traumatic amnesia. “Recovered memory studies have explored diverse scientific methodologies and haveestablished the statistically accepted error rates, norms, and cutoffs for diagnostic tests and diagnosis of dissociative amnesia” (Dalenberg, 2006,p. 279). In the 1980s to 1990s, psychological research on amnesia began to review memory and dissociation among children who experienced sexual abuse. In 1993, the American Psychiatric Society published, The Statement on Memories ofSexual Abuse, stating that “children and adolescents who have been abused cope with the trauma by using a variety of psychological mechanismsthatresult in a lack of conscious or emotional awareness”(cited in Dalenberg, 2006, p. 282), The American Psychological Association’s Working Group on Investigation of Memories of Childhood Abuse (1996) agreedthat it is possible for memories of abuse that have been forgotten for a long time to be remembered. By 1999, more than 60 studies had been published that reported findings on dissociative amnesia and childhood sexual abuse; someofthe majorfindings identified episodes of amnesia for extended periods of time correlated with the severity of 4 abuse and duration (e.g., Feldman-Summers & Pope, 1994), and the victim-offender relationship, especially when the perpetrator is knownto the victim (e.g., Williams, 1995; Dalenberg, 2006). Notably, both Williams (1995) and Dalenberg (1996) foundthat recovered memory for trauma wasalmostidentical in accuracy as continuous memory (Dalenberg, 2006). A. Victims of Childhood Sexual Abuse Develop Coping Mechanismsthat Can Prevent Them From Consciously Appreciating They Have Been Wronged Until Years Later After the Molestation. Once a child or adolescent has experienced trauma,irrespective of relationship of the offender to the victim, children experience long-term developmental trauma and psychological distress, which can impact the quality of their lives and overall function (Amado, Arce & Herraiz, 2015; Steel et. al, 2004). In addition to consideration for the age of onset for the sexual abuse and victimology,there is “growing evidencefor‘critical windows’ of vulnerability to traumatic stress in brain development” (Gerson & Rappaport, 2013, p. 138). Deficits in memory,particularly short-term memory have been identified among adults with histories of child/adolescent sexual abuse (Brownet.al, 2007). Deficits in verbal declarative memory, and visual memory have been reported among adults that have been abused in childhood (Bremner, 2006). Neuropsychology and neurobiology studies have identified that when an individualis being victimized, there is short-term benefit in the brain’s response to traumato filter stimuli and inhibit responsesfor self-preservation. However, when the traumatic stress is chronic and severe, the response of the limbic system, prefrontal cortex, amygdala, thalamus and hippocampus becomeconditioned to a state of hyperarousal and dissociation (Painter & Scannapieco, 2013; Weiss, 2007), regardless of externalsituation or environmental context. The hypothalamic-pituitary-adrenal (HPA)-axis circulates cortisol in a negative 5 feedback loopto the pituitary gland, hypothalamus, and hippocampusto decrease activity in order to maintain hyperreactivity while reducing allostatic load. Concurrently, glutamate in the hippocampusandprefrontal cortex during traumatic events also cause oxidative stress, resulting in excitotoxicity (i.e., cell destruction due to excessive neural excitation or activity) (Weiss, 2007). These structural and neurochemical events in the brain result in either,“[...] complete dissociation or the inability to recall important aspects of the trauma” (Weiss, 2007,p. 117) or dissociative amnesia. B. Disassociation Dissociation as the main coping mechanism to managedistress; Rubenstein’s report of these behaviors aligns with scientific research, which has identified that sexually abused children can disengage from their painful reality through dissociation which then can lead to traumatic amnesia. Furthermore, dissociation allows victims to maintain the behaviors that provide temporary relief via numbing by freeing them from normal cognitive constraints, which mayinhibit those behaviors. Dissociation, similar to the seminal research on repression (see Ziegarnik’s repressed tasks, cited in Dalenberg, 2006),is utilized for escaping intense negative emotions. The American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders 4" and 5" editions define dissociative amnesiaasthe “inability to recall important autobiographical information, usually of a traumatic or stressful nature,that is inconsistent with ordinary forgetting” (APA, 2013, p. 298), and can be either localized (failure to recall for extended blocks of time) or selective (can recall some, but notall, facts within a circumscribed period of time) (APA, 1994, p. 520; APA, 2013,p. 291). Frequently, individuals whom have experienced trauma have been found to have memory dysregulation, a deficit in explicit recall, and fragmented memories due to the neurochemical systems(i.e., cortisol, epinephrine, norepinephrine, serotonin, and dopamine) response to the traumatic incidents (Bremner, 2006; Weiss, 2007). This can 6 be compoundedby the deficits in verbal declarative memory and access to language use for autobiographical disclosure (Bremner, 2006; Brownet. al, 2007; Gerson & Rappaport, 2013), and children who have experienced sexual abuse may notrecall their victimization for an extended period oftime. The disorder is associated with “a reversible memory impairment in which memories of personal experience cannotberetrieved in a verbal form (or,if temporarily retrieved, cannot be wholly retained in consciousness).” Ibid. The diagnosticcriteria for the disorder require a finding that those “symptomscauseclinically significant distress or impairment in social, occupational, or other important areas of functioning.” Id. at 481. A disturbance in autobiographical memory (Howe & Courage, 1993; Nelson & Fivush, 2004) related to childhood, or childhood autobiographical memory disturbance (CAMD), is a memory disruption characterized by the inability to remember events from childhood concerning victimology and repressed memory, and the short- and long-term psychological implications of childhood trauma (Amado, Arce & Herraiz, 2015; Brown et. al, 2007; Collin-Vezinaet. al, 2015; Finkelhor & Browne, 1985). Amongthe research on disclosure, studies conducted in the United States have consistently found that the majority of children do not disclose sexual abuse in childhood (Collin et. al, 2015; Steelet. al, 2004) dueto a variety of factors, including fear, self-blame, social stigma, or because they are unable to identify the harm caused given their cognitive development or emotional maturation at the time of the abuse. Moreover, the victim-offenderrelationship, type of abuse, and duration of abuse also influencesthe ability to recall the dynamicsof the sexual abuse. “Soonafter the abuse incident, avoidant and cognitive coping strategies have been found to mediate the effects of childhood sexual abuse and psychological distress in adolescent females between the ages of 14 and 16 years of age” (Shapiro & Levendosky, 1999in Steel et. al, 2004, p.786). C. Traumatic Stress and the Brain, and Memory. Neurobiology studies have also identified disruption in cognitive function, neural circuitry, and altered chemical balances that coincide with hypervigilance, numbing, aggression, and dissociation (Bremner, 2006; Weiss, 2007; see also trauma symptomsfor PTSD anddissociative amnesia in Malmo & Laidlaw, 2010). These structural changes also influence how and where memoriesare stored in the brain. Bremner (2006) and Weiss (2007) identify the structural changes in the brain that occur after traumatic stress: the limbic system is comprised of the hypothalamus, hippocampus, amygdala and locus coeruleus, which are responsible for regulating emotion and formation of memories, affect regulation, and the developmentof attachment. The cognitive aspects of memory and learning are located in the hippocampus, and also engage the autonomic nervous system, whichregulates arousal responses, and the neuroendocrine system. The amygdala is involvedin interpreting and integrating emotion, and processing emotional memories. Research indicates that the effects of traumaalter regions of the limbic system, including the hypothalamic-pituitary-adrenal (HPA) axis, neurotransmitters and the central nervous system. When a traumatic event occurs, the HPA-axis, the prefrontal cortex, which regulates cognitive and emotional responses, the thalamus, which encodes sensory processing, and the hippocampus, where conscious memories of facts and experiences are encoded,are associated with numbing, avoidance, and dissociation (see also Painter & Scannapieco, 2013). i. Integrating research andclinical findings. In cases of delayed disclosure andrecall of child sexual abuse, adults are often triggered by some internal or external event, which may occur within or outside a therapeutic relationship, and may identify their victimization in therapy. Malmo and Laidlaw (2010) conducted a study examining posttraumatic stress symptoms and memory retrieval between twogroups of adults with histories of child sexual abuse, one group couldrecall their molestation and the second group reported norecall of sexual abuse. The authors found that the group that disclosed no consciousrecall of sexual abuse priorto entering therapy, were experiencingsituational triggers in their lives that activated fragmented memories, otherwise knownas flashbacks, whichis consistent with traumatic memories being organized differently from conscious memories. Malmo and Laidlaw (2010) reported that the perceived safety and trust established within therapy facilitated decreasing dissociative amnesia as the client became more empowered, and created a verbally accessible narrative for integrating the fragmentedrecall of abuse. Oncethe participants had conscious memory oftheir abuse, there was an increase in somatic complaints with the realization of their victimization, and they began re- experiencing the original intensity of their betrayal of abuse. When adults who identify consistently recalling their sexual abuse from thelast incident in childhood were comparedto individuals with norecall, the first group were reported to have had more social, intrapersonal, psychiatric and somatic difficulties in different stages of their development. However,in contrast to the participants with no recall, the individuals who recalled their abuse experienced less kinesthetic triggers from sensory memory during and outside of therapy, even though both groups reported recalling perpetrator’s facial expressions, body parts, voice, behaviors and identity. Thus, both groups were affected and experienced their traumadifferently over time, but once the memories wererecalled, sometime within therapy, both groups expressed similar experiences and behaviors that 9 were consistent in triggers, a rise in somatic complaints, and recall of the sexual abuse details. “Dissociation is the current mechanism most commonly used to explain traumatic amnesia followed by recovered memory. Theoretically, dissociation occurs at the time of the trauma, may include conscious or unconscious motivated avoidance, and can lead to a fragmentation of the memory. The memory fragmentation then leads to the individual’s difficulties in retrieval at later dates” (Dalenberg, 2006, p. 290), and are often state dependent. These findings are further supported in neurobiological research exploring suppression of memories. Specifically, the hippocampus andprefrontal cortex, and sensory-perceptual memories are affected as noted above (Andersonet. al, 2004; Dalenberg, 2006). Conclusion Thus, scientific research establishes that a victim of childhood sexual abuse may not appreciate the wrongfulness of the abuse at the time the abuse is occurring. Indeed,it is the case that, due to coping mechanisms designedto deal with the trauma associated with molestation, such victims do not recognize they have been wronged until yearslater. To nevertheless designate the date of the abuse as the point of the six month statute of limitations for filing a Government Tort Claim that would betriggeredin all cases, will result in abuse victims being deprived of any opportunity to recover even though their failure to earlier discover that they were subjected to wrongful conduct was due to a well- documented psychological condition, which wasthe result of the very molestation they seek to assert in their claim. Nothing in logic or the law justifies victimizing abused minors in this mannerby signaling them out for treatment that is harsher than the victims of other torts when it comesto the delayed discovery doctrine. Children’s and adolescents’ brains continue to develop andrestructure into adulthood. However, when children experience traumatic stress there can be a disruption 10 in the neurobiology and neural circuitry that influences cognition, memory, emotion, attachment, and mood (Bremner, 2006; Weiss, 2007), including psychiatric/psychological disorders (Amado, Arce & Herraiz, 2015). The facts presented in Rubenstein are consistent with adults who have experienced dissociative amnesia from severe and complex childhood sexual abuse. Traumatic memories are implicit, perceptual and situationally accessible with triggers that activate fragmented memories (Bremner, 2006; Malmo & Laidlaw, 2010; Weiss, 2007). Adults with childhood sexual abuse can have significant issues with accessing the language required to identify trauma (Brownet. al, 2007; Collin et. al, 2015; Steel et. al, 2004). The dynamics of child sexual abusealter children’s cognitive and emotional orientation, their worldview, and self-concept (Finkelhor, 1985), in addition to developmental trauma to the brain (Bremner, 2006; van der Kolk, 2005; Weiss, 2007) that can cause dissociation and then traumatic amnesia. Dated: December8, 2016 Respectfully submitted, FAMILY VIOLENCE & SEXUAL ASSAULT INSTITUTE AND INSTITUTE ON VIOLENCE, ABUSE & TRAUMA BrittanyGrowell, Psy.D. Amicus Curiae Family Violence & Sexual Assault Institute AndInstitute On Violence, Abuse & Trauma {\ 11 Yhed Belfin | PhD Robert Geffner, Ph.D., ABN, ABPP Licensed Psychologist (Psy 16109 in CA;2- 2019 in TX) Licensed Marriage & Family Therapist (CA) Diplomate in Clinical Neuropsychology and Board Certified in Couple & Family Psychology Founding President, Family Violence & Sexual Assault Institute Founding President, Institute on Violence, Abuse and Trauma Distinguished Research Professor, Alliant International University, San Diego, CA Immediate Past President, American Academy of Couple & Family Psychology Past President/Founding Member, Trauma Psychology Division, American Psychological Assoc. meen fhe Morgan Shaw,Psy.D. Licensed Psychologist (Psy 27516) Clinical and Forensic Training Coordinator Family Violence and Sexual Assault Institute/Institute on Violence, Abuse & Trauma, San Diego, CA Alicia Brav, MAS Clinical and Forensic Intern, Forensic Research Assistant Family Violence and Sexual Assault Institute/Institute on Violence, Abuse & Trauma, San Diego, CA 12 CERTIFICATE OF WORD COUNT The text of this brief contains 2,809 words per a computer generated word- processing program usedto generate the brief. Plt \ Brittanyna Psy.D. 13 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. Iam over the age of 18 and not a party to the within action; my business address is 10065 Old Grove Road, Suite 101, San Diego, California 92131. Onthe date set forth below, I served the foregoing document(s) described as follows: APPLICATION TO FILE AMICUS CURIAE BRIEF AND BRIEF OF AMICUS CURIAE FAMILY VIOLENCE & SEXUAL ASSAULT INSTITUTE AND INSTITUTE ON VIOLENCE, ABUSE & TRAUMAIN SUPPORT OF LATRICE RUBENSTEIN,onthe interestedparties in this action by placing_ the original/ X a true copy thereof enclosed in a sealed envelope(s) addressed as follows: SEE ATTACHED SERVICE LIST [x] BY OVERNIGHT MAIL I deposited such envelopes in the mail at San Diego, California. I am readily familiar with the firm's practice of collection and processing of correspondence for overnight mailing, service or overnight courier service, and thatit is to be delivered to an authorized courier or driver authorized by the overnight mail carrier to receive documents, with delivery fees paid or provided for, that same day, for delivery on the following business day. fx] STATE I declare under penalty of perjury that the foregoingis true and correct. I declare under penalty of perjury under the laws of the State of California that the foregoingis true and correct and that this declaration was executed on December8, 2016 at San Diego, California. 2 . f ! Brittanycompe 14 SERVICE LIST Latrice Rubenstein v. Doe No. 1 (Supreme Court of California, Case No. 8234269) (Court of Appeal, Fourth Appellate District, Div. 1, Case No. D066722) (Imperial County Superior Court, Case No. ECU08107) Richard J. Schneider, Esq. Lee Harris Roistacher, Esq. Daley & Heft, LLP 462 Stevens Avenue,Suite 201 Solana Beach, CA 92075 Telephone: (858) 755-5666 Facsimile: (858) 755-7870 Email: RSchneider@daleyheft.com Leila Nourani, Esq. Sherry L. Swieca, Esq. Douglas M.Egbert, Esq. Jackson Lewis P.C. 725 S. Figueroa Street, Suite 2500 Los Angeles, CA 90017 Telephone: (213) 689-0404 Facsimile: (213) 689-0430 Email: leilanourani@jacksonlewis.com swiecas@jacksonlewis.com egbertd@jacksonlewis.com Louis A. Leone, Esq. Seth L. Gordon, Esq. Leone & Alberts 2175 N. California Blvd., Ste. 900 Walnut Creek, CA 94596 Telephone: (925) 974-8600 Facsimile: (925) 974-8601 Email: lroistacher@daleyheft.com sgordon@leonealberts.com Attorneysfor Defendant and Respondent Doe No. | Attorneysfor Defendant and Respondent Doe No.1 Attorneysfor Amici Curiae Northern California Regional Liability Excess Fund, Southern California Regional Liability Excess Fund, Statewide Association of Community Colleges, and School Association for Excess Risk 15 Elliott N. Kanter, Esq. Attorneysfor Plaintiffand Appellant Law Offices of Elliot N. Kanter Latrice Rubenstein 2445 Fifth Avenue, Suite 350 San Diego, CA 92101 Telephone: (619) 231-1883 Facsimile: (610) 234-4553 Email: ekanter@enkanter.com Court of Appeal (Appellate Court) Fourth Appellate District, Division 1 750 B Street, Suite 300 San Diego, California 92101 Imperial County Superior Court (Trial Court) Hon. Juan Ulloa El Centro Courthouse, Dept. 9 939 W. MainStreet El Centro, CA 92243 16 $234269 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA LATRICE RUBENSTEIN, PlaintiffandAppellant, vs. DOE #1, DefendantandRespondent. AFTER A DECISION BY THE COURT OF APPEAL FOURTH APPELLATE DISTRICT, DIVISION 1, CASE No. D066722 HON. JUAN ULLOA, JUDGE, IMPERIAL COUNTY SUPERIOR COURT, CASE No. ECU08107 AMENDED PROOF OF SERVICE RE APPLICATION TO FILE AMICUS CURIAE BRIEF AND BRIEF OF AMICUS CURIAE FAMILY VIOLENCE & SEXUAL ASSAULT INSTITUTE AND INSTITUTE ON VIOLENCE, ABUSE & TRAUMA IN SUPPORT OF LATRICE RUBENSTEIN Family Violence & Sexual Assault Institute and Institute on Violence, Abuse & Trauma Brittany Crowell, Psy.D. Licensed Psychologist (Psy 28712) Clinical and Forensic Case Manager Professional Clinical & Forensic Services 10065 Old Grove Road, Suite 101 San Diego, California 92131 Phone: (858) 527-1860 x4560 | Fax: (858) 527-1743 IVATpcfs@alliant.edu | www.ivatcenters.org Amicus Curiae FAMILY VIOLENCE& SEXUAL ASSAULTINSTITUTEANDINSTITUTE ON VIOLENCE, ABUSE& TRAUMA PROOFOF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 10065 Old Grove Road, Suite 101, San Diego, California 92131. Onthe date set forth below,I served the foregoing document(s) described as follows: APPLICATION TO FILE AMICUS CURIAE BRIEF AND BRIEF OF AMICUS CURIAE FAMILY VIOLENCE & SEXUAL ASSAULTINSTITUTE AND INSTITUTE ON VIOLENCE, ABUSE & TRAUMA IN SUPPORT OF LATRICE RUBENSTEIN,onthe interested parties in this action by placing_ the original/ X a true copy thereof enclosed in a sealed envelope(s) addressed as follows: SEE ATTACHED SERVICE LIST [x] BY OVERNIGHT MAILI deposited such envelopesin the mail at San Diego, California. I am readily familiar with the firm's practice of collection and processing of correspondencefor overnight mailing, service or overnight courier service, andthatit is to be delivered to an authorized courier or driver authorized by the overnight mail carrier to receive documents, with delivery fees paid or provided for, that same day,for delivery on the following business day. [x] STATE I declare under penalty of perjury that the foregoingis true and correct. I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct and that this declaration was executed on December8, 2016, at San Diego, California. Brittany“Psy.D. SERVICELIST Latrice Rubenstein v. Doe No. 1 (Supreme Court of California, Case No. S234269) (Court of Appeal, Fourth Appellate District, Div. 1, Case No. D066722) (Imperial County Superior Court, Case No. ECU08107) Richard J. Schneider, Esq. Attorneysfor Defendant and Respondent Lee Harris Roistacher, Esq. Doe No.1 Daley & Heft, LLP 462 Stevens Avenue, Suite 201 Solana Beach, CA 92075 Telephone: (858) 755-5666 Facsimile: (858) 755-7870 Email: RSchneider@daleyheft.com Leila Nourani, Esq. Attorneysfor Defendant and Respondent Sherry L. Swieca, Esq. Doe No. 1 Douglas M. Egbert, Esq. Jackson Lewis P.C. 725 S. Figueroa Street, Suite 2500 Los Angeles, CA 90017 Telephone: (213) 689-0404 Facsimile: (213) 689-0430 Email: leila.nourani@jacksonlewis.com swiecas@jacksonlewis.com egbertd@jacksonlewis.com Louis A. Leone, Esq. Attorneysfor Amici Curiae Seth L. Gordon, Esq. Northern California RegionalLiability Leone & Alberts Excess Fund, Southern California 2175 N. California Blvd., Ste. 900 Regional Liability Excess Fund, Walnut Creek, CA 94596 Statewide Association of Community Telephone: (925) 974-8600 Colleges, and School Association for Facsimile: (925) 974-8601 Excess Risk Email: lroistacher@daleyheft.com sgordon@leonealberts.com Elliott N. Kanter, Esq. Law Offices of Elliot N. Kanter 2445 Fifth Avenue, Suite 350 San Diego, CA 92101 Telephone: (619) 231-1883 Facsimile: (610) 234-4553 Email: ekanter@enkanter.com Holly N. Boyer, SBN 221788 Esner, Chang & Boyer 234 East Colorado Boulevard, Suite 975 Pasadena, California 91101 Telephone: (626) 535-9860 Email: hboyer@ecbappeal.com Court of Appeal Fourth Appellate District, Division 1 750 B Street, Suite 300 San Diego,California 92101 Imperial County Superior Court Hon. Juan Ulloa El Centro Courthouse, Dept. 9 939 W. Main Street El Centro, CA 92243 Attorneysfor Plaintiffand Appellant Latrice Rubenstein Attorneysfor Plaintiffand Appellant Latrice Rubenstein (Appellate Court) (Trial Court)
