Shari Karney
Encyclopedia
Shari Karney is an American
attorney, incest
-survivor activist, and bar exam review company owner.
in Los Angeles
.
, sent her to jail for two days and ordered her into therapy
. It was in therapy that she remembered her own childhood molestation by her brother and her father, who was a writer. Shari's brother and father have denied her allegations. Nevertheless, she vowed to help other incest
victims fight their abusers in court.
. However, Shari found it difficult to win these cases when the courts had a statute of limitations
on victims of one year from their 18th birthday to sue. One problem is that incest survivors often were too young at 19 years old to have the means to bring suit. Also, some survivors, like Shari, had repressed the painful memories and did not remember them until they were older and the statute of limitations
had run out. She decided she would have to change the law in order to get justice for these victims.
fought for passage of Senate Bill 108. During the Senate hearings, Shari testified to her own molestation by her father and brother.
The California law, which amended California Civil Code
section 340.1 and took effect Jan. 1, 1991 permits "delayed discovery" of childhood sexual abuse decades after that abuse has occurred.
Under the new law the statue of limitations age has been raised to 26 years old. After age 26, a "delayed discovery" provision allows a person who has suppressed their emotional trauma to sue within three years of discovering the abuse. For example, a middle-aged person can now sue his or her elderly parent for sexual trauma caused at age 4, in the same manner as victims of other delayed-discovery injuries, such as asbestos
poisoning. Six other states have also passed similar laws.
Some psychologists and therapists of incest survivors see lawsuits as a last resort or capable of causing more damage because it cuts the victim off from the family or because the experience may even compound the victimization based on the difficult burden of proof in a court of law, and the often brutal experience of cross-examination by defense lawyers.
bought the rights to her story and developed a movie called Shattered Trust: The Shari Karney Story
. The movie was released in 1993 as a television film directed by Bill Corcoran and starring Melissa Gilbert
as Shari Karney. The film garnered generally positive reviews.
From 2000-2001 Shari also appeared on the American
syndicated TV "court show" Power of Attorney as one of the rotating high profile attorneys.
— formerly called the "Karney Writing Course." Barwinners is a company in California
that offers a preparation course in the six major areas covered on the Multistate Bar Examination (MBE) along with additional lectures on the specific law of the state, specializing in the California Bar Examination, repeat bar exam takers, and personalized attention. She started the company 28 years ago to supplement her income while trying the incest survivor cases but it has developed into her main source of income when she stopped practicing in order to educate attorneys and the public about their rights under SB 108.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
attorney, incest
Incest
Incest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...
-survivor activist, and bar exam review company owner.
Early life and education
Shari grew up in Southern California. She graduated with a B.A. from University of California Los Angeles then went to law school and graduated with her J.D. from Loyola Law SchoolLoyola Law School
Loyola Law School is the law school of Loyola Marymount University, a private Catholic university in the Jesuit and Marymount traditions, in Los Angeles, California. Loyola was established in 1920. Like Loyola University Chicago School of Law and Loyola University New Orleans College of Law , it...
in Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
.
Discovering repressed incest
While practicing as an attorney in 1983, Shari was asked by a mother to take on a child custody case where the mother thought her 3-year-old daughter was being sexually abused by her ex-husband. While she was questioning the ex-husband on the stand during cross-examination regarding the incest she began to scream and yell and lose control without understanding why. As the witness talked, Shari became nauseated and sweaty. She kept hearing the sound of typing in the back of the courtroom, but no one was there. When the witness gave an excuse for touching his daughter's genitals, she screamed, "These men just get away with it!" and leapt into the witness box and tried to strangle him. The judge cited her for contemptContempt
Contempt is an intensely negative emotion regarding a person or group of people as inferior, base, or worthless—it is similar to scorn. It is also used when people are being sarcastic. Contempt is also defined as the state of being despised or dishonored; disgrace, and an open disrespect or willful...
, sent her to jail for two days and ordered her into therapy
Therapy
This is a list of types of therapy .* Adventure therapy* Animal-assisted therapy* Aquatic therapy* Aromatherapy* Art and dementia* Art therapy* Authentic Movement* Behavioral therapy* Bibliotherapy* Buteyko Method* Chemotherapy...
. It was in therapy that she remembered her own childhood molestation by her brother and her father, who was a writer. Shari's brother and father have denied her allegations. Nevertheless, she vowed to help other incest
Incest
Incest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step...
victims fight their abusers in court.
Incest survivor activism
Shari began taking incest survivor cases helping the victims sue their families in civil court to win legal compensation in order to be reimbursed for therapy and other costs. When victims couldn't pay, Shari would finance the suits herself with income from her bar review course, BarwinnersBarwinners
Barwinners is a company in the United States that offers a bar exam preparation course. The program is a comprehensive seven-week course covers the six major areas covered on the Multistate Bar Examination — torts, contracts, real property, evidence, criminal law, and constitutional law — along...
. However, Shari found it difficult to win these cases when the courts had a statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
on victims of one year from their 18th birthday to sue. One problem is that incest survivors often were too young at 19 years old to have the means to bring suit. Also, some survivors, like Shari, had repressed the painful memories and did not remember them until they were older and the statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
had run out. She decided she would have to change the law in order to get justice for these victims.
Senate Bill 108
From 1985 until 1991 Shari, along with San Francisco attorney Mary R. Williams and California State Senator Bill LockyerBill Lockyer
William Westwood "Bill" Lockyer is an American politician. He is the current 32nd State Treasurer of California, elected in 2006 and re-elected in 2010. He has also served as California Attorney General and President Pro Tempore of the California State Senate...
fought for passage of Senate Bill 108. During the Senate hearings, Shari testified to her own molestation by her father and brother.
The California law, which amended California Civil Code
California Civil Code
The Civil Code of California is a collection of statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of California...
section 340.1 and took effect Jan. 1, 1991 permits "delayed discovery" of childhood sexual abuse decades after that abuse has occurred.
Under the new law the statue of limitations age has been raised to 26 years old. After age 26, a "delayed discovery" provision allows a person who has suppressed their emotional trauma to sue within three years of discovering the abuse. For example, a middle-aged person can now sue his or her elderly parent for sexual trauma caused at age 4, in the same manner as victims of other delayed-discovery injuries, such as asbestos
Asbestos
Asbestos is a set of six naturally occurring silicate minerals used commercially for their desirable physical properties. They all have in common their eponymous, asbestiform habit: long, thin fibrous crystals...
poisoning. Six other states have also passed similar laws.
Opposition
Opponents of SB 108 included California Defense Council, an association of defense lawyers, many of whom are employed by insurers because an abuser's legal fees and some settlement costs would most likely be covered by homeowner insurance policies since most incest occurs in the home. School districts also opposed SB 108 since the bill broadened liability to molesters not related to the victim.Some psychologists and therapists of incest survivors see lawsuits as a last resort or capable of causing more damage because it cuts the victim off from the family or because the experience may even compound the victimization based on the difficult burden of proof in a court of law, and the often brutal experience of cross-examination by defense lawyers.
Shattered Trust: The Shari Karney Story
In 1991, NBCNBC
The National Broadcasting Company is an American commercial broadcasting television network and former radio network headquartered in the GE Building in New York City's Rockefeller Center with additional major offices near Los Angeles and in Chicago...
bought the rights to her story and developed a movie called Shattered Trust: The Shari Karney Story
Shattered Trust: The Shari Karney Story
Shattered Trust: The Shari Karney Story is a 1993 television film directed by Bill Corcoran. The film, which is based upon a true story, garnered generally positive reviews...
. The movie was released in 1993 as a television film directed by Bill Corcoran and starring Melissa Gilbert
Melissa Gilbert
Melissa Ellen Gilbert is an American actress, writer, and producer, primarily in movies and television. Gilbert is best known as a child actress who co-starred as Charles Ingalls's second daughter, Laura Ingalls Wilder, on the dramatic television series Little House on the Prairie...
as Shari Karney. The film garnered generally positive reviews.
Television appearances
In 1991 Shari appeared on The Oprah Winfrey Show, Geraldo, Today, Home Show, Larry King Live, and ABC Primetime television programs to educate members of the public about their new legal rights under SB 108.From 2000-2001 Shari also appeared on the American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
syndicated TV "court show" Power of Attorney as one of the rotating high profile attorneys.
Barwinners
Today, Shari owns and operates her bar exam review company, BarwinnersBarwinners
Barwinners is a company in the United States that offers a bar exam preparation course. The program is a comprehensive seven-week course covers the six major areas covered on the Multistate Bar Examination — torts, contracts, real property, evidence, criminal law, and constitutional law — along...
— formerly called the "Karney Writing Course." Barwinners is a company in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
that offers a preparation course in the six major areas covered on the Multistate Bar Examination (MBE) along with additional lectures on the specific law of the state, specializing in the California Bar Examination, repeat bar exam takers, and personalized attention. She started the company 28 years ago to supplement her income while trying the incest survivor cases but it has developed into her main source of income when she stopped practicing in order to educate attorneys and the public about their rights under SB 108.