State Rep. Mark Rozzi, D-Berks, today premiered his documentary “You Have the Power” featuring victims of child sexual abuse and said the documentary demonstrates a drastic need for reform to the state’s statute of limitations law.
Rozzi said all victims and advocates featured in the documentary were impacted by abuse that occurred in Pennsylvania.
“These people are our neighbors, family, friends and coworkers. While the statistics show that one in four girls and one in six boys have been abused, only one in 10 will tell of his or her abuse,” Rozzi explained.
Rozzi discussed his H.B. 2067 that would suspend the civil statute of limitations for victims of child sexual abuse who have not yet reached 50 years old. The measure would allow victims the opportunity to seek civil recourse from their perpetrators and would permanently remove the civil and criminal statute of limitations involving child sexual abuse.
“It takes victims years if not decades to acknowledge the abuse. We need to give them the opportunity to seek justice and protect future generations of children by bringing action against perpetrators,” Rozzi said.
Rozzi was joined by state Sen. Rob Teplitz and state Reps. Louise Bishop, Madeleine Dean, Ed Gainey, Dan Miller, Tom Murt, Steve McCarter, Mike O’Brien, Steve Santarsiero and Brian Sims.
Teplitz has drafted similar legislation that would suspend the statute of limitations and remove the sexual abuse statute of limitations for civil recourse and criminal prosecution. His bill would also remove the sovereign immunity defense for public officials and institutions.
“It takes incredible courage for sex abuse victims to come forward and share their stories, but because of the incredible toll that this horrendous crime takes on victims, they often need years and sometimes even decades to garner the strength to open up about abuse. Unfortunately, Pennsylvania law prevents them from facing their accuser in court,” said Teplitz, D-Dauphin/York. “These bills would give victims the opportunity to seek justice so that they can heal and break the cycle of abuse.”
To ensure that sexual assault survivors can seek justice against their perpetrators, state Rep. Anna Moeller (D-Elgin) is co-sponsoring legislation to extend the statute of limitations in certain sexual assault cases.
“Unfortunately, backlogs in processing vital DNA evidence can result in rape kits being left untested for months, or even years,” Moeller said. “Rape and sexual assault victims should never see justice delayed simply because law enforcement can’t keep up with the processing of the evidence. This bill pushes back the clock so that victims are not unfairly punished because of a processing delay.”
Senate Bill 2609 changes the start of the statute of limitations for sexual assault cases from when the crime occurs to when the rape kit has been collected, processed and analyzed. This measure addresses the sometimes years-long backlog in processing evidence kits.
Senate Bill 2609 passed the Senate and is under consideration in the House.
“This proposal will give every victim the opportunity to see their perpetrators held responsible for these horrific crimes,” said Moeller.
Moeller represents the 43rd District, which includes most of Elgin and portions of Barrington Hills, Carpentersville, East Dundee and South Elgin.
For more information, contact Moeller’s constituent services office at (847) 841-7130 or staterepmoeller@gmail.com.
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 Reform2014-05-03 04:43:122014-05-03 04:43:12Rep. Moeller Co-Sponsoring Bill to Extend Statute of Limitations in Sexual Assault Cases (Chicago Tribune)
HONOLULU (AP) — The Hawaii Legislature has approved two bills that would give victims of child sex abuse more time to file complaints and prosecutors unlimited time to file criminal charges.
One of the proposals (HB 2034) would completely remove the statute of limitations for continuous sexual assault of a child or abuse in the first and second degrees.
The other (SB 2687) would extend the deadline for civil filings to 2016.
Victims had been given a two-year window to file lawsuits in cases that had passed the statute of limitations. But that window closed last week.
A flurry of lawsuits were filed before that, including one against “X-Men” director Bryan Singer. Singer has denied the allegations.
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Federal officials will launch a Web site called NotAlone.gov to support survivors of sexual assault on campuses and also plan to challenge colleges to survey their students next year about sexual misconduct and other safety issues, a White House task force reported Monday night.
“Colleges and universities need to face the facts about sexual assault,” Vice President Biden said in a statement as a 20-page report was released. “No more turning a blind eye or pretending it doesn’t exist. We need to give victims the support they need — like a confidential place to go — and we need to bring the perpetrators to justice.”
The Task Force to Protect Students From Sexual Assault, which President Obama formed in January, is spotlighting an issue that has gained widespread notice in the past few years because of allegations of sexual violence at prestigious schools such as Amherst College in Massachusetts and Vanderbilt University in Tennessee. Thepresident of Dartmouth College this month pledged a campaign to end “extreme behavior,” including sex assaults and dangerous drinking, at the college campus in New Hampshire.
Also, Brown University’s president on Saturday said the school would take “aggressive steps to ensure that our campus is safe for everyone” — responding in part to questions raised about a sex assault case reported at the Rhode Island campus.
On Monday, the Education Department’s Office for Civil Rights issued a finding that Tufts University in Massachusetts had violated federal anti-discrimination law in its handling of sexual assault and harassment complaints. Tufts said it was “surprised and disappointed” that the federal office found it to be out of compliance with the law known as Title IX. “Tufts University is deeply committed to the safety and well-being of our students, faculty and staff,” the school said.
The task force, led by Biden and the White House Council on Women and Girls, canvassed assault survivors, college administrators and others for ideas on how to respond to a phenomenon researchers have found: that one in five women is sexually assaulted in college.
Among the report’s top recommendations:
●Colleges should learn about what’s happening on campus through systematic surveys.
“Schools have to get credit for being honest — and for finding out what’s really happening on campus,” the task force wrote. “Reports to authorities, as we know, don’t provide a fair measure of the problem. But a campus climate survey can. When done right, these surveys can gauge the prevalence of sexual assault on campus, test students’ attitudes and awareness about the issue, and provide schools with an invaluable tool for crafting solutions.”
The task force said the administration would consider requiring colleges to conduct such surveys in 2016.
●Colleges should promote “bystander intervention” — in others words, getting witnesses to step in and help when misconduct arises. “To help enlist men as allies, we are releasing a Public Service Announcement featuring President Obama, Vice President Biden, and celebrity actors,” the report said.
●Colleges should identify trained victim advocates who can provide emergency and ongoing support. The administration plans to release a sample reporting and confidentiality protocol, as well as a “checklist” for an effective sexual misconduct policy.
The report also said the government would make enforcement data and other information about sex assault on campuses available through NotAlone.gov. It said the new Web site would collect in one easy-to-read place information that students had often struggled to find. The site will aim to “give students a clear explanation of their rights,” the report said, as well as “a simple description of how to file a complaint” with federal authorities. “It will help students wade through often complicated legal definitions and concepts, and point them toward people who can give them confidential advice — and those who can’t,” the report said.
Serving on the task force were Attorney General Eric H. Holder Jr., Education Secretary Arne Duncan and several other Cabinet members and other government officials.
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DES MOINES, Iowa – When someone is the victim of a sexual assault, most people would assume that the law is, and always will be, squarely on their side.
That’s certainly the case in many states, where the trend has been to extend or eliminate the statute of limitations for criminal charges or civil lawsuits involving sexual abuse.
Many states have also extended the number of years that victims of childhood sexual abuse can file civil suits against their molesters.
But the issue remains frustratingly cloudy in Iowa, and the state’s Supreme Court is currently sorting it out.
The court in early April heard oral arguments in the case of Jane Doe vs. the New London school district, which centers on teacher Gina Sisk, who allegedly sexually abused students in both New London and Keokuk school districts, the Associated Press reports.
A woman using the pseudonym “Jane Doe”, a former student in the New London district, filed a lawsuit against Sisk for alleged sexual abuse, and against the district for its alleged failure to protect her from the assaults.
Steven Ort, the attorney representing the school district, asked a district court to dismiss the lawsuit, claiming it was filed beyond the state’s 10-year statute of limitations. Jane Doe graduated from high school in 2004 and moved away from New London.
“Without making light or diminishing in any way what happened to Jane Doe, it does not change the fact that all events occurred almost and in many instances more than 10 years ago,” Ort told The Republic. “There is a statute of limitations in Iowa.”
Roxanne Conlin, the attorney representing Jane Doe, argued the statute of limitations clock didn’t start ticking until her client realized during counseling sessions in 2011 that her mental issues were the result of her six-year relationship with the teacher, the Associated Press reports.
Conlin argued for the application of the “discovery rule,” which gives victims up to four years to file a lawsuit after they realize they have suffered personal harm.
“The victim, Jane Doe, always knew that there had been sex between her and Gina Sisk,” Conlin said, according to the AP. “What she did not know is that it caused her harm. And that is what she must know. She has to know she has a cause of action.”
District Judge Cynthia Danielson in February 2013 denied Ort’s request to dismiss the case, but Ort appealed her decision to the state Supreme Court.
The decision on the appeal, due any day, is being closely reviewed for any new legal precedents it might set.
The AP reports “court observers believe the Supreme Court’s decision could have a statewide affect on Iowa’s Municipal Tort Claims Act,” specifically in regard to how the statute of limitations for such cases is applied.
States have been favoring victims
If the decision favors the alleged victim, it would put Iowa in line with many other states, according to Mary Jo McGrath, a California-based attorney with more than two decades of experience in educator sexual abuse cases.
McGrath told EAGnews that many states have specifically crafted laws to allow young sexual abuse victims more time to bring a civil action because of the psychology involved in such cases.
In a number of states, the statute of limitations for educator sexual abuse cases doesn’t start until the victim turns 21, or they realize they’ve been injured by their traumatic experience.
“It fits with the science, the psychology … that says people have difficulty” connecting their abuse with mental issues that develop later, she said.
“It’s classic that people suppress it until they are at a level they can deal with it,” McGrath said. “That’s why the law has changed in most places … to allow for the extended timeline.
“That’s the direction the law has gone in many jurisdictions,” she said.
Terri Miller, president of the advocacy group Stop Educator Sexual Abuse Misconduct & Exploitation, believes it makes little sense to have any statute of limitations on child sexual abuse cases at all. In most cases, victims have “been exploited to believe what happened to them is normal or special,” and it can take years for them to realize otherwise.
“It’s my opinion there should not be a statute of limitations at all for child sexual abuse … because the victims don’t understand” fully how they’ve been wronged until years later, she said.
The abuse
Jane Doe was not the only former student to file a lawsuit in response to Sisk’s alleged actions. Jane Doe 2, a former student in the Keokuk school district, filed suit against Sisk for the alleged assaults, and against the district and former Keokuk High School Principal Michelle Lukavsky for failing to protect her.
Sisk worked in the Keokuk district after resigning her job in the New London district.
It’s interesting to note that Sisk no longer has a personal stake in any of the legal proceedings. She was never charged with any crime, and both Jane Does have settled out of court with her, thereby removing her from the ongoing lawsuits.
That leaves only the school districts and one principal as defendants in the two cases. And the New London case could soon be dismissed if the Supreme Court agrees that the 10-year limit on filing the lawsuit should be applied.
Both the New London and Keokuk cases detail a similar pattern of conduct by Sisk that evolves from typical pedophile grooming practices, ranging from excessive praise and attention, personal tutoring and school-related overnight trips to “fondling on team busses, threats of reprisal, actual physical violence, intimidation and remorse,” the AP reports.
Court documents allege Sisk forced the girls to lie about their relationships with her, and school officials did very little to investigate rumors of misconduct. In one incident, for example, the New London Jane Doe was called to the principal’s office to discuss the nature of her relationship with Sisk, but the teacher intercepted her in the hallway and told the teen to deny any wrongdoing, according to the news service.
With allegations swirling, Sisk left New London schools in 2006 and took a job with Keokuk schools. Jane Doe 2 alleges the teacher continued with her insidious behavior in that district.
Jane Doe 2 claims she told principal Lukavsky of her allegations against Sisk in May 2009, but he failed to properly investigate them. Instead, Lukavsky and school officials allegedly “permitted her to retract her allegations because of defendant Sisk’s threats (against her). …
“They also required (the student) to sign a document indicating her allegations were ‘a lie’ without conducting an investigation into the allegations,” according to court documents cited by the AP.
Conlin says Jane Doe 2 recanted her allegations because Sisk sent her a text message telling her to lie to school officials and police.
The Keokuk School District put Sisk on paid leave after the first lawsuit against New London schools was filed in 2012. Sisk raked in at least $75,000 before resigning at the end of the 2012-13 school year, Tri States Public Radioreports.
The case against Keokuk schools and Lukavsky moves toward a jury trial set for September in South Lee County. The same two attorneys involved in the New London case – Conlin and Ort – are also going head-to-head in the Keokuk case.
As a side note, Sisk was attacked at her home by an unknown assailant March 12, 2013 and was transported to the hospital, where she was treated and released. That case remains unsolved.
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I can’t tell you how frequently, because sadly I’ve lost track of the number of times a fellow survivor of childhood sexual abuse has told me someone in their life said to them, “why can’t you just get over it?”
Someone commented the other day in one of the online support groups that I belong, “sometimes the feel of this group is to be passed the past. I am simply not. My one on one therapy has been shit. I don’t feel I have gotten any better. If I post some bad things or things I feel I don’t know it’s like I fail. It is not you, it’s me :(“
So I replied – “please know you are not alone [link omitted – DAK] with the feelings you’re having. Many of us, including myself, wonder when things will “get better”. In group this week we even talked about how we didn’t understand why, after going through so much therapy why we would still have the past come back and bite us in the butt. We even have members of our family or friends say, why don’t you just get over it? The thing is, we never “get over” what we have been through. The best we can hope for is to “work through it” and to heal. And so together, helping one another with what has helped each of us, we try to do just that. Combine our cumulative learning and coping skills to better handle “it” when it rears it’s ugly head. I guess I’m just trying to say, we’re here for you, I’m here for you and you’re not alone.”
What’s really sad to me is when people in our lives, people we care about and love utter those words, “get over it.” It’s as if they think we’ve been in a car wreck or had a bad cold. How they can be so insensitive to spew such verbal poison is beyond the pale.
I know, and thankfully so, they can’t possibly comprehend the hell and torture we’ve been through. But to lack even the slightest amount of decency or courtesy boggles the mind. Even more baffling is when it comes from a “professional” or someone who HAS been sexually abused. In those situations it’s clear they have not faced their own demons and so to make themselves look or feel better, they say words that cut to the bone and do more damage. It’s that type of thought and speech that causes survivors of abuse to either stop talking or further bury emotions and the trauma that they desperately need to work through. And now, because someone has said what they have, the healing process is delayed, derailed or denied altogether.
I remember being told as a youngster, if you can’t say something nice don’t say anything at all. Well here’s my message to all those who tell us to get over it…
…shut your pie hole! You have no clue what you’re talking about and you’re hurting more than helping so do everyone a favor and keep your mouth shut!
Can you tell I’m a little aggravated about this issue?
And to all of my fellow survivors, please hear me when I say this…pay no attention to the man behind the curtain, and the dingbats who would say such words. They don’t know what we’ve been through. Keep doing what you’re doing by working with your therapist, attending group therapy and relying on the support, guidance and comfort of those who care enough about you to say positive affirmations. We CAN heal and we CAN do it together.
Healing and recovery from childhood sexual abuse is challenging enough as it is. If someone is not a part of your healing, disregard them. And cling tightly to those who show you true love, empathy and support.
As I was writing this I thought of something to say the next time I hear those words…I’ll ask them, would you tell me to “get over it” if I had cancer or heart disease? Of course not because that would be ridiculous. Well, what we are going through is like a cancer of our minds and disease of our hearts. If we don’t address it in a healthy way it tears us apart from the inside out.
So please, be careful what you say to those in pain, to those who have been utterly devastated as children to the point it affects us adversely as adults. We need to be loved and supported, not dismissed with hateful words. And be thankful it didn’t happen to you and pray it doesn’t happen to your children. I bet you wouldn’t tell them to…get over it…
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Pennsylvania Action Alert!
/in Pennsylvania /by SOL ReformContact your legislators now to support Rep. Rozzi’s bill AND the Sen. bill that has an age 50-retro extension
Rozzi unveils documentary featuring victims of sexual abuse
State Rep. Mark Rozzi, D-Berks, today premiered his documentary “You Have the Power” featuring victims of child sexual abuse and said the documentary demonstrates a drastic need for reform to the state’s statute of limitations law.
Rozzi said all victims and advocates featured in the documentary were impacted by abuse that occurred in Pennsylvania.
“These people are our neighbors, family, friends and coworkers. While the statistics show that one in four girls and one in six boys have been abused, only one in 10 will tell of his or her abuse,” Rozzi explained.
Rozzi discussed his H.B. 2067 that would suspend the civil statute of limitations for victims of child sexual abuse who have not yet reached 50 years old. The measure would allow victims the opportunity to seek civil recourse from their perpetrators and would permanently remove the civil and criminal statute of limitations involving child sexual abuse.
“It takes victims years if not decades to acknowledge the abuse. We need to give them the opportunity to seek justice and protect future generations of children by bringing action against perpetrators,” Rozzi said.
Rozzi was joined by state Sen. Rob Teplitz and state Reps. Louise Bishop, Madeleine Dean, Ed Gainey, Dan Miller, Tom Murt, Steve McCarter, Mike O’Brien, Steve Santarsiero and Brian Sims.
Teplitz has drafted similar legislation that would suspend the statute of limitations and remove the sexual abuse statute of limitations for civil recourse and criminal prosecution. His bill would also remove the sovereign immunity defense for public officials and institutions.
“It takes incredible courage for sex abuse victims to come forward and share their stories, but because of the incredible toll that this horrendous crime takes on victims, they often need years and sometimes even decades to garner the strength to open up about abuse. Unfortunately, Pennsylvania law prevents them from facing their accuser in court,” said Teplitz, D-Dauphin/York. “These bills would give victims the opportunity to seek justice so that they can heal and break the cycle of abuse.”
Rep. Moeller Co-Sponsoring Bill to Extend Statute of Limitations in Sexual Assault Cases (Chicago Tribune)
/in Illinois /by SOL Reform10:14 a.m. CDT, April 30, 2014
To ensure that sexual assault survivors can seek justice against their perpetrators, state Rep. Anna Moeller (D-Elgin) is co-sponsoring legislation to extend the statute of limitations in certain sexual assault cases.
“Unfortunately, backlogs in processing vital DNA evidence can result in rape kits being left untested for months, or even years,” Moeller said. “Rape and sexual assault victims should never see justice delayed simply because law enforcement can’t keep up with the processing of the evidence. This bill pushes back the clock so that victims are not unfairly punished because of a processing delay.”
Senate Bill 2609 changes the start of the statute of limitations for sexual assault cases from when the crime occurs to when the rape kit has been collected, processed and analyzed. This measure addresses the sometimes years-long backlog in processing evidence kits.
Senate Bill 2609 passed the Senate and is under consideration in the House.
“This proposal will give every victim the opportunity to see their perpetrators held responsible for these horrific crimes,” said Moeller.
Moeller represents the 43rd District, which includes most of Elgin and portions of Barrington Hills, Carpentersville, East Dundee and South Elgin.
For more information, contact Moeller’s constituent services office at (847) 841-7130 or staterepmoeller@gmail.com.
Hawaii lawmakers extend time for sex abuse cases
/in Hawaii, Hawaii Window /by SOL ReformHONOLULU (AP) — The Hawaii Legislature has approved two bills that would give victims of child sex abuse more time to file complaints and prosecutors unlimited time to file criminal charges.
One of the proposals (HB 2034) would completely remove the statute of limitations for continuous sexual assault of a child or abuse in the first and second degrees.
The other (SB 2687) would extend the deadline for civil filings to 2016.
Victims had been given a two-year window to file lawsuits in cases that had passed the statute of limitations. But that window closed last week.
A flurry of lawsuits were filed before that, including one against “X-Men” director Bryan Singer. Singer has denied the allegations.
White House issues report on steps to prevent sexual assault at college campuses (Washington Post)
/in Uncategorized /by SOL ReformView the White House Report
Federal officials will launch a Web site called NotAlone.gov to support survivors of sexual assault on campuses and also plan to challenge colleges to survey their students next year about sexual misconduct and other safety issues, a White House task force reported Monday night.
“Colleges and universities need to face the facts about sexual assault,” Vice President Biden said in a statement as a 20-page report was released. “No more turning a blind eye or pretending it doesn’t exist. We need to give victims the support they need — like a confidential place to go — and we need to bring the perpetrators to justice.”
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Also, Brown University’s president on Saturday said the school would take “aggressive steps to ensure that our campus is safe for everyone” — responding in part to questions raised about a sex assault case reported at the Rhode Island campus.
On Monday, the Education Department’s Office for Civil Rights issued a finding that Tufts University in Massachusetts had violated federal anti-discrimination law in its handling of sexual assault and harassment complaints. Tufts said it was “surprised and disappointed” that the federal office found it to be out of compliance with the law known as Title IX. “Tufts University is deeply committed to the safety and well-being of our students, faculty and staff,” the school said.
The task force, led by Biden and the White House Council on Women and Girls, canvassed assault survivors, college administrators and others for ideas on how to respond to a phenomenon researchers have found: that one in five women is sexually assaulted in college.
Among the report’s top recommendations:
●Colleges should learn about what’s happening on campus through systematic surveys.
“Schools have to get credit for being honest — and for finding out what’s really happening on campus,” the task force wrote. “Reports to authorities, as we know, don’t provide a fair measure of the problem. But a campus climate survey can. When done right, these surveys can gauge the prevalence of sexual assault on campus, test students’ attitudes and awareness about the issue, and provide schools with an invaluable tool for crafting solutions.”
The task force said the administration would consider requiring colleges to conduct such surveys in 2016.
●Colleges should promote “bystander intervention” — in others words, getting witnesses to step in and help when misconduct arises. “To help enlist men as allies, we are releasing a Public Service Announcement featuring President Obama, Vice President Biden, and celebrity actors,” the report said.
●Colleges should identify trained victim advocates who can provide emergency and ongoing support. The administration plans to release a sample reporting and confidentiality protocol, as well as a “checklist” for an effective sexual misconduct policy.
The report also said the government would make enforcement data and other information about sex assault on campuses available through NotAlone.gov. It said the new Web site would collect in one easy-to-read place information that students had often struggled to find. The site will aim to “give students a clear explanation of their rights,” the report said, as well as “a simple description of how to file a complaint” with federal authorities. “It will help students wade through often complicated legal definitions and concepts, and point them toward people who can give them confidential advice — and those who can’t,” the report said.
Serving on the task force were Attorney General Eric H. Holder Jr., Education Secretary Arne Duncan and several other Cabinet members and other government officials.
Iowa court will decide if sexually abusive teachers and their schools deserve statute of limitations protection (EAGnews.org powered by Education Action Group Foundation, Inc.)
/in Iowa /by SOL ReformDES MOINES, Iowa – When someone is the victim of a sexual assault, most people would assume that the law is, and always will be, squarely on their side.
That’s certainly the case in many states, where the trend has been to extend or eliminate the statute of limitations for criminal charges or civil lawsuits involving sexual abuse.
Many states have also extended the number of years that victims of childhood sexual abuse can file civil suits against their molesters.
But the issue remains frustratingly cloudy in Iowa, and the state’s Supreme Court is currently sorting it out.
The court in early April heard oral arguments in the case of Jane Doe vs. the New London school district, which centers on teacher Gina Sisk, who allegedly sexually abused students in both New London and Keokuk school districts, the Associated Press reports.
A woman using the pseudonym “Jane Doe”, a former student in the New London district, filed a lawsuit against Sisk for alleged sexual abuse, and against the district for its alleged failure to protect her from the assaults.
Steven Ort, the attorney representing the school district, asked a district court to dismiss the lawsuit, claiming it was filed beyond the state’s 10-year statute of limitations. Jane Doe graduated from high school in 2004 and moved away from New London.
“Without making light or diminishing in any way what happened to Jane Doe, it does not change the fact that all events occurred almost and in many instances more than 10 years ago,” Ort told The Republic. “There is a statute of limitations in Iowa.”
Roxanne Conlin, the attorney representing Jane Doe, argued the statute of limitations clock didn’t start ticking until her client realized during counseling sessions in 2011 that her mental issues were the result of her six-year relationship with the teacher, the Associated Press reports.
Conlin argued for the application of the “discovery rule,” which gives victims up to four years to file a lawsuit after they realize they have suffered personal harm.
“The victim, Jane Doe, always knew that there had been sex between her and Gina Sisk,” Conlin said, according to the AP. “What she did not know is that it caused her harm. And that is what she must know. She has to know she has a cause of action.”
District Judge Cynthia Danielson in February 2013 denied Ort’s request to dismiss the case, but Ort appealed her decision to the state Supreme Court.
The decision on the appeal, due any day, is being closely reviewed for any new legal precedents it might set.
The AP reports “court observers believe the Supreme Court’s decision could have a statewide affect on Iowa’s Municipal Tort Claims Act,” specifically in regard to how the statute of limitations for such cases is applied.
States have been favoring victims
If the decision favors the alleged victim, it would put Iowa in line with many other states, according to Mary Jo McGrath, a California-based attorney with more than two decades of experience in educator sexual abuse cases.
McGrath told EAGnews that many states have specifically crafted laws to allow young sexual abuse victims more time to bring a civil action because of the psychology involved in such cases.
In a number of states, the statute of limitations for educator sexual abuse cases doesn’t start until the victim turns 21, or they realize they’ve been injured by their traumatic experience.
“It fits with the science, the psychology … that says people have difficulty” connecting their abuse with mental issues that develop later, she said.
“It’s classic that people suppress it until they are at a level they can deal with it,” McGrath said. “That’s why the law has changed in most places … to allow for the extended timeline.
Terri Miller, president of the advocacy group Stop Educator Sexual Abuse Misconduct & Exploitation, believes it makes little sense to have any statute of limitations on child sexual abuse cases at all. In most cases, victims have “been exploited to believe what happened to them is normal or special,” and it can take years for them to realize otherwise.
“It’s my opinion there should not be a statute of limitations at all for child sexual abuse … because the victims don’t understand” fully how they’ve been wronged until years later, she said.
The abuse
Jane Doe was not the only former student to file a lawsuit in response to Sisk’s alleged actions. Jane Doe 2, a former student in the Keokuk school district, filed suit against Sisk for the alleged assaults, and against the district and former Keokuk High School Principal Michelle Lukavsky for failing to protect her.
Sisk worked in the Keokuk district after resigning her job in the New London district.
It’s interesting to note that Sisk no longer has a personal stake in any of the legal proceedings. She was never charged with any crime, and both Jane Does have settled out of court with her, thereby removing her from the ongoing lawsuits.
That leaves only the school districts and one principal as defendants in the two cases. And the New London case could soon be dismissed if the Supreme Court agrees that the 10-year limit on filing the lawsuit should be applied.
Both the New London and Keokuk cases detail a similar pattern of conduct by Sisk that evolves from typical pedophile grooming practices, ranging from excessive praise and attention, personal tutoring and school-related overnight trips to “fondling on team busses, threats of reprisal, actual physical violence, intimidation and remorse,” the AP reports.
Court documents allege Sisk forced the girls to lie about their relationships with her, and school officials did very little to investigate rumors of misconduct. In one incident, for example, the New London Jane Doe was called to the principal’s office to discuss the nature of her relationship with Sisk, but the teacher intercepted her in the hallway and told the teen to deny any wrongdoing, according to the news service.
With allegations swirling, Sisk left New London schools in 2006 and took a job with Keokuk schools. Jane Doe 2 alleges the teacher continued with her insidious behavior in that district.
Jane Doe 2 claims she told principal Lukavsky of her allegations against Sisk in May 2009, but he failed to properly investigate them. Instead, Lukavsky and school officials allegedly “permitted her to retract her allegations because of defendant Sisk’s threats (against her). …
“They also required (the student) to sign a document indicating her allegations were ‘a lie’ without conducting an investigation into the allegations,” according to court documents cited by the AP.
Conlin says Jane Doe 2 recanted her allegations because Sisk sent her a text message telling her to lie to school officials and police.
The Keokuk School District put Sisk on paid leave after the first lawsuit against New London schools was filed in 2012. Sisk raked in at least $75,000 before resigning at the end of the 2012-13 school year, Tri States Public Radioreports.
The case against Keokuk schools and Lukavsky moves toward a jury trial set for September in South Lee County. The same two attorneys involved in the New London case – Conlin and Ort – are also going head-to-head in the Keokuk case.
As a side note, Sisk was attacked at her home by an unknown assailant March 12, 2013 and was transported to the hospital, where she was treated and released. That case remains unsolved.
http://m.eagnews.org/?url=
Get Over It! by David Pittman
/in Survivor /by SOL Reform