Child sexual abuse lawsuits against the late Michael Jackson may be revived under a new California law extending the statute of limitations on such cases. A state appellate court appears likely to reinstate two claims that had previously been dismissed because the statute of limitations had passed. Although Jackson has been dead for more than a decade, alleged victims may still be able to file claims thanks to new legislation allowing those claiming to have been abused or sexually assaulted as children to sue until their 40th birthday or within 5 years of recovering memories of the event, whichever is later.

The law, which was signed by state governor Gavin Newsom in October, also allows survivors a three-year window in which to bring legal action even if the statute of limitations has expired. Similar laws have recently been passed in New York and New Jersey.

The Victims

The plaintiffs in the soon-to-be-revived lawsuits are James Safechuck and Wad Robson, whose stories were featured in the HBO documentary Leaving Neverland (the title a reference to Jackson’s private ranch/amusement park in Los Olivos, Calif.). According to director Dan Reed, the film is “[a] study of the psychology of child sexual abuse, told through two ordinary families … groomed for twenty years by a pedophile masquerading as a trusted friend.”

Safechuck and Robson say they were victims of child sexual abuse at the hands of Jackson in the late 1980s and early 90s. In the film, they offer lurid accounts of masturbation, fellatio and anal sex that took place when they were with Jackson at his home as well as other places. However, they say that at the time, they considered Jackson’s actions to be “romantic,” not realizing they were victims of assault until they were older. Appearing on CBS This Morning, Safechuck said, “There’s no alarm bells going off in your head…it’s just, ‘I love this person and we’re trying to make each other happy.’ But even as a kid, you don’t even know what that means.”

The plaintiffs also claim that Jackson attempted to “brainwash” them and separate them from their families.

Robson, now a celebrity choreographer, finally acknowledged his abuse to a therapist after suffering two nervous breakdowns and having a son of his own. He filed a lawsuit against the Jackson estate in 2013, but the case was dismissed because of the statute of limitations. Safechuck’s complaint was dismissed in 2017.

Prior to his death in 2009, Jackson vehemently denied all accusations. His surviving family members reportedly continue to defend him; his nephew, Taj, who says he attended several of Jackson’s “sleepovers” growing up, is attempting to raise money to make his own documentary in rebuttal.

Reviving Child Sexual Abuse Cases

Although California’s new law does not go into effect until January, the plaintiffs’ attorney, Vince Finaldi, is confident that his clients’ cases will be reinstated. In an interview, Finaldi told the media, “The court essentially said… ‘We have no choice but to reverse the decision.’”

Counsel for the Jackson estate, while acknowledging that the law is helpful for “genuine victims” of child sexual abuse, says that Robson and Safechuck’s allegations have no merit, and believe that their claims will again be dismissed.

This article is not legal advice. It is presented
for informational purposes only.