A woman who may have developed Post Traumatic Stress Disorder (PTSD) after she was sexually abused for more than a decade by an Orange County pastor is barred from winning her lawsuit because she waited too long to file the case.
According to a ruling this week by a three-justice panel at a California Court of Appeal based in Santa Ana, Superior Court Judge James Di Cesare correctly ended Carol Ann Carlson's case for statute of limitation reasons after she waited at least nine years to make her claims.
The 52-year-old Carlson, who is named in the court documents because she was in her 30s and 40s when the sexual abuse occurred and publicly identified herself a victim, contended that Pastor Jack Loo and The Presbyterian Church of the Master in Mission Viejo traumatically abused her for 11 years while she sought religious counseling.
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According to Carlson's lawsuit, Loo abused his position as a trusted
therapist and the church abused its authority by negligently supervising
the pastor.
In a pre-lawsuit press conference, Carlson and her allies had declared that “during a particularly vulnerable point in [the victim's] life, [Pastor Loo] manipulated [her] for his personal sexual gratification and had sex with her against her will.”
But the appellate court determined that Carlson's
complaint fell under the legal requirement that it be filed within a
two-year period of the abuse.
The justices also noted that
Carlson gave inconsistent statements about the alleged PTSD diagnosis
during a deposition conducted by church lawyers.
She must now pay the church for its legal costs to fight her appeal, according to court records.
In their monthly newsletter, church officials note that Loo is no longer working at that church.
(Follow OC Weekly on Twitter @ocweekly or on Facebook!)
–R. Scott Moxley
CNN-featured investigative reporter R. Scott Moxley has won Journalist of the Year honors at the Los Angeles Press Club; been named Distinguished Journalist of the Year by the LA Society of Professional Journalists; obtained one of the last exclusive prison interviews with Charles Manson disciple Susan Atkins; won inclusion in Jeffrey Toobin’s The Best American Crime Reporting for his coverage of a white supremacist’s senseless murder of a beloved Vietnamese refugee; launched multi-year probes that resulted in the FBI arrests and convictions of the top three ranking members of the Orange County Sheriff’s Department; and gained praise from New York Times Magazine writers for his “herculean job” exposing entrenched Southern California law enforcement corruption.
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