A Michigan bill inspired by the Larry Nassar scandal that would
retroactively extend the amount of time child victims of sexual abuse
have to sue their abusers is drawing concerns from the Catholic Church,
which has paid out billions of dollars to settle U.S. clergy abuse
cases.
Michigan Catholic Conference spokesman David Maluchnik confirmed
Tuesday that extending the statute of limitations is “of concern” to the
church’s lobbying arm, but he withheld further comment until the bill’s
impact could be fully reviewed. He said the group supports other parts
of a 10-bill package introduced Monday, including a measure that would
add more people to the list of those who must report suspected abuse to
child protective services.
,,,
Republican Senate Majority Leader Arlan Meekhof said that the
Catholic Church is concerned that the statute of limitations bill could
“open up other things that have been closed,” and “I think they have
some valid concerns.” He declined to say if he wants to amend the
legislation, though.
It is unknown how many victims of sexual abuse would benefit from the
measure, or the potential financial implications for the Catholic
Church.
Bill spurred by Nassar scandal concerns Catholic Church
Welcome to H&C,,, where I aggregate news of interest. Primary topics include abuse with "the church", LGBTQI+ issues, cults - including anti-vaxxers, and the Dominionist and Theocratic movements. Also of concern is the anti-science movement with interest in those that promote garbage like homeopathy, chiropractic and the like. I am an atheist and anti-theist who believes religious mythos must be die and a strong supporter of SOCAS.
Showing posts with label Statute of Limitations. Show all posts
Showing posts with label Statute of Limitations. Show all posts
Sunday, March 4, 2018
Saturday, June 25, 2016
Catholic League President celebrates defeat of Child Victims Act - NY Daily News
If my vague recollection serves me correctly, both Pennsylvania and New York were both seeking an extension of the statute of limitations in regards to church sex abuse against children. Due to my self imposed exile, I am not familiar with the arguments from either side. What I did find telling was this part of Donohoe's statement noted by NY Daily News:
Let's remove the denominational bias for the moment, as we all know this is not just a Catholic problem, and the fact that the Catholic League is independent organization that does not speak authoritatively for the Church. I have this question to ask of Mr Donohoe: Are you fucking human?
Catholic League President celebrates defeat of Child Victims Act - NY Daily News
“If the statute of limitations were lifted on offenses involving the sexual abuse of minors, the only winners would be greedy and bigoted lawyers out to line their pockets in a rash of settlements,” Donohue railed. “The big losers would be the poor, about whom the attorneys and activists care little: When money is funneled from parishioners to lawyers, services to the needy suffer. “Well Mr Donohoe, maybe if your church didn't have a 50+ year history of cover-up that has finally hit the light of day, you wouldn't feel as if your money cow was being "raped".
Let's remove the denominational bias for the moment, as we all know this is not just a Catholic problem, and the fact that the Catholic League is independent organization that does not speak authoritatively for the Church. I have this question to ask of Mr Donohoe: Are you fucking human?
Catholic League President celebrates defeat of Child Victims Act - NY Daily News
Sunday, March 6, 2016
Alleged sexual abuse victims want dismissals reversed - News - providencejournal.com - Providence, RI
The Rhode Island Supreme Court heard arguments Tuesday in an
appeal involving repressed memory claims of child sexual-abuse against
the Roman Catholic Diocese of Providence. The claims brought by Helen L.
(McGonigle) Hyde and Jeffrey Thomas in 2008 date to the 1960s, when
they were both between 6 and 9 years old.
Hyde, of Connecticut, and Thomas, of Massachusetts, are jointly asking the court to reverse dismissal of their lawsuits against the diocese. A Superior Court judge found that the statute of limitations had elapsed.
,,,
The case in part hinges on whether repressed memory alone constitutes a form of "unsound mind"; or whether unsound mind also requires that a person be incapable of handling day-to-day affairs. The trial court determined the latter is necessary in order to stop the clock from ticking on the statute, as it relates to "non-perpetrator defendants."
Alleged sexual abuse victims want dismissals reversed - News - providencejournal.com - Providence, RI
Hyde, of Connecticut, and Thomas, of Massachusetts, are jointly asking the court to reverse dismissal of their lawsuits against the diocese. A Superior Court judge found that the statute of limitations had elapsed.
,,,
The case in part hinges on whether repressed memory alone constitutes a form of "unsound mind"; or whether unsound mind also requires that a person be incapable of handling day-to-day affairs. The trial court determined the latter is necessary in order to stop the clock from ticking on the statute, as it relates to "non-perpetrator defendants."
Alleged sexual abuse victims want dismissals reversed - News - providencejournal.com - Providence, RI
EXCLUSIVE: Teacher accused of abusing 52 boys now lives in Salt - Hawaii News Now - KGMB and KHNL
The crux of the matter, ",,,the criminal statute of
limitations expired for most of these sex crimes, very very few Catholic
priests, brothers and other clerics went to jail,,,." With that in mind, this is now a civil matter being handled by Pfau Cochran Vertetis Amala PLLC who have compiled the attached concerning Courtney. But as the article states, "[a] mediation process for 40 Hawaii lawsuits brought against the Catholic
Church and some Catholic schools by 63 plaintiffs is coming to a
close. Sources said settlements in the cases are expected cost the
church and schools more than $20 million."
A longtime Catholic school teacher accused of molesting dozens of boys in three states for decades is living on Oahu, but his name and those of priests accused of sexual misconduct are not listed in the state’s sex offender registry.EXCLUSIVE: Teacher accused of abusing 52 boys now lives in Salt - Hawaii News Now - KGMB and KHNL
Catholic schoolteacher brother Edward Courtney is accused of sexually abusing more than 50 boys from New York to Chicago to Seattle over three decades.
"Sadly, while bad, it's not alone. There are other priests who have molested hundreds of kids," said Michael Pfau, a Seattle-based attorney who has represented hundreds of alleged victims of Catholic clergy and teachers, including 52 men in the Courtney case.
In 2013, Courtney, 81, moved to Oahu and now lives in an apartment on Likini Street in Salt Lake.
But you won't find Courtney's name or that of any priests accused of sexual molestation in Hawaii's Sexual Offender Registry, because they were never convicted of a crime.
“Because the criminal statute of limitations expired for most of these sex crimes, very very few Catholic priests, brothers and other clerics went to jail," said Pfau, who represented 52 men who sued Courtney, claiming he abused them when they were children.
Extended rape statute of limitation approved by state House - The Eagle: Nation
Although there is not much meat to the following, it is good news that states are looking to extend the statute of limitations in regards to sexual assault.
See also:: Two assault bills to hit Senate Floor
A bill to double Colorado's statute of limitations on sexual assaults from 10 years to 20 years has won initial approval in the state House.Extended rape statute of limitation approved by state House - The Eagle: Nation
One more vote sends the bill to the Senate.
See also:: Two assault bills to hit Senate Floor
Friday, March 4, 2016
The Statue [sic] of Limitations for Child Sexual Abuse Victims in Civil Court Could Extend - Murfreesboro News and Radio
As far as I can tell this legislation has passed as of 3/2/2016. I will update as information becomes available.
The bill as proposed by Representative Daren Jernigan, extends the statue of limitations for civil actions against the accused child rapist or person who committed sexual crimes against a child.The Statue [sic] of Limitations for Child Sexual Abuse Victims in Civil Court Could Extend - Murfreesboro News and Radio
In civil litigation, the victim of a child sexual attack can file suit against the suspect for illnesses or injuries related to the abuse, even though the abuse occurred when the victim was a child and did not come forward with the allegations until adulthood. The bill will extend the statute of limitations by three years from the date of discovery.
Currently, victims of child sexual abuse only have one year to file a civil claim after the discovery of the reported crime. One in ten children are victims of sexual abuse by the time they turn 18 in Tennessee, according to the Child Advocacy Center of Rutherford and Cannon Counties.
City prosecutors allege sex crimes mishandled
When politics come to play, it is never pretty,,,
H/T:: In the Name Of god - The Podcast
The man looking to unseat Fairfield County Prosecutor Gregg Marx said his candidacy was spurred in part by four recent cases where men admitted to molesting a child but were not charged with felonies.City prosecutors allege sex crimes mishandled
The child victims ranged from a 3-year-old girl to a 13-year-old developmentally-delayed boy. In each of the cases, the suspect was either a caregiver, relative, a daycare provider or a church youth mentor/pastor.
The crimes occurred as far back as the early 2000s, but were denied felony prosecution in the last two years by Marx and his office. Marx's office has full discretion when it comes to seeking felony indictments from a grand jury, but the Lancaster Law Director and city prosecutor's office, which deals only in misdemeanor offenses, believes too many serious cases are being rejected for felony charges.
Kyle Witt, an assistant prosecutor in the city prosecutor's office, said the lack of prosecution in certain cases is one of the main reasons he is running against Marx in the upcoming March 15 Republican primary election. Witt and Senior City Prosecutor Stephanie Hall pointed to the four child molestation cases as some of the most serious acts that received no felony prosecutorial action.
H/T:: In the Name Of god - The Podcast
Wednesday, March 2, 2016
ADDENDUM::Inside the Investigation into Child Sexual Abuse at Sovereign Grace Ministries | TIME
The only way to introduce this print interview is by the authors own words:
Unlike the hierarchical Catholic Church, evangelical churches often function independently. But their influence is widespread—as Stanley points out, Wayne Grudem, an evangelical theologian at Phoenix Seminary, once described Sovereign Grace Ministries “as an example of the way churches ought to work.”The point that, over the course of the past few years, has been driven home by the numerous postings made by this blog. Sexual abuse is not just a Catholic problem:
In response to the Washingtonian investigation, executive director of Sovereign Grace Churches Mark Prater pointed TIME to a lengthy statement he made in 2014 denying that Sovereign Grace leaders “conspired to cover up” sexual abuse. “Yes, we have been the target of misinformed critique in both the secular and Christian media, and more will likely come,” he stated. “I pray that God gives us all grace to respond wisely and biblically. But regardless of the public discourse, we are strongly committed to ensuring a safe environment for the children in our churches.”
In a statement to TIME, Mark Mitchell, the executive pastor of Covenant Life Church, said that along with the broader educational community the church had learned much over the last few decades about how to respond to reports of abuse and care for victims and families. “Our interaction with civil authorities has been instrumental in shaping our policies and procedures for the protection and care of children. When a pastor, staff member or volunteer has reason to believe a child is the victim of abuse or neglect, our policy requires those individuals to report it immediately to civil authorities,” he said. “Every Sunday, hundreds of families participate in our church services and entrust their children to the care of our staff and volunteers. We will continue to work hard to ensure our church is a place of safety for children and a place of healing for victims.”
The Catholic Church has been taken to task over abuse for decades now. Evangelical ministries are now facing their own abuse crises. In the media, we’re hearing more about these stories. Some of these allegations confront abuse that is decades old. From just the past year, I’m thinking of reports about Josh Duggar of 19 Kids and Counting and Bill Gothard, a Christian homeschooling advocate. I’m also thinking about Buzzfeed’s recent story on Jesus People USA [posted here] and Kiera Feldman’s 2012 investigation of abuse in a Tulsa megachurch. (Of course, other religions are not immune from sexual abuse scandals either.)A final point that caught my attention revolves around what Dias refers to as "sexual ethic" centering around the book I Kissed Dating Goodbye by Joshua Harris. The conclusions made by Stanley (the author of the preceding piece) mirror my initial thoughts concerning the Bill Gothard/Josh Duggar debacle.
The sad reality is that sexual abuse is widespread everywhere, not just in religious communities. The statistics I saw were one-in-four girls and one-in-six boys will be sexually abused before the age of 18. The experts I spoke to didn’t say these statistics are worse in evangelical churches, but they did say that abusers could prey on trusting religious communities, which give them access to children. That’s why churches need policies in place to protect children and handle abuse when it happens. That means reporting suspected abuse to authorities immediately, instead of handling it internally. Abuse is a sin, but it’s also a serious crime.
I can’t speak to all of evangelicalism, but I can say there are troubling messages sent to sex-abuse survivors in church cultures that prize abstinence until heterosexual marriage. What does a young girl make of her “purity” if her father molests her? What does a young boy think if a male church member sexually assaults him? Churches that advocate a conservative sexual ethic should address those messages.Inside the Investigation into Child Sexual Abuse at Sovereign Grace Ministries | TIME
Does this kind of circumscribed sexual environment give way to more sexual abuse? Some people I talked to say, yes, this is repression and it leads to abuse and acting out sexually. All the perpetrators from my story were male—several were teenage boys—and they were members of a ministry that advocated strict sexual mores. Books like I Kissed Dating Goodbye promote courtship. Modesty is important. Abstinence is too. Underpinning much of these teachings is a patriarchal understanding of Christianity, where men are in charge. In a perfect world, those power dynamics would not be abused, but as Christians teach: We’re not living in a perfect world.
Tuesday, March 1, 2016
New bill could have big affect on child sexual abuse cases | Local News - KCCI Home
A new Iowa law being proposed by lawmakers would remove the statute of limitations for victims filing criminal charges in sexual abuse cases.
Right now, the statute of limitations for pressing charges is 10-years after the victim's 18th birthday. After that point, you can't file criminal charges.
Jessica Henderson said she was sexually abused by a family member for nine years from age 6 to 14. Right now, Iowa law prevents her from pressing charges in the case.
"I believe everything that has destroyed my life and made me feel like this, made me feel like nothing is from the abuse," said Henderson.
,,,
Petersen is backing the bill that would eliminate the criminal statute of limitations.
The bill passed in the Iowa Senate last session and has been sitting in the House awaiting consideration.
"If you're really looking at the safety of children and making sure we are protecting Iowa children, you would favor this bill," said Petersen.
New bill could have big affect on child sexual abuse cases | Local News - KCCI Home
Thursday, February 25, 2016
Understanding Georgia's hidden predator act | savannahnow.com
In March 2015, the Georgia House of Representatives made it easier for victims of childhood sexual abuse to file lawsuits when the legislature passed House Bill 17 with overwhelming support.
Georgia previously had a relatively short statute of limitations on childhood sexual abuse claims. As a result, many victims were unable to bring charges against their abusers later in life. The law, which went into effect in July 2015, extends the window of time for child sex-abuse victims to file a lawsuit and seek damages.
The new law provides a two-year discovery rule, which allows a survivor of child sexual trauma to file suit from the date they discover a sexual assault, which can be important in cases of repressed memory.
This provision is designed to address the fact that many individuals repress these traumatic experiences until they are adults when therapy can bring these incidents to light. Now, these individuals can gain access to sealed criminal investigations in which they were the victim.
According to the Hidden Predator Law, individuals who have already missed both the statute of limitations and the new two-year provision can now act on a one-time retroactive window of opportunity to file a civil suit against the perpetrator. The window opened on July 1, 2015, and will close on July 1, 2017.
Understanding Georgia's hidden predator act | savannahnow.com
Sunday, February 7, 2016
Sen. John Cooke works to remove 10-year sex-assault statute of limitations | GreeleyTribune.com
Greeley’s Sen. John Cooke, the former Weld County Sheriff, wants to remove the statute of limitations on sexual assault crimes.
The
Republican senator is working across the aisle with Rep. Rhonda Fields,
D-Aurora, to completely repeal Colorado’s 10-year statute of
limitations on felony sexual assault crimes, such as rape.
Although
the bill has garnered a lot of attention in the wake of the sex-abuse
allegations against actor Bill Cosby — including allegations from at
least two Colorado women — advances in technology and evidence
collection motivate Cooke, he said.
“Law
enforcement is like any other profession. You grow and you learn, and
there are always new ways to investigate,” he said Thursday. “Evidence
collection is better than it was 20 years ago, 30 years ago, and it
continues that way all the time.”
,,,
"Well, that’s not the case when we have
this type of physical evidence, and we have DNA. We can solve these
(sexual assault) cases years down the road,” he said. “Rape is such a
crime of violence. For God’s sake, forgery doesn’t have a statute of
limitations, but rape does, so we need to do a little better job.”
Removing
the statute of limitations wouldn’t immediately bring every felony
sex-assault case into court. It would give prosecutors the option to
bring a case to court that occurred more than 10 year ago if they think
it’s provable, said Weld District Attorney’s Office spokeswoman Kimberly
Corban, herself a sex-assault survivor.
Scientific
advances in DNA evidence collection and retention, means many
sex-assault cases can be investigated and prosecuted well past the
current statute of limitations.
It is always going to be in the best interest of the victims — and the
public — to give prosecutors the discretion to try a case, not let the
statute of limitations decide what goes to court, she said.
Sen. John Cooke works to remove 10-year sex-assault statute of limitations | GreeleyTribune.com
Monday, January 25, 2016
‘I Was 13 When Marc Gafni’s Abuse Began’ - Opinion – Forward.com
I haven't posted concerning the Gafni affair as of yet as it came to the fore whilst on hiatus; I will be correcting that error in due time. Kabakov's experience needs to be seen and heard.
With all the accounts that have come out about Marc Gafni, the former rabbi and spiritual guru, you may wonder what more I have to offer. But this story is not over, even if Gafni never teaches or abuses again.‘I Was 13 When Marc Gafni’s Abuse Began’ - Opinion – Forward.com
Right now there are children in the Jewish world, and in other communities, who are being abused and forced into silence. Their parents and teachers don’t know what is happening.
I know, because it happened to me. I am the woman Gafni molested when she was 13 years old. This is the first time I am telling my story in my own name.
,,,
After our first lesson, he proceeded to tell me how “special” I was, and that he really liked me. I got a weird feeling about this, but, being inexperienced with adult men, I didn’t have a clue how to respond. Soon he was not only showering me with attention, but also earnestly insisting that I keep our friendship a secret. He said that if my parents knew about it, they would blame me for associating with him, and that I would be shamed in my community. I didn’t understand why. He hadn’t touched me yet, but I now see that he was grooming me into being silent and fearful. He convinced me that I had to be loyal to him and “not tell” about how he felt about me. In retrospect, I see that he was manipulating me, had hooked me into an emotional trap, ensuring that I would not tell my parents or teachers.
,,,
It’s hard to describe the complex emotions I felt in that moment. My molester had finally decided to stop abusing me, to leave me alone, to move on. You might imagine that I would feel great relief; in fact, the full weight of the abuse I had endured in silence came crashing down on me. I was left with this horrible experience, yet with no one to talk to about it, with no language to express it. And he was retreating not because I had somehow managed to make him stop, but because he decided it just wasn’t worth the risk anymore. He was terrified that he would do more to me and get me pregnant; then there would be no way to keep his secret.
Yet I also felt elated that I had survived and that the psychological reign of my abuser was over. I would no longer be badgered by Gafni’s teshuvah rhetoric, would no longer be forced to hear about his tormented struggle with his perverse sexuality and his Judaism. I would no longer be woken up from sleep, no longer have to fight, and fail, to keep him away from my body.
But I was no longer part of the normal, oblivious world of my friends and classmates. I was now set apart from them in a way that none of them knew or, as far as I could imagine, would ever know. I could not feel connected to anyone, or to my school or synagogue.
,,,
Attempts to revoke the New York‘s statute of limitations have been resisted by the strategic alliance between the Catholic Church and Agudath Israel of America, a group representing ultra-Orthodox Jews. Both have an eye on the cost of an outpouring of old allegations once that statute is lifted. But sadly, they are not concerned with how the law as it stands today keeps abusers in place, and keeps children unprotected. When the chief concern within religious communities is to maintain the status quo and not make waves in the media, we cannot depend on those communities to be looking out for children’s best interest.
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