Child abusers and their employers and enablers have benefitted for decades from state statutes of limitations (SOLs) for child sex abuse that expire before the vast majority of victims are ready to come forward. It was, until relatively recently, a constant game of “gotcha” that victims could not win. Most victims need decades to come forward, at least into their late 30s and early 40s. The system until recently was rigged in favor of perpetrators, aiding institutions and against victims.
As states have learned the realities of child sex abuse in light of the Catholic, Penn State, and many other scandals, many have increased and even eliminated the SOLs, both civil and criminal. States can set a hard age as the deadline for filing and/or establish a discovery rule that gives a victim a certain number of years from when they discovery the link between their current problems and the sex abuse. In light of the manifest injustice for so many, some states have permitted revival of expired civil claims to provide access to justice to those who were shut out.
There are states, however, that continue to cling to the Dark Ages and keep the vast majority of victims out of court.
THE BOTTOM TEN
The very worst states in the country for civil claims are below, arranged in alphabetical order, and listing the age by which victims must file lawsuits or lose their claims. These are the states where, for the vast majority of victims, the costs of abuse are borne by the victim (or the taxpayers when they need assistance). Those who caused the abuse are typically let off the hook. For those who abuse a child or cover up for an abuser, these are the pick states.
1. Alabama Up to age 21.
2. Georgia Up to age 23.
3. Indiana Up to age 25.
4. Maryland Up to age 25.
5. Michigan Up to age 19.
6. Mississippi Up to age 22 for assault or battery.
7. North Dakota Up to age 25.
8. New York Up to age 23.
9. Tennessee Up to age 19 plus very limited discovery rule.
10. West Virginia File by age 20 plus very limited discovery rule and a 20-year statute of repose (which means that the victim’s claims may be capped at 20 years following the date of the abuse).
THE TOP TEN
These are the states that have swung wide the courthouse doors so that victims can hold their perpetrators and the institutions that created the conditions for the abuse accountable, arranged alphabetically. In these states, the cost of the abuse has been shifted to those in fact responsible for it (and their insurance carriers). The sky has not fallen and no institution has closed as a result of affording the victims meaningful access to justice in these states. These are the states that send a message to the victims that the abuse was not their fault and to the perpetrators and responsible institutions that they are accountable for their bad acts.
1. Alaska Eliminated civil SOL.
2. California Had 1-year revival window during 2003. Age 26 plus discovery. Considering extension of civil SOL to age 40, and extension of discovery rule from 3 years to 5 years.
3. Connecticut Survivors have until age 48, even if their prior SOL expired.
4. Delaware Eliminated civil SOL and had 2-year revival window 2007-09.
5. Florida Eliminated civil SOL.
6. Hawaii Had 2-year revival window 2012-14 and has bill extending window 2 years and eliminating civil SOL awaiting Governor’s signature.
7. Illinois Eliminated civil SOL.
8. Maine Eliminated civil SOL.
9. Minnesota Eliminated civil SOL and has open 2-year revival window.
10. Oregon Survivors have until age 40 plus a liberal discovery rule.
We are in the midst of a revolution for child sex abuse survivors’ access to justice. The Top Ten are in the forefront of progress and decency; the Bottom Ten are lagging behind and with each passing legislative session, they seem more out of touch and inexcusably immoral. History is on the side of the Top Ten.
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 Reform2014-05-13 22:57:382014-06-04 10:29:00Professor Marci A. Hamilton, The Bottom Ten and the Top Ten States for Access to Civil Justice for Child Sex Abuse Victims
Hundreds of people have contacted the FBI about a teacher suspected of drugging and molesting boys during a four-decade career at international schools on four continents, greatly expanding the potential number of suspected victims.
The FBI said last month that William Vahey had molested at least 90 boys, whose photos were found on a memory drive stolen by his maid. The bureau said Tuesday that it has now “been contacted by several hundred individuals from around the globe wishing either to reach out as potential victims or provide information in the ongoing investigation.”
Special Agent Shauna Dunlap said officials wanted as many people as possible to call or contact the FBI through its website in order to receive counseling and provide information about a man who the bureau calls one of the most prolific pedophiles in memory.
Vahey killed himself at age 64 after evidence of molestation was found on a memory drive stolen by a maid in Nicaragua.
He was one of the most beloved teachers in the world of international schools that serve the children of diplomats, well-off Americans and local elites. The discovery of his molestation has set off a crisis in the community of international schools, where parents are being told their children may have been victims, and administrators are scurrying to close loopholes exposed by Vahey’s abuses.
Apparently, not even Vahey’s victims knew they had been molested. The double-cream Oreos that he handed out at bedtime on school trips were laced with sleeping pills — enough to leave the boys unconscious as he touched them and posed them for nude photographs.
There were decades of missed opportunities to expose Vahey, starting with an early California sex-abuse conviction that didn’t prevent him taking a series of jobs exposing him to children.
In 1969, Vahey was arrested on child sexual abuse charges after police said he pinched the penises of eight boys, ages 7 to 9, at an Orange County, California, high school where he taught swimming. Vahey, then 20, told authorities he had started touching boys without their consent at age 14.
He pleaded guilty to a single charge of lewd and lascivious behavior. He received a 90-day jail sentence and five years’ probation, but he was allowed to leave the country in January 1972.
Vahey began his international teaching career at the American School in Tehran, the first in a series of stays around the Middle East and Europe. He taught history, social studies and related subjects in Lebanon, Spain, Iran, Greece, Indonesia and Saudi Arabia, almost always to middle school students.
By the time he arrived in Saudi Arabia, Vahey was married and had two sons with Jean Vahey, a widely respected administrator. In addition to teaching, he coached basketball and led school trips to Bahrain, Turkey and Africa.
Authorities may have missed a warning sign during a later teaching stint in Venezuela: Two students under Vahey’s care were rushed to a hospital after falling unconscious in their hotel room on a trip, parents and staff said. Officials were unable to determine why and chalked it up to a possible failing air conditioner.
Seven years later, the Vaheys went to work at the Westminster campus of London’s Southbank International School, with about 350 pupils from 70 countries. Police say at least 60 of the 90 or so children in the images on the USB drive were from that school.
Southbank’s chair of governors, Chris Woodhead, told Britain’s Press Association there had been one complaint against Vahey, but, “The boy’s parents agreed that there was nothing untoward and the matter shouldn’t be pursued,” Woodhead said.
In early March, the maid who had taken the memory drive handed it to American Nicaraguan school director Gloria Doll, who found it contained photos of unconscious boys, many between the ages of 12 and 14, often being touched by Vahey.
Doll confronted Vahey, who told her, according to an FBI affidavit, that he had given the boys sleeping pills, adding: “I was molested as a boy, that is why I do this. I have been doing this my whole life.”
Vahey said he had swallowed more than 100 sleeping pills in November after discovering the USB drive had been taken.
Doll demanded Vahey’s resignation, according to the affidavit, and notified authorities at the U.S. Embassy in Managua the next day, U.S. officials said. Embassy officials immediately notified Nicaraguan police, but Vahey had already flown out of the country.
Vahey traveled to Luverne, Minnesota, where relatives live. He checked into a hotel and stabbed himself in the chest with a knife, leaving a note apologizing to his family.
The discovery has led to reviews of recruiting policies, background checks and security procedures at organizations of schools around the world.
Jane Larsson, executive director of the Council of International Schools, said a group of six international education associations was examining to close loopholes allowing pedophiles to move from country to country without being detected by background checks or other reports.
“When this kind of thing happens it’s a shock to everyone and it mobilizes action,” she said.
————
Associated Press writer Michael Weissenstein reported this story from Mexico City and Tami Abdollah reported from Los Angeles. AP writers Luis Manuel Galeano in Managua, Nicaragua; Adam Schreck in Dubai; Niniek Karmini and Margie Mason in Jakarta; Joshua Goodman in Caracas, Venezuela; Jill Lawless and Sylvia Hui in London; and Carson Walker in Luverne, Minnesota, contributed to this report.
Groups serving women and girls present letter of support for Child Victims Act;
National speedskating champion talks about abuse in amateur, Olympic sports;
Noted victims rights group reveals results of its opinion polling in NYS Senate districts.
ALBANY, NY, MAY 13, 2014 – Advocates and supporters of the Child Victims Act joined Assemblywoman Margaret Markey at a press conference in Albany to unveil new support for the expanded Child Victims Act (CVA). The program was held in conjunction with a Child Victims Act Advocacy Day which brought scores of advocates here to urge legislators to support the bill.
“In so many different ways, today we put a spotlight on New York State’s poor record of dealing with victims of childhood sexual abuse and how this archaic approach protects pedophiles who continue to abuse new generations of children,” said Assemblywoman Markey. “The present statute of limitations is too short. We need to change the law to better provide justice for victims of sexual assault, particularly for older victims, and to expose perpetrators who have been hidden by sports and youth groups, schools and religious organizations.”
The Child Victims Act (A1771A/S6367) seeks to completely eliminate the criminal and civil statute of limitations (SOL) for child sex abuse crimes and also provides a one-year civil suspension of SOLs to permit older victims to get justice. Presentations made today included:
A new initiative for the legislation organized by the Ms. Foundation for Women and the Downstate Crime Victims Coalition and including the National Organization of Women-NYC and the League of Women Voters of NY State.
Remarks by American speedskating champion Bridie Farrell, now 32, who discussed her abuse at the hands of a noted team member and mentor and the impact on her when the NY state statute of limitations expired.
An analysis by Cardozo Law School Professor Marci Hamilton which revealed that New York State is among the very worst in the nation in its treatment of survivors of childhood sexual assault, ranking at the bottom of the 50 states along with Alabama, Georgia, Indiana and Michigan.
Results of a public opinion poll conducted in selected NY State Senate Districts by the National Center for the Victims of Crime, which revealed a wide margin of support on specific statute of limitations reform proposals.
Announcement of the new Catholic Coalition of Conscience to push for adoption of the Child Victims Act. The Coalition brings together the energies of several state-wide organizations to push for reform of the statute of limitations for child sex abuse crimes.
A representative of the Horace Mann Action Coalition, a group of alumni of the famed NYC independent school, reported about his group’s investigation of child sexual abuse at independent schools across America. It showed that four schools in NY State identified 119 victims, compared with only 49 in 17 non-NY schools.
The Child Victims Act is sponsored in the State Senate by Senator Brad Hoylman. He said: “Child sexual abuse is among the most heinous of crimes but it often never is prosecuted or subject to civil action. New York should allow the victims of child sexual abuse to have their day in court by eliminating the criminal and civil statute of limitations on these crimes. It’s wrong that our current law rewards institutions for covering up sexual abuse until the statute of limitation passes.”
NEW YORK RANKS AMONG VERY WORST STATES FOR SURVIVORS
Cardozo Law School Professor Marci Hamilton, a constitutional law scholar, author, and expert on statute of limitations issues across the nation, said: “New York is among the worst states in the country for child sex abuse statutes of limitations. It shares this distinction with two deep southern states, Alabama and Georgia, and two Midwestern states, Indiana and Michigan. While the vast majority of states have been increasing access to justice for victims over recent years, New York continues to block access for the vast majority of New York’s child sex abuse victims.”
NATIONAL ICE SKATE CHAMP SPEAKS ABOUT ABUSE IN SPORTS
Former national champion speedskater Bridie Farrell, who has roots in Saratoga Springs, NY, talked about her experiences as a young teenage competitor who was abused by her teammate and trainer when she was in training. The skater Andy Gabel, became President of U.S. Speedskating, the, the national umbrella group for speedskaters, a position he has resigned after Farrell and others came forward with similar stories of abuse.
“When people don’t come forward, it helps these guys to get away with it. It took a lot for me to speak out, but what did I have to lose?” she said.
Farrell is a former Women’s American record holder in the 1500 and 3000 individual and 3000 meter relay competition and has been a member of numbers of World Cup, Junior and Senior World Championship, Goodwill Games and University Games teams.
She first revealed details about her sexual abuse when she had stopped skating to become a student at Cornell University and has continued to discuss it publically. After a radio interview identifying her molester got wide attention last year, he publically apologized in a newspaper story. For Farrell, however, the statute of limitations for the offenses against her in New York had expired in 2005.
“The statute of limitations needs to change,” she said. I reported it much sooner than most; a lot of women don’t come out until they’ve married and have their own children. So having a five year statute of limitations is an insult.”
Farrell is unafraid to speak about what happened to her and has become active in the SafeSport program, which was created in 2010 by the U.S. Olympic Committee to address issues of sexual abuse, hazing and harassment in amateur sports.
OPINION POLL SHOWS STRONG SUPPORT FOR SOL REFORMS
“New York’s statute of limitations for child sex abuse must be eliminated because pedophiles don’t retire. The current law hurts no one but victims, and helps no one but abusers and those that protect them,” said Jeffrey Dion, Deputy Executive Director for the National Center for Victims of Crime.
Even though the Child Victims Act has been adopted four times by the New York State Assembly, it has never been brought to the floor of the State Senate. Because of the view that the Republican leadership fears adverse political consequences for supporting CVA, Dion’s organization commissioned FrederickPolls of Arlington, VA., to measure voter attitudes in selected State Senate districts in the Southern Tier, near Rochester, in the mid-Hudson Valley and on Long Island.
The pollsters found widespread support for specific civil and criminal statute of reform proposals. They found: 73% of respondents favor ending limits on criminal felonies; 67% of voters surveyed favor ending all age limits for civil suits against abusers; 60% say victims should be able to sue their abuser at any time; and 55% favor ending age limits for civil suits against organizations. Polling also showed that voters favor a one-time “window” where older survivors may still directly sue their abusers or the organizations where the abuse occurred.
WOMENS GROUPS FOCUS ON ABUSE OF FEMALE SURVIVORS
“The vast majority of child sexual abuse victims are female and the consequences can be devastating and life-long,” said the letter organized by leaders of the Downstate Crime Victims Coalition and the Ms. Foundation for Women. “They made it public at the press conference and are delivering it today to Governor Andrew Cuomo and top leaders of the State Senate and Assembly.
They said: “We believe this legislation is essential to create access to justice for adults who have been damaged by child sexual abuse and to help prevent the abuse of children.”
Among the other organizations signing the letter from organizations that serve women and girls are: National Organization for Women-NYC, the League of Women Voters of NYS, and the YWCA of Brooklyn. Other signers include the Center for Anti-Violence Education, Her Justice, Connect, Inc, and the Horace Mann Action Coalition.
The groups recently sponsored a state-wide webinar to educate organizations and agencies about child sexual assault and the importance of changing the statute of limitations for these offences.
Julie Kaye, Senior Strategist for the Ms. Foundation for Women said: “We are pleased to stand in partnership with organizations and individuals working to advance the rights of women and girls in support of legislation to help prevent child sexual abuse. The vast majority of child sexual abuse victims are female, and the consequences of abuse can be devastating and life-long. Girls who experience child sexual abuse are more likely to be at risk for sexual and domestic violence, teen pregnancy, poverty, coerced sex work and trafficking, juvenile incarceration, homelessness and re-victimization. This legislation allowing greater access to justice sends a powerful message that our legal system will not tolerate such abuse but rather will help all survivors to heal and thrive.”
“The Downstate Coalition for Crime Victims is proud to stand with Assembly Member Margaret Markey to help protect New Yorkers from the tragedy of child abuse,” said the Co-Chairs, Michael Pollenberg and Susan Xenarios. “For too long, abusers have been able to avoid justice simply by waiting until the statute of limitations on most sex abuse charges expired. It is critically important that survivors of these crimes have the opportunity to hold their abusers accountable and to ensure they can’t commit additional crimes. It is also important to create a window that will allow adult survivors of child abuse the opportunity to seek justice in civil courts. We applaud Assembly Member Markey for her determination and courage, and call on her colleagues in the State legislature to pass this bill into law without further delay.”
Mary Haviland, Executive Director of the New York City Alliance Against Sexual Assault, said: “The New York City Alliance Against Sexual Assault strongly supports the Child Victim Act which would eliminate the statute of limitations for civil actions arising from the sexual abuse of children as well as for certain sex offenses against children. More and more, survivors of sexual abuse are stepping forward to reveal their stories. Yet these acts of courage are often accompanied by the realization that they do not have access to justice because their cases are barred by the Statute of Limitations. Not only does this harm survivors, it allows perpetrators to continue their abuse, subjecting more children to abuse. We applaud the efforts of Assemblywoman Marge Markey to be a clear and persistent voice for the elimination of the Statute of Limitations. Childhood sexual abuse is a heinous crime that often debilitates its victims many years – even decades — after it ends, and those who have suffered from this abuse ought to be given every opportunity to pursue justice.”
CATHOLIC LAY ORGANIZATIONS FORM COALITION
The Catholic Coalition of Conscience includes: Call To Action Metro NY, Call To Action Upstate NY, Voice of the Faithful NY, and Dignity/NY. Leaders of two of the member groups spoke at the press conference here today.
Francis Piderit of VOTF NY said: “Our Catholic Coalition of Conscience speaks for all victims of sex abuse, and for all Catholics who believe with Pope Francis that our church should be doing everything possible to support survivors of sexual abuse. We believe the Catholic Church has a moral obligation to endorse statute of limitations reform in the state of New York.”
“Within the Catholic Church our membership urges Pope Francis to take strong action world-wide to hold bishops and priests accountable for acts of clergy child sex abuse,” said Upstate Call To Action Board Member Steve Powers. “Within New York State our members across four dioceses feel that the removal of the current statute of limitations on certain new sex crimes against children and the opening of a one year ‘window’ for previous victims to come forward are extremely important. We act both as citizens concerned about the welfare of all our children and as faithful Catholics who are witnessing political stonewalling by our bishops.”
NY RANKS WORST IN STUDY OF ABUSE AT INDEPENDENT SCHOOLS
Peter Brooks, of the Horace Mann Action Coalition, said: “The current SOL is the root of a broken system — a monument to loopholes. At its core, the system doesn’t protect victims but allows schools to hide abusers, bury evidence, mislead those who report, create more victims, stall those who come forward — all with the blind eye (and therefore blessing) of regulators, the DA and the education laws.”
He added, “Institutions are not changing on their own. They resist… and need our push. The current NY SOL adds a perverse incentive for schools to avoid addressing the issue at precisely the time it would have the most positive impact. ‘Best to wait until later.’ Exactly that sad lack of action enables further abuse. Just look at a count of victims, the damage of a restrictive and flawed statute of limitations in New York State: Outside NY: 3 per school. NY: 30 per school. A factor of 10.”
The Child Victims Act legislation has been adopted by the Assembly four times since 2006, but has not yet advanced in the State Senate. It would completely eliminate the criminal and civil statute of limitations for child sex abuse crimes in New York State (which now expires only 5 years after a victim turns 18) and also completely suspend the civil statute of limitations for one year to provide justice for older victims and unmask abusers and those who have hidden them.
Advocacy organizations and non-profits who want to connect with the Downstate Coalition and the Ms. Foundation activities on behalf of CVA should contact: JKay@Ms.Foundation.org or mhaviland@svfreenyc.org
For information about progress in changing statute of limitations in states across America, see Professor Marci Hamilton’s website, http:/sol-reform.org
For Information about CVA developments in NY and updates about 2014 activities, see the CVA button on Assemblywoman Markey’s Assembly website home page, http://assembly.state.ny.us/mem/Margaret-M-Markey/
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 Reform2014-05-13 17:51:002014-05-13 17:51:00Advocates for Child Victims Act of NY to combat childhood sexual abuse in Albany to urge reform of archaic NYS codes
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 Reform2014-05-13 04:02:062014-05-30 04:02:36Puerto Rico arrests priest charged of child sexual abuse, BBC News
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STATUTORY time limits blocking historical child sex abuse cases from going to court in Victoria are to be removed.
Attorney-General Robert Clark says the government will remove provisions that can block a victim of child abuse taking legal action.
“We don’t want any organisation to be able to use time limits or other impediments in the legislation in order to hide behind those to avoid liabilities,” Mr Clark told reporters on Thursday.
He said the government would overhaul the Limitations of Actions Act.
“We are going to go through each and every one of the provisions of the Limitations of Actions Act to work out where they should be removed, amended or otherwise modified,” Mr Clark said.
This may lead to more historic child abuse cases coming before the courts, but Mr Clark said the changes were not retrospective in that it would not “open up liability that was not there in the first place”.
“We’re going to go through each and every one of those limitations to ensure that they cannot be inappropriately used and so the law can take its course,” he said.
The Victorian parliamentary inquiry into child abuse called for the lifting of the statute of limitations on criminal child abuse.
Premier Denis Napthine said the government would make it easier for victims of abuse to access civil remedies by removing inappropriate time limitations and impediments that restrict their access to the civil judicial system.
“We as a government are committed to ensuring organisations cannot hide behind statutory time limits in order to avoid the liability they have for harm they have caused to victims of child abuse,” he told reporters on Thursday.
The government has already created offences for people who fail to report suspected child sexual abuse, as well as for people holding a position of responsibility who fail to protect a child when they know someone in their organisation poses a risk.
“We have taken immediate action to prohibit grooming while also introducing criminal offences for people who fail to provide relevant information to police if they know or believe a child has been abused,” Dr Napthine said.
“We want to protect children.” He said there were some circumstances, particularly where there is family violence, where there needed to be “some understanding” that women could be creating more risk for themselves and the child by reporting abuse.
There is an exemption for those situations, he said.
The government will also establish a scheme requiring centralised reporting of abuse allegations to the Commission for Children and Young People.
It will introduce minimum child safety standards for organisations with direct and regular contact with children, so they adopt preventative measures to minimise the risk of abuse. The standards will be mandatory for organisations that have a high degree of responsibility for children.
All schools must also adopt a policy for responding to child abuse allegations.
Working with children checks will also be expanded to include religious ministers with children in their organisation, or who otherwise come into contact with children as part of their duties. The government has allocated $10 million to strengthen child protection measures in the state, with the funds largely going to the commission.
Dr Napthine said the measures would build on significant work already done, including a new grooming offence. AAP
Source: Victorian government response to parliamentary committee inquiry into handling of child abuse by religious and other organisations.
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 Reform2014-05-08 21:27:122014-05-08 21:27:12Victoria ends statutory time limit on historical child sex abuse cases
Professor Marci A. Hamilton, The Bottom Ten and the Top Ten States for Access to Civil Justice for Child Sex Abuse Victims
/in New York /by SOL ReformChild abusers and their employers and enablers have benefitted for decades from state statutes of limitations (SOLs) for child sex abuse that expire before the vast majority of victims are ready to come forward. It was, until relatively recently, a constant game of “gotcha” that victims could not win. Most victims need decades to come forward, at least into their late 30s and early 40s. The system until recently was rigged in favor of perpetrators, aiding institutions and against victims.
As states have learned the realities of child sex abuse in light of the Catholic, Penn State, and many other scandals, many have increased and even eliminated the SOLs, both civil and criminal. States can set a hard age as the deadline for filing and/or establish a discovery rule that gives a victim a certain number of years from when they discovery the link between their current problems and the sex abuse. In light of the manifest injustice for so many, some states have permitted revival of expired civil claims to provide access to justice to those who were shut out.
There are states, however, that continue to cling to the Dark Ages and keep the vast majority of victims out of court.
THE BOTTOM TEN
The very worst states in the country for civil claims are below, arranged in alphabetical order, and listing the age by which victims must file lawsuits or lose their claims. These are the states where, for the vast majority of victims, the costs of abuse are borne by the victim (or the taxpayers when they need assistance). Those who caused the abuse are typically let off the hook. For those who abuse a child or cover up for an abuser, these are the pick states.
1. Alabama Up to age 21.
2. Georgia Up to age 23.
3. Indiana Up to age 25.
4. Maryland Up to age 25.
5. Michigan Up to age 19.
6. Mississippi Up to age 22 for assault or battery.
7. North Dakota Up to age 25.
8. New York Up to age 23.
9. Tennessee Up to age 19 plus very limited discovery rule.
10. West Virginia File by age 20 plus very limited discovery rule and a 20-year statute of repose (which means that the victim’s claims may be capped at 20 years following the date of the abuse).
THE TOP TEN
These are the states that have swung wide the courthouse doors so that victims can hold their perpetrators and the institutions that created the conditions for the abuse accountable, arranged alphabetically. In these states, the cost of the abuse has been shifted to those in fact responsible for it (and their insurance carriers). The sky has not fallen and no institution has closed as a result of affording the victims meaningful access to justice in these states. These are the states that send a message to the victims that the abuse was not their fault and to the perpetrators and responsible institutions that they are accountable for their bad acts.
1. Alaska Eliminated civil SOL.
2. California Had 1-year revival window during 2003. Age 26 plus discovery. Considering extension of civil SOL to age 40, and extension of discovery rule from 3 years to 5 years.
3. Connecticut Survivors have until age 48, even if their prior SOL expired.
4. Delaware Eliminated civil SOL and had 2-year revival window 2007-09.
5. Florida Eliminated civil SOL.
6. Hawaii Had 2-year revival window 2012-14 and has bill extending window 2 years and eliminating civil SOL awaiting Governor’s signature.
7. Illinois Eliminated civil SOL.
8. Maine Eliminated civil SOL.
9. Minnesota Eliminated civil SOL and has open 2-year revival window.
10. Oregon Survivors have until age 40 plus a liberal discovery rule.
We are in the midst of a revolution for child sex abuse survivors’ access to justice. The Top Ten are in the forefront of progress and decency; the Bottom Ten are lagging behind and with each passing legislative session, they seem more out of touch and inexcusably immoral. History is on the side of the Top Ten.
Pedophile Teacher Abused Scores as Clues Missed – ABC News
/in Global, International /by SOL ReformHundreds of people have contacted the FBI about a teacher suspected of drugging and molesting boys during a four-decade career at international schools on four continents, greatly expanding the potential number of suspected victims.
The FBI said last month that William Vahey had molested at least 90 boys, whose photos were found on a memory drive stolen by his maid. The bureau said Tuesday that it has now “been contacted by several hundred individuals from around the globe wishing either to reach out as potential victims or provide information in the ongoing investigation.”
Special Agent Shauna Dunlap said officials wanted as many people as possible to call or contact the FBI through its website in order to receive counseling and provide information about a man who the bureau calls one of the most prolific pedophiles in memory.
Vahey killed himself at age 64 after evidence of molestation was found on a memory drive stolen by a maid in Nicaragua.
He was one of the most beloved teachers in the world of international schools that serve the children of diplomats, well-off Americans and local elites. The discovery of his molestation has set off a crisis in the community of international schools, where parents are being told their children may have been victims, and administrators are scurrying to close loopholes exposed by Vahey’s abuses.
Apparently, not even Vahey’s victims knew they had been molested. The double-cream Oreos that he handed out at bedtime on school trips were laced with sleeping pills — enough to leave the boys unconscious as he touched them and posed them for nude photographs.
There were decades of missed opportunities to expose Vahey, starting with an early California sex-abuse conviction that didn’t prevent him taking a series of jobs exposing him to children.
In 1969, Vahey was arrested on child sexual abuse charges after police said he pinched the penises of eight boys, ages 7 to 9, at an Orange County, California, high school where he taught swimming. Vahey, then 20, told authorities he had started touching boys without their consent at age 14.
He pleaded guilty to a single charge of lewd and lascivious behavior. He received a 90-day jail sentence and five years’ probation, but he was allowed to leave the country in January 1972.
Vahey began his international teaching career at the American School in Tehran, the first in a series of stays around the Middle East and Europe. He taught history, social studies and related subjects in Lebanon, Spain, Iran, Greece, Indonesia and Saudi Arabia, almost always to middle school students.
By the time he arrived in Saudi Arabia, Vahey was married and had two sons with Jean Vahey, a widely respected administrator. In addition to teaching, he coached basketball and led school trips to Bahrain, Turkey and Africa.
Authorities may have missed a warning sign during a later teaching stint in Venezuela: Two students under Vahey’s care were rushed to a hospital after falling unconscious in their hotel room on a trip, parents and staff said. Officials were unable to determine why and chalked it up to a possible failing air conditioner.
Seven years later, the Vaheys went to work at the Westminster campus of London’s Southbank International School, with about 350 pupils from 70 countries. Police say at least 60 of the 90 or so children in the images on the USB drive were from that school.
Southbank’s chair of governors, Chris Woodhead, told Britain’s Press Association there had been one complaint against Vahey, but, “The boy’s parents agreed that there was nothing untoward and the matter shouldn’t be pursued,” Woodhead said.
In early March, the maid who had taken the memory drive handed it to American Nicaraguan school director Gloria Doll, who found it contained photos of unconscious boys, many between the ages of 12 and 14, often being touched by Vahey.
Doll confronted Vahey, who told her, according to an FBI affidavit, that he had given the boys sleeping pills, adding: “I was molested as a boy, that is why I do this. I have been doing this my whole life.”
Vahey said he had swallowed more than 100 sleeping pills in November after discovering the USB drive had been taken.
Doll demanded Vahey’s resignation, according to the affidavit, and notified authorities at the U.S. Embassy in Managua the next day, U.S. officials said. Embassy officials immediately notified Nicaraguan police, but Vahey had already flown out of the country.
Vahey traveled to Luverne, Minnesota, where relatives live. He checked into a hotel and stabbed himself in the chest with a knife, leaving a note apologizing to his family.
The discovery has led to reviews of recruiting policies, background checks and security procedures at organizations of schools around the world.
Jane Larsson, executive director of the Council of International Schools, said a group of six international education associations was examining to close loopholes allowing pedophiles to move from country to country without being detected by background checks or other reports.
“When this kind of thing happens it’s a shock to everyone and it mobilizes action,” she said.
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Associated Press writer Michael Weissenstein reported this story from Mexico City and Tami Abdollah reported from Los Angeles. AP writers Luis Manuel Galeano in Managua, Nicaragua; Adam Schreck in Dubai; Niniek Karmini and Margie Mason in Jakarta; Joshua Goodman in Caracas, Venezuela; Jill Lawless and Sylvia Hui in London; and Carson Walker in Luverne, Minnesota, contributed to this report.
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Michael Weissenstein on Twitter: https://twitter.com/mweissenstein
Tami Abdollah on Twitter: https://www.twitter.com/latams
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Online:
FBI contact for potential victims: http://www.fbi.gov/stats-services/victim—assistance/seeking-victim-information/seeking-victims-in-william-james-vahey-case
Or: https://forms.fbi.gov/william-james-vahey-case-victim-questionnaire
http://abcnews.go.com/
Advocates for Child Victims Act of NY to combat childhood sexual abuse in Albany to urge reform of archaic NYS codes
/in New York /by SOL ReformGroups serving women and girls present letter of support for Child Victims Act;
National speedskating champion talks about abuse in amateur, Olympic sports;
Noted victims rights group reveals results of its opinion polling in NYS Senate districts.
ALBANY, NY, MAY 13, 2014 – Advocates and supporters of the Child Victims Act joined Assemblywoman Margaret Markey at a press conference in Albany to unveil new support for the expanded Child Victims Act (CVA). The program was held in conjunction with a Child Victims Act Advocacy Day which brought scores of advocates here to urge legislators to support the bill.
“In so many different ways, today we put a spotlight on New York State’s poor record of dealing with victims of childhood sexual abuse and how this archaic approach protects pedophiles who continue to abuse new generations of children,” said Assemblywoman Markey. “The present statute of limitations is too short. We need to change the law to better provide justice for victims of sexual assault, particularly for older victims, and to expose perpetrators who have been hidden by sports and youth groups, schools and religious organizations.”
The Child Victims Act (A1771A/S6367) seeks to completely eliminate the criminal and civil statute of limitations (SOL) for child sex abuse crimes and also provides a one-year civil suspension of SOLs to permit older victims to get justice. Presentations made today included:
The Child Victims Act is sponsored in the State Senate by Senator Brad Hoylman. He said: “Child sexual abuse is among the most heinous of crimes but it often never is prosecuted or subject to civil action. New York should allow the victims of child sexual abuse to have their day in court by eliminating the criminal and civil statute of limitations on these crimes. It’s wrong that our current law rewards institutions for covering up sexual abuse until the statute of limitation passes.”
NEW YORK RANKS AMONG VERY WORST STATES FOR SURVIVORS
Cardozo Law School Professor Marci Hamilton, a constitutional law scholar, author, and expert on statute of limitations issues across the nation, said: “New York is among the worst states in the country for child sex abuse statutes of limitations. It shares this distinction with two deep southern states, Alabama and Georgia, and two Midwestern states, Indiana and Michigan. While the vast majority of states have been increasing access to justice for victims over recent years, New York continues to block access for the vast majority of New York’s child sex abuse victims.”
NATIONAL ICE SKATE CHAMP SPEAKS ABOUT ABUSE IN SPORTS
Former national champion speedskater Bridie Farrell, who has roots in Saratoga Springs, NY, talked about her experiences as a young teenage competitor who was abused by her teammate and trainer when she was in training. The skater Andy Gabel, became President of U.S. Speedskating, the, the national umbrella group for speedskaters, a position he has resigned after Farrell and others came forward with similar stories of abuse.
“When people don’t come forward, it helps these guys to get away with it. It took a lot for me to speak out, but what did I have to lose?” she said.
Farrell is a former Women’s American record holder in the 1500 and 3000 individual and 3000 meter relay competition and has been a member of numbers of World Cup, Junior and Senior World Championship, Goodwill Games and University Games teams.
She first revealed details about her sexual abuse when she had stopped skating to become a student at Cornell University and has continued to discuss it publically. After a radio interview identifying her molester got wide attention last year, he publically apologized in a newspaper story. For Farrell, however, the statute of limitations for the offenses against her in New York had expired in 2005.
“The statute of limitations needs to change,” she said. I reported it much sooner than most; a lot of women don’t come out until they’ve married and have their own children. So having a five year statute of limitations is an insult.”
Farrell is unafraid to speak about what happened to her and has become active in the SafeSport program, which was created in 2010 by the U.S. Olympic Committee to address issues of sexual abuse, hazing and harassment in amateur sports.
OPINION POLL SHOWS STRONG SUPPORT FOR SOL REFORMS
“New York’s statute of limitations for child sex abuse must be eliminated because pedophiles don’t retire. The current law hurts no one but victims, and helps no one but abusers and those that protect them,” said Jeffrey Dion, Deputy Executive Director for the National Center for Victims of Crime.
Even though the Child Victims Act has been adopted four times by the New York State Assembly, it has never been brought to the floor of the State Senate. Because of the view that the Republican leadership fears adverse political consequences for supporting CVA, Dion’s organization commissioned FrederickPolls of Arlington, VA., to measure voter attitudes in selected State Senate districts in the Southern Tier, near Rochester, in the mid-Hudson Valley and on Long Island.
The pollsters found widespread support for specific civil and criminal statute of reform proposals. They found: 73% of respondents favor ending limits on criminal felonies; 67% of voters surveyed favor ending all age limits for civil suits against abusers; 60% say victims should be able to sue their abuser at any time; and 55% favor ending age limits for civil suits against organizations. Polling also showed that voters favor a one-time “window” where older survivors may still directly sue their abusers or the organizations where the abuse occurred.
WOMENS GROUPS FOCUS ON ABUSE OF FEMALE SURVIVORS
“The vast majority of child sexual abuse victims are female and the consequences can be devastating and life-long,” said the letter organized by leaders of the Downstate Crime Victims Coalition and the Ms. Foundation for Women. “They made it public at the press conference and are delivering it today to Governor Andrew Cuomo and top leaders of the State Senate and Assembly.
They said: “We believe this legislation is essential to create access to justice for adults who have been damaged by child sexual abuse and to help prevent the abuse of children.”
Among the other organizations signing the letter from organizations that serve women and girls are: National Organization for Women-NYC, the League of Women Voters of NYS, and the YWCA of Brooklyn. Other signers include the Center for Anti-Violence Education, Her Justice, Connect, Inc, and the Horace Mann Action Coalition.
The groups recently sponsored a state-wide webinar to educate organizations and agencies about child sexual assault and the importance of changing the statute of limitations for these offences.
Julie Kaye, Senior Strategist for the Ms. Foundation for Women said: “We are pleased to stand in partnership with organizations and individuals working to advance the rights of women and girls in support of legislation to help prevent child sexual abuse. The vast majority of child sexual abuse victims are female, and the consequences of abuse can be devastating and life-long. Girls who experience child sexual abuse are more likely to be at risk for sexual and domestic violence, teen pregnancy, poverty, coerced sex work and trafficking, juvenile incarceration, homelessness and re-victimization. This legislation allowing greater access to justice sends a powerful message that our legal system will not tolerate such abuse but rather will help all survivors to heal and thrive.”
“The Downstate Coalition for Crime Victims is proud to stand with Assembly Member Margaret Markey to help protect New Yorkers from the tragedy of child abuse,” said the Co-Chairs, Michael Pollenberg and Susan Xenarios. “For too long, abusers have been able to avoid justice simply by waiting until the statute of limitations on most sex abuse charges expired. It is critically important that survivors of these crimes have the opportunity to hold their abusers accountable and to ensure they can’t commit additional crimes. It is also important to create a window that will allow adult survivors of child abuse the opportunity to seek justice in civil courts. We applaud Assembly Member Markey for her determination and courage, and call on her colleagues in the State legislature to pass this bill into law without further delay.”
Mary Haviland, Executive Director of the New York City Alliance Against Sexual Assault, said: “The New York City Alliance Against Sexual Assault strongly supports the Child Victim Act which would eliminate the statute of limitations for civil actions arising from the sexual abuse of children as well as for certain sex offenses against children. More and more, survivors of sexual abuse are stepping forward to reveal their stories. Yet these acts of courage are often accompanied by the realization that they do not have access to justice because their cases are barred by the Statute of Limitations. Not only does this harm survivors, it allows perpetrators to continue their abuse, subjecting more children to abuse. We applaud the efforts of Assemblywoman Marge Markey to be a clear and persistent voice for the elimination of the Statute of Limitations. Childhood sexual abuse is a heinous crime that often debilitates its victims many years – even decades — after it ends, and those who have suffered from this abuse ought to be given every opportunity to pursue justice.”
CATHOLIC LAY ORGANIZATIONS FORM COALITION
The Catholic Coalition of Conscience includes: Call To Action Metro NY, Call To Action Upstate NY, Voice of the Faithful NY, and Dignity/NY. Leaders of two of the member groups spoke at the press conference here today.
Francis Piderit of VOTF NY said: “Our Catholic Coalition of Conscience speaks for all victims of sex abuse, and for all Catholics who believe with Pope Francis that our church should be doing everything possible to support survivors of sexual abuse. We believe the Catholic Church has a moral obligation to endorse statute of limitations reform in the state of New York.”
“Within the Catholic Church our membership urges Pope Francis to take strong action world-wide to hold bishops and priests accountable for acts of clergy child sex abuse,” said Upstate Call To Action Board Member Steve Powers. “Within New York State our members across four dioceses feel that the removal of the current statute of limitations on certain new sex crimes against children and the opening of a one year ‘window’ for previous victims to come forward are extremely important. We act both as citizens concerned about the welfare of all our children and as faithful Catholics who are witnessing political stonewalling by our bishops.”
NY RANKS WORST IN STUDY OF ABUSE AT INDEPENDENT SCHOOLS
Peter Brooks, of the Horace Mann Action Coalition, said: “The current SOL is the root of a broken system — a monument to loopholes. At its core, the system doesn’t protect victims but allows schools to hide abusers, bury evidence, mislead those who report, create more victims, stall those who come forward — all with the blind eye (and therefore blessing) of regulators, the DA and the education laws.”
He added, “Institutions are not changing on their own. They resist… and need our push. The current NY SOL adds a perverse incentive for schools to avoid addressing the issue at precisely the time it would have the most positive impact. ‘Best to wait until later.’ Exactly that sad lack of action enables further abuse. Just look at a count of victims, the damage of a restrictive and flawed statute of limitations in New York State: Outside NY: 3 per school. NY: 30 per school. A factor of 10.”
The Child Victims Act legislation has been adopted by the Assembly four times since 2006, but has not yet advanced in the State Senate. It would completely eliminate the criminal and civil statute of limitations for child sex abuse crimes in New York State (which now expires only 5 years after a victim turns 18) and also completely suspend the civil statute of limitations for one year to provide justice for older victims and unmask abusers and those who have hidden them.
Advocacy organizations and non-profits who want to connect with the Downstate Coalition and the Ms. Foundation activities on behalf of CVA should contact: JKay@Ms.Foundation.org or mhaviland@svfreenyc.org
For information about progress in changing statute of limitations in states across America, see Professor Marci Hamilton’s website, http:/sol-reform.org
For Information about CVA developments in NY and updates about 2014 activities, see the CVA button on Assemblywoman Markey’s Assembly website home page, http://assembly.state.ny.us/mem/Margaret-M-Markey/
FOR MEDIA INFO, CALL MIKE ARMSTRONG, 718-651-3185, 917-279-8437, 518-455-4755, armmic@earthlink.net
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Victoria ends statutory time limit on historical child sex abuse cases
/in New York /by SOL ReformSTATUTORY time limits blocking historical child sex abuse cases from going to court in Victoria are to be removed.
Attorney-General Robert Clark says the government will remove provisions that can block a victim of child abuse taking legal action.
“We don’t want any organisation to be able to use time limits or other impediments in the legislation in order to hide behind those to avoid liabilities,” Mr Clark told reporters on Thursday.
He said the government would overhaul the Limitations of Actions Act.
“We are going to go through each and every one of the provisions of the Limitations of Actions Act to work out where they should be removed, amended or otherwise modified,” Mr Clark said.
This may lead to more historic child abuse cases coming before the courts, but Mr Clark said the changes were not retrospective in that it would not “open up liability that was not there in the first place”.
“We’re going to go through each and every one of those limitations to ensure that they cannot be inappropriately used and so the law can take its course,” he said.
The Victorian parliamentary inquiry into child abuse called for the lifting of the statute of limitations on criminal child abuse.
Premier Denis Napthine said the government would make it easier for victims of abuse to access civil remedies by removing inappropriate time limitations and impediments that restrict their access to the civil judicial system.
“We as a government are committed to ensuring organisations cannot hide behind statutory time limits in order to avoid the liability they have for harm they have caused to victims of child abuse,” he told reporters on Thursday.
The government has already created offences for people who fail to report suspected child sexual abuse, as well as for people holding a position of responsibility who fail to protect a child when they know someone in their organisation poses a risk.
“We have taken immediate action to prohibit grooming while also introducing criminal offences for people who fail to provide relevant information to police if they know or believe a child has been abused,” Dr Napthine said.
“We want to protect children.” He said there were some circumstances, particularly where there is family violence, where there needed to be “some understanding” that women could be creating more risk for themselves and the child by reporting abuse.
There is an exemption for those situations, he said.
The government will also establish a scheme requiring centralised reporting of abuse allegations to the Commission for Children and Young People.
It will introduce minimum child safety standards for organisations with direct and regular contact with children, so they adopt preventative measures to minimise the risk of abuse. The standards will be mandatory for organisations that have a high degree of responsibility for children.
All schools must also adopt a policy for responding to child abuse allegations.
Working with children checks will also be expanded to include religious ministers with children in their organisation, or who otherwise come into contact with children as part of their duties. The government has allocated $10 million to strengthen child protection measures in the state, with the funds largely going to the commission.
Dr Napthine said the measures would build on significant work already done, including a new grooming offence. AAP
Source: Victorian government response to parliamentary committee inquiry into handling of child abuse by religious and other organisations.
AAP
http://www.theaustralian.com.au/national-affairs/state-politics/victoria-ends-statutory-time-limit-on-historical-child-sex-abuse-cases/story-e6frgczx-1226910540134