DES MOINES, Iowa (AP) — The IowaSupreme Court on Friday ordered a district court judge to dismiss a lawsuit against theNew London school district filed by a woman alleging she was molested by a female coach years ago.
In the 4-3 decision the court said the woman’s case must be dismissed because she had not filed the lawsuit within the time allowed by state law.
The woman is identified as Jane Doe in the lawsuit. She is represented by Des Moines attorney Roxanne Conlin, who argued that in damage lawsuits against school districts the common law discovery rule should apply. That rule gives victims up to two years from the time they discover damage to sue.
The court declined to overturn previous court rulings that have held that lawsuits against local governments must be filed within two years of when damage occurs.
The woman, who graduated from high school in 2004, said she didn’t know the sexual relationship with her coach was the cause of emotional problems until after she saw a psychologist in 2011. She filed suit in 2012.
The woman, now in her 20s, says she was 14 when Gina Sisk, her teacher and track coach first began to make sexual advances which led to sex acts continuing until she graduated.
Conlin also argued the woman was 14 when the incidents began which qualifies her for an extended statute of limitations in Iowa law for child sex abuse victims. It allows lawsuits to be brought within four years from the time the victim discovers an injury.
The court also rejected that argument saying it has long upheld previous rulings that define child in sex abuse cases as as a person under the age of 14.
Justices Brent Appel and Daryl Hecht signed on to a dissenting opinion written by David Wiggins, who said the case should go to trial.
He said the previous courts have erroneously upheld the younger-than-14 definition of a child in sex abuse cases while other sections of Iowa law define a child as anyone under 18.
He said the court shouldn’t stand on previous decisions simply “to maintain a clearly erroneous statutory interpretation just because we used that interpretation in the past.”
Conlin did not immediately respond to a message. Steven Ort, the attorney representing the school district, said the district was pleased with the court’s decision.
Conlin also has filed a similar lawsuit on behalf of the woman in federal court. Trial has been set for January in Davenport.
Sisk, who has denied the sexual relationship, was dropped from the state and federal lawsuits in April after an undisclosed settlement was reached with the woman.
“It’s been a long difficult process for her and she’s pleased to see the Supreme Court make the decision that it did,” Sisk’s attorney, Tammy Gentry said.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2014-06-22 17:16:052014-06-22 17:16:05Iowa Supreme Court dismisses coach sex abuse case By DAVID PITT, Associated Press
HONOLULU — Hawaii Gov. Neil Abercrombie signed 16 bills into law Friday afternoon on proposals ranging from modernizing the electric grid to stopping police officers from having sex with prostitutes in the line of duty.
Several of the proposals dealt with protecting children from harm and restoring justice to victims of Internet crimes.
“The Legislature in this package has particularly focused in on crimes against humanity, particularly for those that are the most vulnerable, and for that reason I’m pleased to be able to put this together … and sign all the bills,” Abercrombie said in a ceremony Friday afternoon.
The bills also address emergency management and energy conservation.
The deadline for the governor to sign bills is July 8. But the governor has to let the Legislature know by June 23 if he plans to veto any bills.
Here’s a sampling of the bills that the governor signed into law:
— COP SEX: An unusual law allowed police officers to have sex with prostitutes in the course of investigations. But the bill (HB 1926) changes the law so that police can still solicit sex, but cannot engage in sexual penetration or sadomasochistic abuse on the job.
— CHILD SEX ABUSE: A pair of proposals lengthen the amount of time victims of child sex abuse have to file claims. One bill (SB 2687) extends the amount of time that victims of child sexual abuse have to file civil lawsuits until 2016 if the date of their claim had already passed the statute of limitations. A flurry of lawsuits had been filed before a deadline. Another bill (HB 2034) removes the statute of limitations on filing criminal child sex abuse claims for continuous abuse or abuse in the first and second degrees.
— ELECTRIC GRID: One proposal (HB 1943) will modernize Hawaii’s electrical system to ensure that customers producing energy through solar panels or other means could connect to the electric grid. Hawaii residents had clamored for solutions after installing costly solar arrays that could not be connected to the state electricity system.
— REVENGE PORN: Photos have a way of lingering on the Internet, but prosecutors in Hawaii rallied to protect those who are victims of angry exes. The bill (HB 1750) makes it illegal to post a nude photo without the subject’s permission. It targets those who post pictures with the intent of ruining the careers, reputations or relationships of the people depicted.
— EMERGENCY RESPONSE: A proposal (HB 849) aims to protect Hawaii residents during emergencies and natural disasters. It clears up who’s responsible for what when a disaster occurs.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2014-06-22 17:13:052014-06-22 17:13:05Hawaii's Gov. Neil Abercrombie signs 16 bills addressing prostitution, energy and sex abuse, Cathy Bussewitz, The Associated Press
Mass House and Sen pass SOL reform unanimously–Gov expected to sign
The MA bill is innovative and great for survivors of incest and any survivor up to age 53 intent on suing their perpetrator.
Once the Governor signs the bill, every survivor of sexual abuse in the state of Massachusetts will be able to file a civil lawsuit, whether or
not their SOL already expired, up to age 53. It is a retroactive extension to age 53.
It is not as good for clergy sex abuse victims. Why? Because it was brokered with the Catholic bishops, who gave in some, but once again threw
their own victims under the bus.
Survivors will also be able to sue institutions responsible for their abuse, but only up to discovery plus 7 years. This is also retroactive and also a significant
extension. It is still not as good as the provision for suits against perpetrators.
Cardinal O’Malley and the bishops of Massachusetts at least ceased blocking SOL reform for all victims, as they had in the past.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2014-06-20 04:13:382014-06-20 04:13:38Mass House and Sen pass SOL reform unanimously--Gov expected to sign
HOUSE VOTES TO EXTEND STATUTE OF LIMITATIONS IN CHILD SEX ABUSE
After years of trying to strike a compromise, the House voted unanimously on Wednesday to extend the statute of limitations for victims of child sexual assault to bring civil claims against their abusers.
The bill (H 4126) would allow victims of child sexual abuse to file civil lawsuits up until the time they turn 53 years old, an extra 35 years on top of what is currently allowed.
Rep. John Lawn, a Watertown Democrat who worked with victims, advocates and groups like the Catholic Church to reach the compromise, said the bill struck a balance between allowing victims the time to come to terms with their abuse while also respecting the rights of institutions that might become involved in lawsuits stemming from decades-old incidents.
Lawn got involved with the issue after a constituent came to him seeking assistance after she was raped, drugged and impregnated as a young teenager by her uncle, Lawn said the woman was in her 40s before she was fully ready to confront her abuser, but it was too late to seek justice. The new statute of limitations would be applied retroactively to cases against the alleged perpetrator of the abuse, but not for institutions who may have “negligently supervised” the abuser. The bill would also extend from three years to seven years the limit for a civil lawsuit to be brought against either class of defendant from the time the victim “discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused” by the sexual abuse. Both the House and Senate advanced bills late in 2012 to a conference committee, but lawmakers were unable to reach a compromise that year. “We believe this is as close to perfect as you could possibly get in striking a balance,” said Rep. Chris Markey, the ranking House Democrat on the Judiciary Committee.
The bill now moves to the Senate. – M. Murphy/SHNS
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2014-06-19 03:50:262014-06-19 03:57:52HOUSE VOTES TO EXTEND STATUTE OF LIMITATIONS IN CHILD SEX ABUSE (Massachusetts)
Invites you to Join us for free training seminars!
NEW YORK CITY, NEW YORK
Civil Justice for Victims of Crime in New York monday, June 16, 2014 9:00 AM – 4:30 PM Benjamin N. Cardozo School of Law
Jacob Burns Moot Court Room
55 5th Avenue| New York, New York 10003
The National Center for Victims of Crime, is offering free training seminars for victim advocates and service providers, criminal justice practitioners, law enforcement officers, SANE nurses, counselors, lawyers, and victims of crime in NYC.
Civil Justice for Victims of Crime in New York, in conjunction with New York State Department of Health, Office of Victim Services, New York Sheriff’s Association, NYC Alliance Against Sexual Assault and Cardozo Advocates for Kids, will explore how victims of sexual assault, domestic violence, stalking, child sex abuse, drunk driving, homicide, workplace violence, terrorism, elder abuse, identity theft and financial and property crimes can use civil lawsuits to obtain justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives. The programs will cover resources and strategies for victims considering civil lawsuits, and will include a panel of attorneys to answer specific questions of New York law.
There is no cost to attend, but space is limited, so please reserve your space today.
*Please note that you must register for each training separately.
This session, Hawaii lawmakers unanimously passed two bills that will, if signed by Gov. Neil Abercrombie, allow survivors of sexual assault more time to come forward and pursue legal action to hold abusers accountable.
Sexual assault is a life-altering experience and the healing process takes time. We thank the Legislature for its understanding of this, and for its commitment to seeing that sexual violence is not tolerated in our community regardless of when it takes place.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2014-06-12 23:43:242014-06-12 23:43:24Sex-abuse victims deserve more time to come forward, Adriana Ramelli, Star Advertiser
Iowa Supreme Court dismisses coach sex abuse case By DAVID PITT, Associated Press
/in Iowa /by SOL ReformDES MOINES, Iowa (AP) — The IowaSupreme Court on Friday ordered a district court judge to dismiss a lawsuit against theNew London school district filed by a woman alleging she was molested by a female coach years ago.
In the 4-3 decision the court said the woman’s case must be dismissed because she had not filed the lawsuit within the time allowed by state law.
The woman is identified as Jane Doe in the lawsuit. She is represented by Des Moines attorney Roxanne Conlin, who argued that in damage lawsuits against school districts the common law discovery rule should apply. That rule gives victims up to two years from the time they discover damage to sue.
The court declined to overturn previous court rulings that have held that lawsuits against local governments must be filed within two years of when damage occurs.
The woman, who graduated from high school in 2004, said she didn’t know the sexual relationship with her coach was the cause of emotional problems until after she saw a psychologist in 2011. She filed suit in 2012.
The woman, now in her 20s, says she was 14 when Gina Sisk, her teacher and track coach first began to make sexual advances which led to sex acts continuing until she graduated.
Conlin also argued the woman was 14 when the incidents began which qualifies her for an extended statute of limitations in Iowa law for child sex abuse victims. It allows lawsuits to be brought within four years from the time the victim discovers an injury.
The court also rejected that argument saying it has long upheld previous rulings that define child in sex abuse cases as as a person under the age of 14.
Chief Justice Mark Cady and justices Thomas Waterman and Bruce Zager agreed with the majority opinion written by Edward M. Mansfield.
Justices Brent Appel and Daryl Hecht signed on to a dissenting opinion written by David Wiggins, who said the case should go to trial.
He said the previous courts have erroneously upheld the younger-than-14 definition of a child in sex abuse cases while other sections of Iowa law define a child as anyone under 18.
He said the court shouldn’t stand on previous decisions simply “to maintain a clearly erroneous statutory interpretation just because we used that interpretation in the past.”
Conlin did not immediately respond to a message. Steven Ort, the attorney representing the school district, said the district was pleased with the court’s decision.
Conlin also has filed a similar lawsuit on behalf of the woman in federal court. Trial has been set for January in Davenport.
Sisk, who has denied the sexual relationship, was dropped from the state and federal lawsuits in April after an undisclosed settlement was reached with the woman.
“It’s been a long difficult process for her and she’s pleased to see the Supreme Court make the decision that it did,” Sisk’s attorney, Tammy Gentry said.
___
Follow David Pitt at http://twitter.com/davepitt
http://www.sfgate.com/news/crime/article/Iowa-Supreme-Court-dismisses-coach-sex-abuse-case-5567598.php
Hawaii’s Gov. Neil Abercrombie signs 16 bills addressing prostitution, energy and sex abuse, Cathy Bussewitz, The Associated Press
/in Hawaii /by SOL ReformHONOLULU — Hawaii Gov. Neil Abercrombie signed 16 bills into law Friday afternoon on proposals ranging from modernizing the electric grid to stopping police officers from having sex with prostitutes in the line of duty.
Several of the proposals dealt with protecting children from harm and restoring justice to victims of Internet crimes.
“The Legislature in this package has particularly focused in on crimes against humanity, particularly for those that are the most vulnerable, and for that reason I’m pleased to be able to put this together … and sign all the bills,” Abercrombie said in a ceremony Friday afternoon.
The bills also address emergency management and energy conservation.
The deadline for the governor to sign bills is July 8. But the governor has to let the Legislature know by June 23 if he plans to veto any bills.
Here’s a sampling of the bills that the governor signed into law:
— COP SEX: An unusual law allowed police officers to have sex with prostitutes in the course of investigations. But the bill (HB 1926) changes the law so that police can still solicit sex, but cannot engage in sexual penetration or sadomasochistic abuse on the job.
— CHILD SEX ABUSE: A pair of proposals lengthen the amount of time victims of child sex abuse have to file claims. One bill (SB 2687) extends the amount of time that victims of child sexual abuse have to file civil lawsuits until 2016 if the date of their claim had already passed the statute of limitations. A flurry of lawsuits had been filed before a deadline. Another bill (HB 2034) removes the statute of limitations on filing criminal child sex abuse claims for continuous abuse or abuse in the first and second degrees.
— ELECTRIC GRID: One proposal (HB 1943) will modernize Hawaii’s electrical system to ensure that customers producing energy through solar panels or other means could connect to the electric grid. Hawaii residents had clamored for solutions after installing costly solar arrays that could not be connected to the state electricity system.
— REVENGE PORN: Photos have a way of lingering on the Internet, but prosecutors in Hawaii rallied to protect those who are victims of angry exes. The bill (HB 1750) makes it illegal to post a nude photo without the subject’s permission. It targets those who post pictures with the intent of ruining the careers, reputations or relationships of the people depicted.
— EMERGENCY RESPONSE: A proposal (HB 849) aims to protect Hawaii residents during emergencies and natural disasters. It clears up who’s responsible for what when a disaster occurs.
__
Cathy Bussewitz can be reached on Twitter athttp://twitter.com/cbussewitz
http://www.therepublic.com/view/story/78cf3010e85749ca94c2b04ff1e8b14f/HI–Bill-Signings
Mass House and Sen pass SOL reform unanimously–Gov expected to sign
/in Massachusetts /by SOL ReformMass House and Sen pass SOL reform unanimously–Gov expected to sign
The MA bill is innovative and great for survivors of incest and any survivor up to age 53 intent on suing their perpetrator.
HOUSE VOTES TO EXTEND STATUTE OF LIMITATIONS IN CHILD SEX ABUSE (Massachusetts)
/in Massachusetts /by SOL ReformHOUSE VOTES TO EXTEND STATUTE OF LIMITATIONS IN CHILD SEX ABUSE
After years of trying to strike a compromise, the House voted unanimously on Wednesday to extend the statute of limitations for victims of child sexual assault to bring civil claims against their abusers.
The bill (H 4126) would allow victims of child sexual abuse to file civil lawsuits up until the time they turn 53 years old, an extra 35 years on top of what is currently allowed.
Rep. John Lawn, a Watertown Democrat who worked with victims, advocates and groups like the Catholic Church to reach the compromise, said the bill struck a balance between allowing victims the time to come to terms with their abuse while also respecting the rights of institutions that might become involved in lawsuits stemming from decades-old incidents.
Lawn got involved with the issue after a constituent came to him seeking assistance after she was raped, drugged and impregnated as a young teenager by her uncle, Lawn said the woman was in her 40s before she was fully ready to confront her abuser, but it was too late to seek justice. The new statute of limitations would be applied retroactively to cases against the alleged perpetrator of the abuse, but not for institutions who may have “negligently supervised” the abuser. The bill would also extend from three years to seven years the limit for a civil lawsuit to be brought against either class of defendant from the time the victim “discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused” by the sexual abuse. Both the House and Senate advanced bills late in 2012 to a conference committee, but lawmakers were unable to reach a compromise that year. “We believe this is as close to perfect as you could possibly get in striking a balance,” said Rep. Chris Markey, the ranking House Democrat on the Judiciary Committee.
The bill now moves to the Senate. – M. Murphy/SHNS
NYC: Free Training Seminars Next Week (Register Now!)
/in New York /by SOL ReformCivil Justice for Victims of Crime in New York
Invites you to Join us for free training seminars!
NEW YORK CITY, NEW YORK
Civil Justice for Victims of Crime in New York
monday, June 16, 2014
9:00 AM – 4:30 PM
Benjamin N. Cardozo School of Law
Jacob Burns Moot Court Room
55 5th Avenue| New York, New York 10003
REGISTER HERE*
ALBANY, NEW YORK
Civil Justice for Victims of Crime in New York
Thursday, June 19, 2014
9:00 AM – 4:30 PM
Albany Medical Center
47 New Scotland Avenue
Albany, NY 12208
REGISTER HERE*
The National Center for Victims of Crime, is offering free training seminars for victim advocates and service providers, criminal justice practitioners, law enforcement officers, SANE nurses, counselors, lawyers, and victims of crime in NYC.
Civil Justice for Victims of Crime in New York, in conjunction with New York State Department of Health, Office of Victim Services, New York Sheriff’s Association, NYC Alliance Against Sexual Assault and Cardozo Advocates for Kids, will explore how victims of sexual assault, domestic violence, stalking, child sex abuse, drunk driving, homicide, workplace violence, terrorism, elder abuse, identity theft and financial and property crimes can use civil lawsuits to obtain justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives. The programs will cover resources and strategies for victims considering civil lawsuits, and will include a panel of attorneys to answer specific questions of New York law.
There is no cost to attend, but space is limited, so please reserve your space today.
*Please note that you must register for each training separately.
View Event Flyer as PDF
Sex-abuse victims deserve more time to come forward, Adriana Ramelli, Star Advertiser
/in Hawaii /by SOL ReformThis session, Hawaii lawmakers unanimously passed two bills that will, if signed by Gov. Neil Abercrombie, allow survivors of sexual assault more time to come forward and pursue legal action to hold abusers accountable.
Sexual assault is a life-altering experience and the healing process takes time. We thank the Legislature for its understanding of this, and for its commitment to seeing that sexual violence is not tolerated in our community regardless of when it takes place.
View entire article as PDF