Somewhere in an ultra-Orthodox enclave of Israel, former Melbourne school principal Malka Leifer continues to evade extradition to face criminal charges in Australia. Now one of her alleged victims speaks out for the first time.
Malka Leifer’s role in Melbourne’s Adass community was all-powerful.
As head of the Adass Israel School from 2003 to 2008, she was highly regarded in the community, running day-to-day operations at the school and teaching Jewish studies.
Leifer is now under house arrest somewhere in the ultra-Orthodox enclave of Bnei Brak in central Israel, where she fled in 2008 — allegedly with the help of senior members of Melbourne’s secretive Adass community.
She is wanted by Victoria Police to face prosecution for 74 child sex offences involving the abuse of girls at the Adass Israel School.
For almost two years, she has managed to evade extradition proceedings and her latest hearing scheduled for today has been postponed to an unknown date.
Outraged at the failure to extradite Leifer, one of her several alleged victims, who we will call Rebecca, is speaking out for the first time.
“It’s still extremely difficult for me to go into detail in regards to what happened to myself and the other victims,” she told Lateline.
“But the far-reaching effects the physical and emotional abuse is still having … I can’t find the words.”
They were not allowed to watch television, books had to be vetted to make sure they were suitable and they had very little contact with the outside world.
Barrister David Seeman
Last September, in a civil case against the Adass Israel School and Leifer, a Melbourne judge awarded one of the alleged victims $1.27 million in damages.
Barrister David Seeman represented the alleged victim in that case and he says the abuse occurred over a period of three years.
Media player: “Space” to play, “M” to mute, “left” and “right” to seek.
Video: The victim of alleged sex abuse at the hands of a former Melbourne school principal speaks out. (Lateline)
“It was at times frequent abuse, daily abuse and also at times not that frequent,” he said.
“It was conducted at the school, it occurred at Leifer’s home, it occurred on camps.
“It was made up of what you might regard as abuse low on the scale of severity, all the way up to the most serious horrific abuse.”
Mr Seeman has gained a rare insight into the ultra-conservative Adass community, from which the alleged victims came.
“It’s a very insular community. There’s very little communication or access to the secular community,” he said.
He says the alleged victims were brought up in an extremely strict environment.
“They were not allowed to watch television, books had to be vetted to make sure they were suitable and they had very little contact with the outside world,” he said.
“[They] were very, very naive especially as far as sexual matters were concerned.”
I know how manipulative she is. She manipulated all of us into doing many things.
Rebecca
When Rebecca first spoke out about the abuse, no-one believed her.
“Actually the people that I told, they didn’t believe me that it had happened,” she said.
“I only told two people and one of them threatened me that I have to keep quiet. She actually called me and said ‘what happened to you?’ And I started to tell her and she said: ‘That didn’t happen. Make sure you keep it that way.’
“That was the last person that I told.”
Eventually another of the victims revealed what had happened to her.
But only hours after the allegations were first raised, Leifer, her husband and five of her children fled Australia in the middle of the night to Tel Aviv, Israel.
For Rebecca, it was a shocking development.
“I’ll never forget that day,” she said.
“The whole community was in an upheaval and that’s when it properly hit me that the woman who had controlled my life for the past three years had just fled the country and she had just gone.
“And it was the shock, the anger, the pain, everything started coming in at once.”
Even more shocking is that some members of the Adass Israel School board are under investigation by Victoria Police for helping Leifer and her family leave.
The family’s plane tickets — obtained under subpoena — appear to have been paid for by the company of one of the board members.
Six years after fleeing Australia, the law caught up with Leifer and after an extradition request from Australia, she was arrested in August 2014 and placed under house arrest.
But since then, Leifer has managed to avoid seven court hearings into her extradition, with her lawyers arguing that she is unwell, suffering panic attacks and depression whenever a court date approaches.
At a hearing in February, Leifer’s lawyers even asked for the whole case to be thrown out.
Rebecca has been watching the case from Australia.
“I mean, first hand I know how manipulative she is. She manipulated all of us into doing many things,” she said.
“So she’s manipulating the Israeli justice system and even if she is suffering from those panic attacks and even if she is suffering from depression, what is that in comparison to what us victims are suffering every day?”
Leifer’s lawyer Yehuda Fried is refusing to talk to the media, but last year he told the ABC he would fight her extradition all the way to Israel’s High Court.
“We are conducting a court procedure. The Israeli law confirms that anyone in a psychotic state cannot be subject to legal proceedings,” he said.
Rebecca says it is almost unbearable that the woman who abused her and others is still free.
“It’s been very, very long, and every single day for me and any of the victims has been torture to be honest,” she said.
“Day after day we’re waiting for the Israeli justice system to make this woman face her crimes and to come back and be extradited and face her victims and face justice.”
At a hearing in February, Israeli prosecutor Avital Ribner Oron challenged Leifer’s medical claims, telling the judge she believed the former principal was “faking” her illness in order to get rid of the case.
Leifer’s attorney rejected the accusation, but he did admit in court that the panic attacks only occurred around the time of scheduled hearings.
In his ruling, Judge Amnon Cohen also questioned Leifer’s hospital admissions.
A document from the Sheba hospital on January 14 indicated that:
“The defendant arrived at the hospital with a referral letter to the psychiatric emergency department with recommendation of hospitalisation from her physician, from December 30, 2015 and ‘it’s not clear’ why she went to the hospital only on January 3, 2016.
“After the legal hearing took place, the defendant had asked to be released from hospitalisation.”
Judge Amnon also noted concerns about Leifer’s behaviour that were raised by the head of the psychiatric department.
“There is a sharp difference between her behaviour in the [psychiatric] department, among groups, during telephone conversations with family and in her formal examinations,” documents said.
Australian-Israeli victim advocate Manny Waks blew the whistle on sexual abuse at his ultra-orthodox Jewish school and religious centre in Melbourne and also gave evidence to the child abuse royal commission.
Now living in Israel, Mr Waks has founded a new global body to advocate on behalf of victims of child sexual abuse from within the Jewish community.
He has been following Leifer’s case closely and says the latest delay is outrageous.
“It is staggering how long it’s taken and I think it’s a poor reflection on the Israeli judicial system. Especially when we have seen some of the tactics used,” he said.
“It seems to me and to many of us that Malka Leifer and her legal team are really running the show here.”
Speaking from Bnei Brak, Mr Waks said he hoped justice would be served.
“It’s quite sad to think that Malka Leifer is in one of these apartments, living fairly at ease,” he said.
“Almost eluding justice, it’s not right.”
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FACSA | Foundation to
Abolish Child Sex Abuse
On behalf of PA victims of child sex abuse, please contact House Judiciary Committee Members TODAY!
Rep. Ron Marsico, Chair,
PA House Judiciary Committee
This week, Rep. Marsico, chair of the PA House Judiciary Committee, who, in the past, has blocked statue of limitation reforms for over a decade, has decided that instead of allowing debate on two current bills that have wide support among child abuse advocates (HB 655 and HB 951) he instead will offer his own bill for discussion tomorrow which will automatically be forwarded to his committee for consideration on Wednesday where he will recommend that it be considered by the whole PA State House. The proposed bill will likely eliminate the criminal statue of limitations for all cases of child sex abuse that happen after the passage of the bill. (As in, if you were abused the day after the bill passes you will have no limit on the time you can bring a criminal charge. If you were abused before the bill is passed, you will have a limit on how long you have to report the crime.) Marsico’s bill will do little to help current and past victims of child sex abuse and will allow their perpetrators a free ride. You can read more about it at the end of the newsletter if you like.
Whatever will happen over the next couple days is currently being negotiated among House members. For advocates of full #SOLReform it means there is a limited time where we can influence their decision.
Please contact as many members of the House Judiciary Committee as you can, especially Chairman Marsico,asking them to:
1. Support amendments to Rep. Marsico’s bill that will eliminate both the criminal AND civil statute of limitations on child sex abuse
and
2. Take up consideration of HB 951 which creates a 2 year window for present and past victims of sexual abuse to file civil suits that will expose hidden perpetrators and protect PA children.
House Judiciary Committee Members
Ron Marsico, Maj. Chair (717) 783-2014
Email: rmarsico@pahousegop.com Jim Cox (717) 772-2435
Email: jcox@pahousegop.com
Sheryl Delozier (717) 783-5282
Email: sdelozie@pahousegop.com Garth Everett (717) 787-5270
Email: geverett@pahousegop.com
Kate Klunk (717) 787-4790
Email: kklunk@pahousegop.com Martina White (717) 787-6740
Email: mwhite@pahousegop.com
Barry Jozwiak (717) 772-9940
Email: bjozwiak@pahousegop.com Mark Keller (717) 783-1593
Email: mkeller@pahousegop.com
Tim Krieger (717) 260-6146
Email: tkrieger@pahousegop.com Ted Nesbit (717) 783-6438
Email: tnesbit@pahousegop.com
Mike Regan (717) 783-8783
Email: mregan@pahousegop.com Rick Saccone (717) 260-6122
Email: rsaccone@pahousegop.com
Todd Stephens (717) 260-6163
Email: tstephen@pahousegop.com Marcy Toepel (717) 787-9501
Email: mtoepel@pahousegop.com
Tarah Toohil (717) 260-6136
Email: ttoohil@pahousegop.com Mike Vereb (717) 705-7164
Email: mvereb@pahouse.net
Joseph Petrarca (717) 787-5142
Email: jpetrarc@pahouse.net Bryan Barbin (717) 783-0686
Email: bbarbin@pahouse.net
Ryan Bizzarro (717) 772-2297
Email: repbizzarro@pahouse.net Tim Briggs (717) 705-7011
Email: repbriggs@pahouse.net
Dom Costa (717) 783-9114
Email: dcosta@pahouse.net Tina Davis (717) 783-4903
Email: RepDavis@pahouse.net
Jason Dawkins (717 787-1354)
Email: jdawkins@pahouse.net Madeleine Dean (717) 783-7619
Email: mdean@pahouse.net
Dan Miller (717) 783-1850
Email: repmiller@pahouse.net Gerald Mullery (717) 783-4893
Email: gmullery@pahouse.net
Brandon Neuman
Harrisburg Office: (717) 783-4834
Email: RepNeuman@pahouse.net
Thanks so much!
John Salveson, President FACSA
Links to media articles:
Harrisburg lawmaker’s bill would change statutes of limitation on sex crimes
Our mailing address is:
FACSA
740 Cornerstone Lane
Bryn Mawr, Pa 19010
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My responses to the Pennsylvania Catholic Conference’s misleading arguments against reviving civil SOL (attached here and below).
Also see facts on the other states here
TO: Members of the General Assembly
FR: Marci A. Hamilton
RE: Omissions in Pennsylvania Catholic Conference Memo on Effects of Retroactive
Civil Legislation for Child Sex Abuse
DATE: April 3, 2016
The Pennsylvania Catholic Conference (“PCC”) has submitted misleading arguments against the value of retroactive civil statutes of limitations (“SOLs”) reform for child sex abuse in a memo dated April 1, 2016. It also has omitted numerous relevant facts. The following are the facts, gleaned from my academic study of SOL Reform over the last decade, based on research for my book, Justice Denied: What America Must Do to Protect Its Children (Cambridge University Press 2008, 2014), and www.SOL-Reform.com, my website, which documents and tracks statutes of limitations for child sex abuse victims in every state and globally, for the purpose of public education on access to justice for victims.
1. The PCC states: facts solely related to abuse in the Catholic community, leaving the impression that revival legislation only benefits victims of the Catholic Church.
The PCC omits: all of the other organizations and individuals that have been and will be disclosed through civil SOL revival legislation across the U.S.: healthcare providers including pediatricians, a wide variety of religious organizations, numerous scouting organizations, elite preparatory high schools, universities, drama schools and theaters, modeling agencies, coaches and sports organizations, and, the largest category: families.
2. The PCC states: “sexual abuse is a serious crime” in an attempt to focus all fault on the perpetrators.
The PCC omits: (a) The endangerment of children through covering up child sex abuse is also a serious crime and Msgr. William Lynn (Philadelphia Archdiocese) was convicted for this crime and three Franciscans were recently charged by the Pennsylvania Attorney General with this serious crime.
(b) Putting children at risk of sex abuse is also a serious tort, committed by numerous dioceses worldwide. The Catholic cover up is not over, as the recent Pennsylvania Attorney General Grand Jury Report on the Altoona-Johnstown Diocese documents.
3. The PCC states: revival of civil SOLs for child sex abuse “will throw justice out of balance.”
The PCC omits: The current “balance” endangers children by keeping predators hidden and institutions unaccountable.
4. The PCC states: revival of civil SOLs for child sex abuse will “jeopardize every church, nonpublic school, and charity that serves children in Pennsylvania.”
The PCC omits: The actual number of claims is relatively small in the states where revival has been implemented, compared to the actual number of survivors and state population. The PCC’s statement is a gross exaggeration disproved in each state with revival legislation.
5. The PCC states: “Pennsylvania’s 3 million Catholics cannot afford to defend their parishes and Catholic schools from expensive and indefensible lawsuits.”
The PCC omits: The Catholic cases are typically proven by the dioceses’ own, copious records documenting the abuse and the cover-up. They are only “indefensible” because of the failures of the hierarchy to protect children from known predators.
6. The PCC states: Parishes in Delaware were sued. There was a $3 million verdict against a parish.
The PCC omits: The cases against the Delaware parishes were settled as part of the settlement with the Wilmington Diocese and 124 victims, for significant changes to improve child safety in the diocese, totaling $77 million. Survivors were paid from $75,000 to 3 million depending on severity of the abuse. No Catholic settlement in the United States has afforded survivors remotely close to $3 million on average. The dioceses settle to avoid verdicts yielding actual compensatory damages.
7. The PCC states: In Wilmington, “2 struggling inner-citPA_ResponsetoPCC_4_3_16_finaly” schools were closed, “10%” of diocesan workforce was laid off, and funds needed for the hungry were “depleted.”
The PCC omits: This is a shell game the diocese has never substantiated. These changes are taking place across the country because giving and attendance are down, and the next generation prefers spirituality (or agnosticism) over organized religion. It hasn’t helped that the cancer of covering up child sex abuse festers in dioceses like Altoona-Johnstown, PA.
8. The PCC states: “Not one pedophile was taken off the streets in states that retroactively nullified their statute of limitations.”
The PCC omits: Dr. Earl Bradley, the worst pedophile pediatrician in history, was charged and convicted after the Delaware window was put in place. The bishops’ cover-up of its priests and employees deliberately ran out the criminal SOLs; it is unconstitutional to revive a criminal SOL; therefore, the civil revivals are the only option for justice for the vast majority of the Catholic victims. Over 300 pedophiles were identified in California through the window—inside and outside the Catholic universe.
9. The PCC states: “(68 percent) of the accused perpetrators identified with California’s ‘window” were already dead or were very old, infirm, or long removed from ministry at the time the claims were filed.”
The PCC omits: (a) Assuming the 68% is true, that means 32% were active and Californians learned the identities of at least 100 pedophiles operating in anonymity in schools and elsewhere.
(b) The entities’ endangerment of children through negligent and failed policies is an ongoing threat to child safety whether a particular pedophile is alive or dead.
(c) Pedophiles do not “age out” of abusing children. Fr. John Geoghan in Boston was abusing children in his 80s.
(d) Removal from ministry means only that the bishops released problem priests or employees into the general population without naming them. They are hidden predators who need to be named.
10. The PCC states: “Very few victims or defendants had their day in court; guilt or innocence was not the deciding the factor.”
The PCC omits: The bishops typically settle right before any trial to avoid having the hierarchy testify in public about the facts of callous child endangerment. They then often file voluntary bankruptcy to protect assets, reduce the claims per survivor, and avoid any trials. Not one false claim arose from the Catholic bankruptcies to date except when the San Diego Diocese asserted it needed to be in bankruptcy due to a lack of assets, which turned out to be categorically false.
11. The PCC states: “Bankruptcy and severe debt was the only option for most dioceses in the states with retroactive windows.”
The PCC omits: No diocese has ever filed for involuntary bankruptcy or been forced into bankruptcy. In Milwaukee, then-Archbishop Timothy Dolan hid $55 million in a so-called “cemetery trust” to avoid compensating 11 known victims who had filed suit. The Archdiocese then filed voluntary Chapter 11 bankruptcy, invited all known victims to become part of the bankruptcy claims for their healing, and then refused to compensate the vast majority of survivors. No California diocese was permitted to pursue bankruptcy (San Diego is the only one that tried).
The Catholic dioceses, taken together, are the largest landowners in the United States. When they reveal their annual “finances” they never include their actual wealth, which is typically hidden in countless real property holdings, under a wide variety of names.
12. The PCC states: Plaintiffs attorneys are paid as part of settlements.
The PCC omits: Plaintiffs attorneys foot the full cost of sex abuse litigation and victims pay nothing, whether the case goes forward or not. The hierarchy has paid millions to engage in hardball litigation tactics against the victims and their families in the few cases that have been able to go forward in Pennsylvania despite the short SOLs, regardless of the merits of the case.
13. The PCC states: Gov. Jerry Brown vetoed window legislation.
The PCC omits: This was a second window, that was pushed in large part for Buddhist and other victims who were unaware of the original 2003 window. The California Catholic Conference lobbied against this second revival law, and succeeded in keeping the vast majority of California’s sex abuse victims out of court.
14. The PCC states: “There comes a time when an individual or organization should be secure in the reasonable expectation that past acts are indeed in the past and not subject to further lawsuits.”
The PCC omits: This argument makes no sense when it comes to murder or child sex abuse.
Disclaimer: the views expressed here are solely those of the author in her private, academic capacity and do not represent the views of Cardozo Law School or Yeshiva University.
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Instead, Autumn Southard, spokeswoman for committee chairman Rep. Ron Marsico, on Friday told PennLive that the Dauphin County Republican planned to introduce his own legislation on Monday. That legislation will likely eliminate criminal statute of limitation, she said.
Southard said changes to the civil components of the law could be part of Marsico’s legislation, but the specifics are not clear. She said committee members were discussing the specifics.
“We’ll know Monday the specifics of that portion of the bill,” she said.
Several bills have been introduced in the state House and Senate to change the statute of limitation laws in child sex abuse cases but they have gone nowhere. Lawmakers supportive of those changes are hoping this latest child sex abuse scandal in the Altoona-Johnstown diocese will be the catalyst they needed to make this change.
Retroactive changes to the law to allow victims who have timed-out of the legal system to seek legal redress are not likely.
Demands for reforms to some of the state’s sex crime laws have increased in the wake of the grand jury report out of the Altoona-Johnstown Diocese. The report, released in march, found that diocesan leaders for decades knew about predatory priests but concealed the information. Abuse happened even at the Cathedral of the Blessed Sacrament in downtown Altoona. Mark Pynes | mpynes@pennlive.comIvey DeJesus | idejesus@pennlive.com
Rep. Mark Rozzi, a survivor and advocate for victims of sexual abuse, swiftly welcomed the news, although he has vowed to introduce an amendment to broaden the law for adults who were abused as children
“I’m glad that Chairman Marsico is taking the first steps to introduce a bill that could truly put victims on the same playing field as predators,” said Rozzi, a Berks County Democrat. “We know it takes victims of sexual abuse a long time to come forward and report. We know these victims suffer a lifetime. We must do what is right for the children of this commonwealth, past, present and future anything less is justice denied.”
A key sticking point in the ongoing debate over the reform of the law has been the proposed two-year window that would suspend the limitations for that period to allow victims to come forward and seek legal redress.
Hundreds of children were sexually abused over a period of 40 years by priests or church leaders in the Altoona-Johnstown Diocese, a grand jury investigation has concluded.
Rozzi earlier this week told PennLive that the general consensus among advocates is the two-year window component may be a deal breaker for some lawmakers. Rozzi said advocates want to reform the law and are willing to compromise.
Demands for reform in the law reached high pitch in recent weeks in the wake of a grand jury report that found that hundreds if not thousands of children in the Altoona-Johnstown Diocese had been abused for decades by more than 50 priests. Investigators found that church leaders and officials knew about the abuse but concealed it, and continued to assign abusive priests to posts that would give them access to children.
Victims advocates have in recent years, in the wake of three grand jury reports out of the Philadelphia Archdiocese and the Jerry Sandusky child sex abuse case, garnered some changes to the law, but they have long been clamoring for additional changes to accommodate victims who fall out of the parameters of the law.
Criminal charges were leveled on three Franciscan Friars who authorities say allowed more than 80 children to be sexually abused by a priest – and put hundreds more in danger at a high school.
Under current law, victims of child sexual abuse are barred from seeking civil action after they reach the age of 30. That leaves out many of the victims from Philadelphia and Altoona-Johnstown.
Victims can bring criminal charges against offenders until they reach 50 years of age — but only if the victim turned 18 years old after Aug. 27, 2002. The law allows victims older than that to report until their 30th birthday.
Victims and their advocates, have long pointed to Marsico as being one of the key obstacles in getting reform through the Legislature.
Full article with links: http://www.pennlive.com/midstate/index.ssf/2016/04/statute_of_limitation_reform_m.html
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Spotlight is a motion picture with a purpose: to deliver the truth of how every adult who could have halted the sex abuse by Catholic priests in the Boston Archdiocese did not.
Children were betrayed by priests, bishops, parents, lawyers, journalists and the buddy culture of men in power. The message: These kids did not have a chance, and it is no wonder they are angry and suffer from severe post-traumatic stress, among many other related problems.
next thought is: We must do better by our children. The same thought has entered Pennsylvania’s consciousness following the three Philadelphia District Attorney grand jury reports on abuse in the Philadelphia Archdiocese, as well as the attorney general grand jury reports on abuse at Penn State and in the Altoona-Johnstown Archdiocese.
Yet one continues to see deep frustration on the faces of survivors from all corners of Pennsylvania as the bishops hit high-gear lobbying against the victims’ access to justice through statute of limitations reform.
The reports tell us that adults in power shredded children’s lives. True. Only the bishops and their insurers, however, have routinely leveled an additional, knock-out blow to each victim, either through scorched-earth litigation tactics or by lobbying to keep the perpetrators from justice. The trauma these survivors (and their families) already suffered is compounded by the litigation and legislative tactics of the bishops.
The sex abuse alone can cause lifelong debilitating effects, including post-traumatic stress disorder and depression; unemployment; alcohol, drug or sex addiction; and suicide. Children can’t process sex abuse when it happens, and it is simply a scientific truth that multiple factors including shame, guilt and changes in their neurobiology delay victims’ disclosure of abuse until well into adulthood.
The Catholic survivors are subjected to traumatic betrayal twice. First, when the sexual abuse occurs. Second, when society locks them out of the courthouse, and the padlock stays in place because the bishops lobby to keep the doors locked.
When a survivor finally has the support and courage to come forward, it is devastating to check on legal options only to learn that the doors remain padlocked, because elected officials defer to the hierarchy that betrayed the victims in the first place.
This endless betrayal is a potent destroyer that also can and has resulted in the destruction of survivors’ lives, as well as the lives of their families.
Penn State officials’ handling of the sex abuse by Jerry Sandusky is no model of moral best practices except, perhaps, when compared with the bishops’ merciless treatment of abuse survivors who wish to bring predator priests to justice and dare to seek their day in court from all those who caused them to suffer.
Penn State did not respond to learning about Sandusky’s horrific behavior by mounting a public relations campaign to smear victims and hire lobbyists to make sure victims couldn’t get to court. You don’t find Penn State lobbyists lurking at press conferences and hearings backing the bills that would revive expired statutes of limitations. They aren’t quoted about why it is so unfair to hold Penn State responsible for the abuse on its campus and in its showers.
By and large, Penn State sat down and settled with the victims instead of dragging them through the entire legal process. If all responsible institutions were to do that and accept their responsibility for the costs of the abuse (and it is only fair those costs are shifted from victims to the ones who caused the abuse), the survivors would have to deal with only one excruciating round of trauma instead of the relentless triggering that is inherent in the current bishops’ choice of callous disregard followed by either hardball litigation tactics for the small number in statute and cold-hearted lobbying against every other victim’s (whether Catholic or not) access to justice.
The Catholic bishops have locked themselves into a position of rigid opposition to victims in the legislatures and the courtrooms. Who exactly has benefited from that?
To be sure, the insurance industry that enjoyed collecting premiums for abuse that was never disclosed. But the industry also has sunk untold millions into lobbying against legislation that is inevitable instead of using those resources to improve future protection of children.
The irrefutable logic of statute of limitation reform will inevitably work its way through state after state. If the insurance industry were to set and enforce high standards for employers on child protection instead of canceling sex abuse coverage altogether and resisting justice for the abuse that already occurred, we might avoid repeats of these horrific scandals. That is how risk could be managed intelligently.
Right now, the insurance lobbyists are part of the problem as they aid the bishops in their hide-under-a-rock strategy.
So how can we understand the bishops and the legislators who accede control over child protection to them, like Pennsylvania state Representative Ron Marsico? Is their narcissism and sense of entitlement so great that they are willing to continue to traumatize abuse victims for the sake of the church’s reputation and finances? Are these men the paragons of virtue and morality that the church would have us believe?
They are clearly in conflict with Pope Francis’s admonition in Philadelphia when addressing clergy sex abuse victims: “I pledge to you that we will follow the path of truth wherever it may lead. Clergy and bishops will be held accountable when they abuse or fail to protect children.” It is likely that they are, unlike Pope Francis, all too similar to ordinary leaders corrupted by power and tragically blind to their constituents’ pain.
Members seem to fear voter backlash if they side with survivors, but when a poll was conducted in New York asking Catholics and other voters if they favored statute of limitation reform, solid majorities sided with the survivors and statute of limitation revival. The poll numbers are reinforced by the fact that the primary and most vocal window sponsor in New York,Assemblywoman Marge Markey, has been repeatedly re-elected with large margins—despite the bishops’ robo-calls against her.
It is time for the trauma to end and the healing to begin, and both demand the justice that can only be gained through reviving expired civil statutes of limitations and, going forward, eliminating the criminal and civil statutes of limitation for child sex abuse. Then society can answer the call ofSpotlight to actually protect our children.
Editor’s note: The New York Daily News ran two articles here and here that highlight more survivors’ struggles to get justice and the obstacles that short statutes of limitations create.
Full article: http://www.newsweek.com/bishops-are-still-betraying-child-sex-abuse-victims-441963
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A prominent preacher on Chicago’s South Side has been charged with sexually abusing a minor—but he’s still in the pulpit this Easter.
Prominent pastor Rev. George Waddles Sr. will be preaching Easter Sunday at Zion Hill Missionary Baptist Church on Chicago’s South Side—as he has for the last 29 years—despite evidence that he may have sexually molested a young girl in his office during counseling sessions.
Waddles has pleaded not guilty to aggravated criminal sexual abuse, a felony that carries a potential seven-year prison sentence.
According to Cook County prosecutors, who laid out their case during a bond hearing in September 2015, the 67-year-old Rev. Waddles had known the alleged victim since she was a toddler. The girl—whom The Daily Beast is not naming because she is a minor and an alleged victim of sexual abuse—and her family had dutifully attended services multiple times a week and her mother even taught Sunday school at Zion Hill.
By the time the girl was 13, in 2011, Assistant State’s Attorney Tara Pease-Harkin said, Waddles—who has a master’s degree in social work—was privately counseling her in his office. Within a year, the sessions between the pastor and the teen allegedly became “inappropriate.”
Prosecutors said that from 2012 to 2014, Waddles told the girl that he had been dreaming about her and thinking about her when she wasn’t around. He asked, and she refused, to lift her shirt, and he tried to kiss and hug her at the end of counseling sessions.
On two different occasions, Waddles tried to inappropriately touch the girl and apologized when she refused, Cook County State’s Attorney’s spokesman Steve Campbell told The Daily Beast.
In 2014, Waddles allegedly asked the then-15-year-old girl to sit on his lap. When she did, he put his hand inside her pants, and inside her underwear. She left his office and told her mother a month later.
The mother and daughter confronted Waddles at a meeting in his office, and later with Waddles’s wife, Karen Waddles, present, Pease-Harkin said. (In an unrelated Facebook post a few months earlier, Karen Waddles wrote that she was “concerned about what’s happening with our young girls. They’re becoming sexualized at an early age and it’s hard to know how to protect them…I think the church must speak up—we need to set standards, live by those standards ourselves, and hold each other accountable.”)
From that meeting allegedly came an admission from Waddles that he had inappropriately touched the girl as well as a request that the pair not go to police—all secretly recorded by the girl’s mother on her cellphone, prosecutors say.
Such an admission, if it is allowed in court and it indeed shows what Pease-Harkin suggests, could be a particularly damning piece of evidence. Though Illinois has strict privacy laws which regulate the recording of public conversations, Waddles’s taped confession might meet the criteria for an exception to the law, according to Eric Johnson, a professor at University of Illinois College of Law.
Ticking off the statutory exceptions to state law, Johnson noted that since the alleged victim’s mother wasn’t recording at the behest of police, was participating in the conversation, and suspected Waddles had committed a crime against her daughter, “it’s my guess that the recording will be admissible,” Johnson told The Daily Beast in an email.
At the September hearing, Pease-Harkin also said that two other women had come forward claiming to be victims of Waddles’s abuse. One who reported unwanted hugs and kisses in 1996 when she was 11 also claimed Waddles made her touch his penis. Another said he tried to hug and kiss her during office counseling session in 2006, and wouldn’t allow her to leave his office. No criminal charges were ever filed in these cases.
A spokeswoman from the state’s Department of Children and Family Services told the Chicago Tribune an agency investigation did not find that abuse had occurred.
Waddles turned himself into police on Sept. 29, 2015, and according to prosecutors, made “a positive disclosure” to detectives consistent with the girl’s story.
Waddles was released from jail, and a judge ruled he would be allowed to continue to perform his duties as pastor, but could have no contact with anyone under the age of 18 without another adult present.
Calls to Waddles and Zion Hill Missionary Baptist Church were not returned. When called for comment, Waddles’s attorney, Marc Salone, said, “You mean any comment besides the presumption of innocence guaranteed by the U.S. Constitution? I believe in the Constitution. I think we should let the courts decide.”
“At some point. the trial will happen and the court, and not the court of popular opinion, will decide every defendant’s fate,” Salone said.
But according to the girl and her family, the only person being treated like a criminal in this case is the alleged victim.
In an interview with the Chicago Tribune, the family said that they had been shunned by their former congregation and were receiving weekly intimidating phone calls. At the same time, according to the Tribune, Waddles has remained in the pulpit, and been invited to speak at other churches. His congregation celebrated the anniversary of his service with a special program, and offered prayers and words of encouragement on the church’s Facebook page, which has since gone private. The judge also granted Waddles’s request to travel to Baton Rouge, Louisiana, where he preached at Greater Mount Olive Missionary Baptist Church on its 19th anniversary.
Three weeks before he was charged, at the National Baptist Convention (NBC), Waddles resigned as president of the group’s Congress of Christian Education. NBC president Jerry Young addressed the “street talk” about Waddles’s resignation at the convention and said he was not fired, but was stepping down for unspecified health reasons. (In arresting documents, Waddles reported taking medication for hypertension and a heart condition.)
“When you’re so wrapped up in it, it’s hard to see the truth,” the alleged victim told a Tribune reporter. “They see him as God. They don’t do what God says. They do what he says.”
“You’re supposed to be championed for doing what’s right,” her mother said.
The reaction to rally around the accused, especially when he is in a position of power, is all too common, said Barbara Blaine, founder and president of Survivors Network of those Abused by Priests, a support group for sexual-abuse survivors.
Blaine has been to Zion Hill Missionary Baptist Church to pass out fliers to churchgoers urging them to stand with the alleged victim and remove Waddles from ministry until the case is resolved, but church officials and hired security kept her away from the parishioners, she said.
Blaine plans to go back on Sunday, April 24, the day before Waddles’s next court appearance.
Since starting her group 27 years ago, Blaine—herself a survivor of abuse—told The Daily Beast, “It never ceases to amaze me how parishioners still will not believe that their pastor could do such a thing, as if the barometer is, ‘If I know the accused, it couldn’t be true.’”
“We all know perpetrators, we just don’t know we know them,” she said.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2016-03-28 12:54:182016-03-28 12:54:18Brandy Zadrozny, Chicago Pastor Accused Of Unholy Abuse Against Underage Girl, The Daily Beast
Sophie McNeill, Malka Leifer ‘manipulated us’: Alleged paedophile who preyed on secretive Jewish community, ABC
/in Uncategorized /by SOL Reformhttp://www.abc.net.au/news/2016-04-07/malka-leifer-and-melbourne’s-secretive-adass-community/7306950
Somewhere in an ultra-Orthodox enclave of Israel, former Melbourne school principal Malka Leifer continues to evade extradition to face criminal charges in Australia. Now one of her alleged victims speaks out for the first time.
Malka Leifer’s role in Melbourne’s Adass community was all-powerful.
As head of the Adass Israel School from 2003 to 2008, she was highly regarded in the community, running day-to-day operations at the school and teaching Jewish studies.
Leifer is now under house arrest somewhere in the ultra-Orthodox enclave of Bnei Brak in central Israel, where she fled in 2008 — allegedly with the help of senior members of Melbourne’s secretive Adass community.
She is wanted by Victoria Police to face prosecution for 74 child sex offences involving the abuse of girls at the Adass Israel School.
For almost two years, she has managed to evade extradition proceedings and her latest hearing scheduled for today has been postponed to an unknown date.
Outraged at the failure to extradite Leifer, one of her several alleged victims, who we will call Rebecca, is speaking out for the first time.
“It’s still extremely difficult for me to go into detail in regards to what happened to myself and the other victims,” she told Lateline.
“But the far-reaching effects the physical and emotional abuse is still having … I can’t find the words.”
They were not allowed to watch television, books had to be vetted to make sure they were suitable and they had very little contact with the outside world.
Barrister David Seeman
Last September, in a civil case against the Adass Israel School and Leifer, a Melbourne judge awarded one of the alleged victims $1.27 million in damages.
Barrister David Seeman represented the alleged victim in that case and he says the abuse occurred over a period of three years.
Media player: “Space” to play, “M” to mute, “left” and “right” to seek.
Video: The victim of alleged sex abuse at the hands of a former Melbourne school principal speaks out. (Lateline)
“It was at times frequent abuse, daily abuse and also at times not that frequent,” he said.
“It was conducted at the school, it occurred at Leifer’s home, it occurred on camps.
“It was made up of what you might regard as abuse low on the scale of severity, all the way up to the most serious horrific abuse.”
Mr Seeman has gained a rare insight into the ultra-conservative Adass community, from which the alleged victims came.
“It’s a very insular community. There’s very little communication or access to the secular community,” he said.
He says the alleged victims were brought up in an extremely strict environment.
“They were not allowed to watch television, books had to be vetted to make sure they were suitable and they had very little contact with the outside world,” he said.
“[They] were very, very naive especially as far as sexual matters were concerned.”
I know how manipulative she is. She manipulated all of us into doing many things.
Rebecca
When Rebecca first spoke out about the abuse, no-one believed her.
“Actually the people that I told, they didn’t believe me that it had happened,” she said.
“I only told two people and one of them threatened me that I have to keep quiet. She actually called me and said ‘what happened to you?’ And I started to tell her and she said: ‘That didn’t happen. Make sure you keep it that way.’
“That was the last person that I told.”
Eventually another of the victims revealed what had happened to her.
But only hours after the allegations were first raised, Leifer, her husband and five of her children fled Australia in the middle of the night to Tel Aviv, Israel.
For Rebecca, it was a shocking development.
“I’ll never forget that day,” she said.
“The whole community was in an upheaval and that’s when it properly hit me that the woman who had controlled my life for the past three years had just fled the country and she had just gone.
“And it was the shock, the anger, the pain, everything started coming in at once.”
Even more shocking is that some members of the Adass Israel School board are under investigation by Victoria Police for helping Leifer and her family leave.
The family’s plane tickets — obtained under subpoena — appear to have been paid for by the company of one of the board members.
Six years after fleeing Australia, the law caught up with Leifer and after an extradition request from Australia, she was arrested in August 2014 and placed under house arrest.
But since then, Leifer has managed to avoid seven court hearings into her extradition, with her lawyers arguing that she is unwell, suffering panic attacks and depression whenever a court date approaches.
At a hearing in February, Leifer’s lawyers even asked for the whole case to be thrown out.
Rebecca has been watching the case from Australia.
“I mean, first hand I know how manipulative she is. She manipulated all of us into doing many things,” she said.
“So she’s manipulating the Israeli justice system and even if she is suffering from those panic attacks and even if she is suffering from depression, what is that in comparison to what us victims are suffering every day?”
Leifer’s lawyer Yehuda Fried is refusing to talk to the media, but last year he told the ABC he would fight her extradition all the way to Israel’s High Court.
“We are conducting a court procedure. The Israeli law confirms that anyone in a psychotic state cannot be subject to legal proceedings,” he said.
Rebecca says it is almost unbearable that the woman who abused her and others is still free.
“It’s been very, very long, and every single day for me and any of the victims has been torture to be honest,” she said.
“Day after day we’re waiting for the Israeli justice system to make this woman face her crimes and to come back and be extradited and face her victims and face justice.”
At a hearing in February, Israeli prosecutor Avital Ribner Oron challenged Leifer’s medical claims, telling the judge she believed the former principal was “faking” her illness in order to get rid of the case.
Leifer’s attorney rejected the accusation, but he did admit in court that the panic attacks only occurred around the time of scheduled hearings.
In his ruling, Judge Amnon Cohen also questioned Leifer’s hospital admissions.
A document from the Sheba hospital on January 14 indicated that:
“The defendant arrived at the hospital with a referral letter to the psychiatric emergency department with recommendation of hospitalisation from her physician, from December 30, 2015 and ‘it’s not clear’ why she went to the hospital only on January 3, 2016.
“After the legal hearing took place, the defendant had asked to be released from hospitalisation.”
Judge Amnon also noted concerns about Leifer’s behaviour that were raised by the head of the psychiatric department.
“There is a sharp difference between her behaviour in the [psychiatric] department, among groups, during telephone conversations with family and in her formal examinations,” documents said.
Australian-Israeli victim advocate Manny Waks blew the whistle on sexual abuse at his ultra-orthodox Jewish school and religious centre in Melbourne and also gave evidence to the child abuse royal commission.
Now living in Israel, Mr Waks has founded a new global body to advocate on behalf of victims of child sexual abuse from within the Jewish community.
He has been following Leifer’s case closely and says the latest delay is outrageous.
“It is staggering how long it’s taken and I think it’s a poor reflection on the Israeli judicial system. Especially when we have seen some of the tactics used,” he said.
“It seems to me and to many of us that Malka Leifer and her legal team are really running the show here.”
Speaking from Bnei Brak, Mr Waks said he hoped justice would be served.
“It’s quite sad to think that Malka Leifer is in one of these apartments, living fairly at ease,” he said.
“Almost eluding justice, it’s not right.”
Help Make #SOLReform Happen in PA This Week
/in Pennsylvania /by SOL ReformFACSA | Foundation to
Abolish Child Sex Abuse
On behalf of PA victims of child sex abuse, please contact House Judiciary Committee Members TODAY!
Rep. Ron Marsico, Chair,
PA House Judiciary Committee
This week, Rep. Marsico, chair of the PA House Judiciary Committee, who, in the past, has blocked statue of limitation reforms for over a decade, has decided that instead of allowing debate on two current bills that have wide support among child abuse advocates (HB 655 and HB 951) he instead will offer his own bill for discussion tomorrow which will automatically be forwarded to his committee for consideration on Wednesday where he will recommend that it be considered by the whole PA State House. The proposed bill will likely eliminate the criminal statue of limitations for all cases of child sex abuse that happen after the passage of the bill. (As in, if you were abused the day after the bill passes you will have no limit on the time you can bring a criminal charge. If you were abused before the bill is passed, you will have a limit on how long you have to report the crime.) Marsico’s bill will do little to help current and past victims of child sex abuse and will allow their perpetrators a free ride. You can read more about it at the end of the newsletter if you like.
Whatever will happen over the next couple days is currently being negotiated among House members. For advocates of full #SOLReform it means there is a limited time where we can influence their decision.
Please contact as many members of the House Judiciary Committee as you can, especially Chairman Marsico,asking them to:
1. Support amendments to Rep. Marsico’s bill that will eliminate both the criminal AND civil statute of limitations on child sex abuse
and
2. Take up consideration of HB 951 which creates a 2 year window for present and past victims of sexual abuse to file civil suits that will expose hidden perpetrators and protect PA children.
House Judiciary Committee Members
Ron Marsico, Maj. Chair (717) 783-2014
Email: rmarsico@pahousegop.com Jim Cox (717) 772-2435
Email: jcox@pahousegop.com
Sheryl Delozier (717) 783-5282
Email: sdelozie@pahousegop.com Garth Everett (717) 787-5270
Email: geverett@pahousegop.com
Kate Klunk (717) 787-4790
Email: kklunk@pahousegop.com Martina White (717) 787-6740
Email: mwhite@pahousegop.com
Barry Jozwiak (717) 772-9940
Email: bjozwiak@pahousegop.com Mark Keller (717) 783-1593
Email: mkeller@pahousegop.com
Tim Krieger (717) 260-6146
Email: tkrieger@pahousegop.com Ted Nesbit (717) 783-6438
Email: tnesbit@pahousegop.com
Mike Regan (717) 783-8783
Email: mregan@pahousegop.com Rick Saccone (717) 260-6122
Email: rsaccone@pahousegop.com
Todd Stephens (717) 260-6163
Email: tstephen@pahousegop.com Marcy Toepel (717) 787-9501
Email: mtoepel@pahousegop.com
Tarah Toohil (717) 260-6136
Email: ttoohil@pahousegop.com Mike Vereb (717) 705-7164
Email: mvereb@pahouse.net
Joseph Petrarca (717) 787-5142
Email: jpetrarc@pahouse.net Bryan Barbin (717) 783-0686
Email: bbarbin@pahouse.net
Ryan Bizzarro (717) 772-2297
Email: repbizzarro@pahouse.net Tim Briggs (717) 705-7011
Email: repbriggs@pahouse.net
Dom Costa (717) 783-9114
Email: dcosta@pahouse.net Tina Davis (717) 783-4903
Email: RepDavis@pahouse.net
Jason Dawkins (717 787-1354)
Email: jdawkins@pahouse.net Madeleine Dean (717) 783-7619
Email: mdean@pahouse.net
Dan Miller (717) 783-1850
Email: repmiller@pahouse.net Gerald Mullery (717) 783-4893
Email: gmullery@pahouse.net
Brandon Neuman
Harrisburg Office: (717) 783-4834
Email: RepNeuman@pahouse.net
Thanks so much!
John Salveson, President FACSA
Links to media articles:
Harrisburg lawmaker’s bill would change statutes of limitation on sex crimes
Compromise and deal-breaker loom as lawmakers take up statute of limitations reform
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Copyright © 2016 FACSA, All rights reserved.
Our mailing address is:
FACSA
740 Cornerstone Lane
Bryn Mawr, Pa 19010
My responses to the Pennsylvania Catholic Conference’s misleading arguments
/in Pennsylvania /by SOL ReformMy responses to the Pennsylvania Catholic Conference’s misleading arguments against reviving civil SOL (attached here and below).
Also see facts on the other states here
TO: Members of the General Assembly
FR: Marci A. Hamilton
RE: Omissions in Pennsylvania Catholic Conference Memo on Effects of Retroactive
Civil Legislation for Child Sex Abuse
DATE: April 3, 2016
The Pennsylvania Catholic Conference (“PCC”) has submitted misleading arguments against the value of retroactive civil statutes of limitations (“SOLs”) reform for child sex abuse in a memo dated April 1, 2016. It also has omitted numerous relevant facts. The following are the facts, gleaned from my academic study of SOL Reform over the last decade, based on research for my book, Justice Denied: What America Must Do to Protect Its Children (Cambridge University Press 2008, 2014), and www.SOL-Reform.com, my website, which documents and tracks statutes of limitations for child sex abuse victims in every state and globally, for the purpose of public education on access to justice for victims.
1. The PCC states: facts solely related to abuse in the Catholic community, leaving the impression that revival legislation only benefits victims of the Catholic Church.
The PCC omits: all of the other organizations and individuals that have been and will be disclosed through civil SOL revival legislation across the U.S.: healthcare providers including pediatricians, a wide variety of religious organizations, numerous scouting organizations, elite preparatory high schools, universities, drama schools and theaters, modeling agencies, coaches and sports organizations, and, the largest category: families.
2. The PCC states: “sexual abuse is a serious crime” in an attempt to focus all fault on the perpetrators.
The PCC omits: (a) The endangerment of children through covering up child sex abuse is also a serious crime and Msgr. William Lynn (Philadelphia Archdiocese) was convicted for this crime and three Franciscans were recently charged by the Pennsylvania Attorney General with this serious crime.
(b) Putting children at risk of sex abuse is also a serious tort, committed by numerous dioceses worldwide. The Catholic cover up is not over, as the recent Pennsylvania Attorney General Grand Jury Report on the Altoona-Johnstown Diocese documents.
3. The PCC states: revival of civil SOLs for child sex abuse “will throw justice out of balance.”
The PCC omits: The current “balance” endangers children by keeping predators hidden and institutions unaccountable.
4. The PCC states: revival of civil SOLs for child sex abuse will “jeopardize every church, nonpublic school, and charity that serves children in Pennsylvania.”
The PCC omits: The actual number of claims is relatively small in the states where revival has been implemented, compared to the actual number of survivors and state population. The PCC’s statement is a gross exaggeration disproved in each state with revival legislation.
5. The PCC states: “Pennsylvania’s 3 million Catholics cannot afford to defend their parishes and Catholic schools from expensive and indefensible lawsuits.”
The PCC omits: The Catholic cases are typically proven by the dioceses’ own, copious records documenting the abuse and the cover-up. They are only “indefensible” because of the failures of the hierarchy to protect children from known predators.
6. The PCC states: Parishes in Delaware were sued. There was a $3 million verdict against a parish.
The PCC omits: The cases against the Delaware parishes were settled as part of the settlement with the Wilmington Diocese and 124 victims, for significant changes to improve child safety in the diocese, totaling $77 million. Survivors were paid from $75,000 to 3 million depending on severity of the abuse. No Catholic settlement in the United States has afforded survivors remotely close to $3 million on average. The dioceses settle to avoid verdicts yielding actual compensatory damages.
7. The PCC states: In Wilmington, “2 struggling inner-citPA_ResponsetoPCC_4_3_16_finaly” schools were closed, “10%” of diocesan workforce was laid off, and funds needed for the hungry were “depleted.”
The PCC omits: This is a shell game the diocese has never substantiated. These changes are taking place across the country because giving and attendance are down, and the next generation prefers spirituality (or agnosticism) over organized religion. It hasn’t helped that the cancer of covering up child sex abuse festers in dioceses like Altoona-Johnstown, PA.
8. The PCC states: “Not one pedophile was taken off the streets in states that retroactively nullified their statute of limitations.”
The PCC omits: Dr. Earl Bradley, the worst pedophile pediatrician in history, was charged and convicted after the Delaware window was put in place. The bishops’ cover-up of its priests and employees deliberately ran out the criminal SOLs; it is unconstitutional to revive a criminal SOL; therefore, the civil revivals are the only option for justice for the vast majority of the Catholic victims. Over 300 pedophiles were identified in California through the window—inside and outside the Catholic universe.
9. The PCC states: “(68 percent) of the accused perpetrators identified with California’s ‘window” were already dead or were very old, infirm, or long removed from ministry at the time the claims were filed.”
The PCC omits: (a) Assuming the 68% is true, that means 32% were active and Californians learned the identities of at least 100 pedophiles operating in anonymity in schools and elsewhere.
(b) The entities’ endangerment of children through negligent and failed policies is an ongoing threat to child safety whether a particular pedophile is alive or dead.
(c) Pedophiles do not “age out” of abusing children. Fr. John Geoghan in Boston was abusing children in his 80s.
(d) Removal from ministry means only that the bishops released problem priests or employees into the general population without naming them. They are hidden predators who need to be named.
10. The PCC states: “Very few victims or defendants had their day in court; guilt or innocence was not the deciding the factor.”
The PCC omits: The bishops typically settle right before any trial to avoid having the hierarchy testify in public about the facts of callous child endangerment. They then often file voluntary bankruptcy to protect assets, reduce the claims per survivor, and avoid any trials. Not one false claim arose from the Catholic bankruptcies to date except when the San Diego Diocese asserted it needed to be in bankruptcy due to a lack of assets, which turned out to be categorically false.
11. The PCC states: “Bankruptcy and severe debt was the only option for most dioceses in the states with retroactive windows.”
The PCC omits: No diocese has ever filed for involuntary bankruptcy or been forced into bankruptcy. In Milwaukee, then-Archbishop Timothy Dolan hid $55 million in a so-called “cemetery trust” to avoid compensating 11 known victims who had filed suit. The Archdiocese then filed voluntary Chapter 11 bankruptcy, invited all known victims to become part of the bankruptcy claims for their healing, and then refused to compensate the vast majority of survivors. No California diocese was permitted to pursue bankruptcy (San Diego is the only one that tried).
The Catholic dioceses, taken together, are the largest landowners in the United States. When they reveal their annual “finances” they never include their actual wealth, which is typically hidden in countless real property holdings, under a wide variety of names.
12. The PCC states: Plaintiffs attorneys are paid as part of settlements.
The PCC omits: Plaintiffs attorneys foot the full cost of sex abuse litigation and victims pay nothing, whether the case goes forward or not. The hierarchy has paid millions to engage in hardball litigation tactics against the victims and their families in the few cases that have been able to go forward in Pennsylvania despite the short SOLs, regardless of the merits of the case.
13. The PCC states: Gov. Jerry Brown vetoed window legislation.
The PCC omits: This was a second window, that was pushed in large part for Buddhist and other victims who were unaware of the original 2003 window. The California Catholic Conference lobbied against this second revival law, and succeeded in keeping the vast majority of California’s sex abuse victims out of court.
14. The PCC states: “There comes a time when an individual or organization should be secure in the reasonable expectation that past acts are indeed in the past and not subject to further lawsuits.”
The PCC omits: This argument makes no sense when it comes to murder or child sex abuse.
Disclaimer: the views expressed here are solely those of the author in her private, academic capacity and do not represent the views of Cardozo Law School or Yeshiva University.
Ivey DeJesus, Harrisburg lawmaker’s bill would change statutes of limitation on sex crimes, Penn Live
/in Uncategorized /by SOL ReformA bill that would have eliminated criminal and civil statutes of limitation on sex crimes going forward will not be taken up by the House Judiciary Committee next week.
Instead, Autumn Southard, spokeswoman for committee chairman Rep. Ron Marsico, on Friday told PennLive that the Dauphin County Republican planned to introduce his own legislation on Monday. That legislation will likely eliminate criminal statute of limitation, she said.
Southard said changes to the civil components of the law could be part of Marsico’s legislation, but the specifics are not clear. She said committee members were discussing the specifics.
“We’ll know Monday the specifics of that portion of the bill,” she said.
It keeps happening. So why can’t lawmakers fix Pa.’s child sexual abuse laws?
Several bills have been introduced in the state House and Senate to change the statute of limitation laws in child sex abuse cases but they have gone nowhere. Lawmakers supportive of those changes are hoping this latest child sex abuse scandal in the Altoona-Johnstown diocese will be the catalyst they needed to make this change.
Retroactive changes to the law to allow victims who have timed-out of the legal system to seek legal redress are not likely.
PennLive earlier on Friday reported that Marsico was expected to take up HB 655, one of several pending pieces of legislation aimed at reforming the law that impacts victims of sexual abuse. That bill would have eliminated both criminal and civil statutes of limitations going forward.
Rep. Mark Rozzi, a survivor and advocate for victims of sexual abuse, swiftly welcomed the news, although he has vowed to introduce an amendment to broaden the law for adults who were abused as children
“I’m glad that Chairman Marsico is taking the first steps to introduce a bill that could truly put victims on the same playing field as predators,” said Rozzi, a Berks County Democrat. “We know it takes victims of sexual abuse a long time to come forward and report. We know these victims suffer a lifetime. We must do what is right for the children of this commonwealth, past, present and future anything less is justice denied.”
A key sticking point in the ongoing debate over the reform of the law has been the proposed two-year window that would suspend the limitations for that period to allow victims to come forward and seek legal redress.
Priests and church leaders sexually abused hundreds of children in Altoona Diocese: AG office
Hundreds of children were sexually abused over a period of 40 years by priests or church leaders in the Altoona-Johnstown Diocese, a grand jury investigation has concluded.
Rozzi earlier this week told PennLive that the general consensus among advocates is the two-year window component may be a deal breaker for some lawmakers. Rozzi said advocates want to reform the law and are willing to compromise.
Demands for reform in the law reached high pitch in recent weeks in the wake of a grand jury report that found that hundreds if not thousands of children in the Altoona-Johnstown Diocese had been abused for decades by more than 50 priests. Investigators found that church leaders and officials knew about the abuse but concealed it, and continued to assign abusive priests to posts that would give them access to children.
Victims advocates have in recent years, in the wake of three grand jury reports out of the Philadelphia Archdiocese and the Jerry Sandusky child sex abuse case, garnered some changes to the law, but they have long been clamoring for additional changes to accommodate victims who fall out of the parameters of the law.
Three religious leaders allowed predator priest to continue abusing children: Attorney General
Criminal charges were leveled on three Franciscan Friars who authorities say allowed more than 80 children to be sexually abused by a priest – and put hundreds more in danger at a high school.
Under current law, victims of child sexual abuse are barred from seeking civil action after they reach the age of 30. That leaves out many of the victims from Philadelphia and Altoona-Johnstown.
Victims can bring criminal charges against offenders until they reach 50 years of age — but only if the victim turned 18 years old after Aug. 27, 2002. The law allows victims older than that to report until their 30th birthday.
Victims and their advocates, have long pointed to Marsico as being one of the key obstacles in getting reform through the Legislature.
Full article with links: http://www.pennlive.com/midstate/index.ssf/2016/04/statute_of_limitation_reform_m.html
Marci Hamilton and Steven Berkowitz, Bishops Are Still Betraying Child Sex Abuse Victims, Newsweek
/in Uncategorized /by SOL ReformThis article first appeared on the Verdict site.
Spotlight is a motion picture with a purpose: to deliver the truth of how every adult who could have halted the sex abuse by Catholic priests in the Boston Archdiocese did not.
Children were betrayed by priests, bishops, parents, lawyers, journalists and the buddy culture of men in power. The message: These kids did not have a chance, and it is no wonder they are angry and suffer from severe post-traumatic stress, among many other related problems.
next thought is: We must do better by our children. The same thought has entered Pennsylvania’s consciousness following the three Philadelphia District Attorney grand jury reports on abuse in the Philadelphia Archdiocese, as well as the attorney general grand jury reports on abuse at Penn State and in the Altoona-Johnstown Archdiocese.
Yet one continues to see deep frustration on the faces of survivors from all corners of Pennsylvania as the bishops hit high-gear lobbying against the victims’ access to justice through statute of limitations reform.
The reports tell us that adults in power shredded children’s lives. True. Only the bishops and their insurers, however, have routinely leveled an additional, knock-out blow to each victim, either through scorched-earth litigation tactics or by lobbying to keep the perpetrators from justice. The trauma these survivors (and their families) already suffered is compounded by the litigation and legislative tactics of the bishops.
The sex abuse alone can cause lifelong debilitating effects, including post-traumatic stress disorder and depression; unemployment; alcohol, drug or sex addiction; and suicide. Children can’t process sex abuse when it happens, and it is simply a scientific truth that multiple factors including shame, guilt and changes in their neurobiology delay victims’ disclosure of abuse until well into adulthood.
The Catholic survivors are subjected to traumatic betrayal twice. First, when the sexual abuse occurs. Second, when society locks them out of the courthouse, and the padlock stays in place because the bishops lobby to keep the doors locked.
When a survivor finally has the support and courage to come forward, it is devastating to check on legal options only to learn that the doors remain padlocked, because elected officials defer to the hierarchy that betrayed the victims in the first place.
This endless betrayal is a potent destroyer that also can and has resulted in the destruction of survivors’ lives, as well as the lives of their families.
Penn State officials’ handling of the sex abuse by Jerry Sandusky is no model of moral best practices except, perhaps, when compared with the bishops’ merciless treatment of abuse survivors who wish to bring predator priests to justice and dare to seek their day in court from all those who caused them to suffer.
Penn State did not respond to learning about Sandusky’s horrific behavior by mounting a public relations campaign to smear victims and hire lobbyists to make sure victims couldn’t get to court. You don’t find Penn State lobbyists lurking at press conferences and hearings backing the bills that would revive expired statutes of limitations. They aren’t quoted about why it is so unfair to hold Penn State responsible for the abuse on its campus and in its showers.
By and large, Penn State sat down and settled with the victims instead of dragging them through the entire legal process. If all responsible institutions were to do that and accept their responsibility for the costs of the abuse (and it is only fair those costs are shifted from victims to the ones who caused the abuse), the survivors would have to deal with only one excruciating round of trauma instead of the relentless triggering that is inherent in the current bishops’ choice of callous disregard followed by either hardball litigation tactics for the small number in statute and cold-hearted lobbying against every other victim’s (whether Catholic or not) access to justice.
The Catholic bishops have locked themselves into a position of rigid opposition to victims in the legislatures and the courtrooms. Who exactly has benefited from that?
To be sure, the insurance industry that enjoyed collecting premiums for abuse that was never disclosed. But the industry also has sunk untold millions into lobbying against legislation that is inevitable instead of using those resources to improve future protection of children.
The irrefutable logic of statute of limitation reform will inevitably work its way through state after state. If the insurance industry were to set and enforce high standards for employers on child protection instead of canceling sex abuse coverage altogether and resisting justice for the abuse that already occurred, we might avoid repeats of these horrific scandals. That is how risk could be managed intelligently.
Right now, the insurance lobbyists are part of the problem as they aid the bishops in their hide-under-a-rock strategy.
So how can we understand the bishops and the legislators who accede control over child protection to them, like Pennsylvania state Representative Ron Marsico? Is their narcissism and sense of entitlement so great that they are willing to continue to traumatize abuse victims for the sake of the church’s reputation and finances? Are these men the paragons of virtue and morality that the church would have us believe?
They are clearly in conflict with Pope Francis’s admonition in Philadelphia when addressing clergy sex abuse victims: “I pledge to you that we will follow the path of truth wherever it may lead. Clergy and bishops will be held accountable when they abuse or fail to protect children.” It is likely that they are, unlike Pope Francis, all too similar to ordinary leaders corrupted by power and tragically blind to their constituents’ pain.
Members seem to fear voter backlash if they side with survivors, but when a poll was conducted in New York asking Catholics and other voters if they favored statute of limitation reform, solid majorities sided with the survivors and statute of limitation revival. The poll numbers are reinforced by the fact that the primary and most vocal window sponsor in New York,Assemblywoman Marge Markey, has been repeatedly re-elected with large margins—despite the bishops’ robo-calls against her.
It is time for the trauma to end and the healing to begin, and both demand the justice that can only be gained through reviving expired civil statutes of limitations and, going forward, eliminating the criminal and civil statutes of limitation for child sex abuse. Then society can answer the call ofSpotlight to actually protect our children.
Editor’s note: The New York Daily News ran two articles here and here that highlight more survivors’ struggles to get justice and the obstacles that short statutes of limitations create.
Full article: http://www.newsweek.com/bishops-are-still-betraying-child-sex-abuse-victims-441963
Brandy Zadrozny, Chicago Pastor Accused Of Unholy Abuse Against Underage Girl, The Daily Beast
/in Illinois /by SOL ReformProminent pastor Rev. George Waddles Sr. will be preaching Easter Sunday at Zion Hill Missionary Baptist Church on Chicago’s South Side—as he has for the last 29 years—despite evidence that he may have sexually molested a young girl in his office during counseling sessions.
Waddles has pleaded not guilty to aggravated criminal sexual abuse, a felony that carries a potential seven-year prison sentence.
According to Cook County prosecutors, who laid out their case during a bond hearing in September 2015, the 67-year-old Rev. Waddles had known the alleged victim since she was a toddler. The girl—whom The Daily Beast is not naming because she is a minor and an alleged victim of sexual abuse—and her family had dutifully attended services multiple times a week and her mother even taught Sunday school at Zion Hill.
By the time the girl was 13, in 2011, Assistant State’s Attorney Tara Pease-Harkin said, Waddles—who has a master’s degree in social work—was privately counseling her in his office. Within a year, the sessions between the pastor and the teen allegedly became “inappropriate.”
Prosecutors said that from 2012 to 2014, Waddles told the girl that he had been dreaming about her and thinking about her when she wasn’t around. He asked, and she refused, to lift her shirt, and he tried to kiss and hug her at the end of counseling sessions.
On two different occasions, Waddles tried to inappropriately touch the girl and apologized when she refused, Cook County State’s Attorney’s spokesman Steve Campbell told The Daily Beast.
In 2014, Waddles allegedly asked the then-15-year-old girl to sit on his lap. When she did, he put his hand inside her pants, and inside her underwear. She left his office and told her mother a month later.
The mother and daughter confronted Waddles at a meeting in his office, and later with Waddles’s wife, Karen Waddles, present, Pease-Harkin said. (In an unrelated Facebook post a few months earlier, Karen Waddles wrote that she was “concerned about what’s happening with our young girls. They’re becoming sexualized at an early age and it’s hard to know how to protect them…I think the church must speak up—we need to set standards, live by those standards ourselves, and hold each other accountable.”)
From that meeting allegedly came an admission from Waddles that he had inappropriately touched the girl as well as a request that the pair not go to police—all secretly recorded by the girl’s mother on her cellphone, prosecutors say.
Such an admission, if it is allowed in court and it indeed shows what Pease-Harkin suggests, could be a particularly damning piece of evidence. Though Illinois has strict privacy laws which regulate the recording of public conversations, Waddles’s taped confession might meet the criteria for an exception to the law, according to Eric Johnson, a professor at University of Illinois College of Law.
Ticking off the statutory exceptions to state law, Johnson noted that since the alleged victim’s mother wasn’t recording at the behest of police, was participating in the conversation, and suspected Waddles had committed a crime against her daughter, “it’s my guess that the recording will be admissible,” Johnson told The Daily Beast in an email.
At the September hearing, Pease-Harkin also said that two other women had come forward claiming to be victims of Waddles’s abuse. One who reported unwanted hugs and kisses in 1996 when she was 11 also claimed Waddles made her touch his penis. Another said he tried to hug and kiss her during office counseling session in 2006, and wouldn’t allow her to leave his office. No criminal charges were ever filed in these cases.
A spokeswoman from the state’s Department of Children and Family Services told the Chicago Tribune an agency investigation did not find that abuse had occurred.
Waddles turned himself into police on Sept. 29, 2015, and according to prosecutors, made “a positive disclosure” to detectives consistent with the girl’s story.
Waddles was released from jail, and a judge ruled he would be allowed to continue to perform his duties as pastor, but could have no contact with anyone under the age of 18 without another adult present.
Calls to Waddles and Zion Hill Missionary Baptist Church were not returned. When called for comment, Waddles’s attorney, Marc Salone, said, “You mean any comment besides the presumption of innocence guaranteed by the U.S. Constitution? I believe in the Constitution. I think we should let the courts decide.”
“At some point. the trial will happen and the court, and not the court of popular opinion, will decide every defendant’s fate,” Salone said.
But according to the girl and her family, the only person being treated like a criminal in this case is the alleged victim.
In an interview with the Chicago Tribune, the family said that they had been shunned by their former congregation and were receiving weekly intimidating phone calls. At the same time, according to the Tribune, Waddles has remained in the pulpit, and been invited to speak at other churches. His congregation celebrated the anniversary of his service with a special program, and offered prayers and words of encouragement on the church’s Facebook page, which has since gone private. The judge also granted Waddles’s request to travel to Baton Rouge, Louisiana, where he preached at Greater Mount Olive Missionary Baptist Church on its 19th anniversary.
Three weeks before he was charged, at the National Baptist Convention (NBC), Waddles resigned as president of the group’s Congress of Christian Education. NBC president Jerry Young addressed the “street talk” about Waddles’s resignation at the convention and said he was not fired, but was stepping down for unspecified health reasons. (In arresting documents, Waddles reported taking medication for hypertension and a heart condition.)
“When you’re so wrapped up in it, it’s hard to see the truth,” the alleged victim told a Tribune reporter. “They see him as God. They don’t do what God says. They do what he says.”
“You’re supposed to be championed for doing what’s right,” her mother said.
The reaction to rally around the accused, especially when he is in a position of power, is all too common, said Barbara Blaine, founder and president of Survivors Network of those Abused by Priests, a support group for sexual-abuse survivors.
Blaine has been to Zion Hill Missionary Baptist Church to pass out fliers to churchgoers urging them to stand with the alleged victim and remove Waddles from ministry until the case is resolved, but church officials and hired security kept her away from the parishioners, she said.
Blaine plans to go back on Sunday, April 24, the day before Waddles’s next court appearance.
Since starting her group 27 years ago, Blaine—herself a survivor of abuse—told The Daily Beast, “It never ceases to amaze me how parishioners still will not believe that their pastor could do such a thing, as if the barometer is, ‘If I know the accused, it couldn’t be true.’”
“We all know perpetrators, we just don’t know we know them,” she said.