Alreen Haeggquist

Donna Motsinger’s Verdict and the Power of Civil Justice

I’m encouraged to see that Donna Motsinger prevailed in her civil case against Bill Cosby. Ms. Motsinger expressed that she was happy with the outcome and shared after the trial that feeling believed was deeply important to her.

Cases like this matter because they are examples of how civil justice can sometimes be the only justice a survivor can seek accountability and be heard.

For many survivors they are not able to obtain justice through criminal legal system due to systemic barriers, including:
• A lack of trauma-informed training for those taking initial reports
• High burdens of proof that are difficult to meet, especially in cases involving delayed disclosure
• Non-prosecution agreements, as we’ve seen in both the Cosby and Epstein cases
• Statutes of limitations that do not align with decades of research and lived experience showing it might be decades before a survivor feels safe to come forward.

California has taken meaningful steps by extending statutes of limitations and creating temporary lookback windows. These changes matter. They are the reason Ms. Motsinger was able to pursue her case.

But the truth is trauma does not operate on a deadline.

The impact of sexual violence can last a lifetime. Survivors deserve the opportunity to seek justice when they are ready without being barred by arbitrary time limits.

Accountability should not expire. And neither should a survivor’s right to be heard.

Why Survivors Don’t Report

There is a reason #WhyIDidntReport went viral, generating more than 700,000 tweets from survivors sharing their stories.

People who experience sexual harassment at work or sexual assault outside of work often ask themselves the same question: “Will anyone believe me?”

The reality is that there are countless reasons survivors do not report immediately—or at all.

Fear of retaliation. Fear of losing a job. Fear of being blamed. Fear of reliving the trauma. Fear that nothing will happen. Fear that the person responsible will be protected while they are questioned, scrutinized, and disbelieved.

And sometimes survivors look around and see examples that reinforce those fears.

Recently, former Colorado DNA analyst Yvonne “Missy” Woods pleaded guilty after being accused of manipulating and mishandling DNA data in criminal cases, including sexual assault investigations. The misconduct cast doubt on hundreds of cases and shook confidence in a system survivors are often told to trust.

When survivors see headlines like these, it is not difficult to understand why reporting can feel overwhelming or even futile.

If you did not report what happened to you, that does not mean it did not happen.

If you waited years to come forward, that does not make your experience any less real.

If you never reported, that does not excuse the person who harmed you.

The responsibility belongs to the perpetrator, not the survivor.

To anyone carrying the weight of sexual harassment or sexual assault: your decision about whether, when, and how to report is yours. There is no perfect victim. Unfortunately, there can be statutes of limitations for taking legal action.

What happened to you was wrong.

And whether you reported or not, we stand with you.