A mother of eight from Central Pennsylvania is suing the The National Shrine of Our Lady of Czestochowa in New Britain Township and the Archdiocese of Philadelphia, claiming that a priest at the shrine sexually assaulted her. The woman and her husband, who is also a plaintiff, allege that the Bucks County District Attorney’s Office did not thoroughly investigate the matter and the accused priest fled to Poland.
DA Dave Heckler says the priest was questioned, and there wasn’t enough evidence to warrant an arrest.
“We did not deem the allegations credible,” he said.
In a lawsuit filed Wednesday in Philadelphia Common Pleas Court, the woman — named only as Jane Doe — described attending marriage counseling at the shrine with her husband.
The priest, who is not being named in this story because no criminal charges were filed, asked questions about the couple’s sex life and the woman’s history of being sexually abused as a child, the lawsuit states. The priest then invited the woman to attend private spiritual counseling sessions, she claims in the lawsuit, then sexually assaulted her when they were alone.
Attorney Marci Hamilton, who is representing the couple along with lawyer Daniel Monahan, says that the couple are devout Catholics who feel devastated and betrayed.
“The suffering of this rape victim is compounded by the feeling that no one is listening to her,” Hamilton said.
The alleged sex assault was said to have occurred in a private room at the Ferry Road shrine on March 26, 2012.
“(The priest) sexually abused and assaulted the plaintiff without her consent and against her will. He did so by
grooming her, and then using physical, intellectual, moral, emotional and psychological force,” the suit states.
The woman told a Czestochowa official, the suit states, who told the Philadelphia Archdiocese.
Heckler says the archdiocese did notify his office, and New Britain Township police were called. A detective and a prosecutor from the office’s sexual assault investigation unit went to the shrine and talked to the priest.
In the lawsuit, the plaintiffs say the priest invoked “confessional privilege” and refused to answer questions.
Heckler said the priest did talk to investigators and answered questions, but declined to say what the woman and
her husband said during counseling. Heckler said the priest denied assaulting the woman and there was no DNA or other physical evidence to back up
her claims. He said investigators wanted to record a phone conversation between the woman and the priest, but by
the time they learned of the allegations, the woman’s husband had confronted the priest, so he knew that he was
being accused.
“Ultimately, we determined that there wasn’t proper base for prosecution,” he said.
Hamilton, an advocate for sex assault victims who represented a man who sued former Penn State assistant football coach Jerry Sandusky, says the case highlights a failure with the priests’ order, the Order of St. Paul the First Hermit, also known as the Pauline Fathers.4/4/13 PriestfromCzestochowa accused in civil suit of sexual assault- phillyburbs.com: Doylestown
www.phillyburbs.com/my_town/doylestown/priest-from-czestochowa-accused-in-civil-suit-of-sexual-assault/article_6dbb65da-716a-59d3-9eb0-02db5b9834c7.ht… 2/2
Hamilton claims that she learned while preparing the lawsuit that the Pauline Fathers have no policy in place for dealing with sex offenders in their midst.
“In 2013, that is unacceptable,” she said.
Hamilton has lobbied for a changes in child abuse laws, including changing the statute of limitations so that victims would have more time to report.
Heckler was appointed by the governor last year to chair a state committee considering changes to child abuse laws.
The panel did not recommend changing the statute of limitations.
The plaintiffs are seeking damages in excess of $50,000. Hamilton said they would like to see the priest extradited
from Poland, arrested and imprisoned.
“What she really wants is the truth,” she said.
Archdiocese spokesman Kenneth Gavin declined to comment on the lawsuit. A woman who answered the phone at
Our Lady of Czestochowa said all the priests were busy and no one could come to the phone to answer questions.
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 Reform2013-04-05 01:31:002013-04-06 01:43:22Priest from Czestochowa accused in civil suit of sexual assault
A measure supported by State Rep. Sara Feigenholtz (D- Chicago) to prevent child sex offenders from escaping prosecution passed the House last week.
House Bill 1063 removes the statute of limitation on certain child sex crimes, including criminal sexual assault and abuse, if the victim was under the age of 18 at the time of the crime. This gives law enforcement the opportunity to prosecute these crimes even when the victims come forward years after the crime was committed.
“Child victims are frequently more hesitant to come forward and speak out against their abusers, either because they are scared, confused, or the perpetrator is someone they know,” said Feigenholtz. “This bill allows victims to seek justice and keeps dangerous child sex offenders from getting away from their crimes.”
The current law requires most prosecutions to begin within 3 years of the crime for felony offenses and within 1.5 years of the crime for misdemeanor offenses. The law already allows for extensions under certain circumstance for some child sex crimes.
HF 681 was read for the second time, and amended at the Minnesota House of Representatives (Source: Journal of the House)
H. F. No. 681, A bill for an act relating to civil actions; changing the limitation period for civil actions involving sexual abuse; amending Minnesota Statutes 2012, section 541.073.
Reported the same back with the following amendments:
Page 1, line 16, delete “and”
Page 1, line 18, before the period, insert “; and (3) must be commenced within six years of the alleged sexual abuse in a case where the individual defendant is 16 years old or younger at the time of the alleged abuse, except when the plaintiff was under 18 at the time of the alleged abuse and then no later than the plaintiff’s 24th birthday”
Page 2, line 5, delete “Not applicable to”
Page 2, line 6, delete “This section does not apply to”
Page 2, line 7, after “superior” insert “shall be commenced within six years of the alleged sexual abuse except when the plaintiff was under 18 at the time of the alleged abuse and then no later than the plaintiff’s 24th birthday”
With the recommendation that when so amended the bill pass.
(updates below)
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 Reform2013-04-04 17:16:482013-04-06 17:51:40MN House Bill read for 2nd time!
HARRISBURG (April 3) – Two House lawmakers pushing back against a proposal to eliminate the statute of limitations on child sexual abuse civil cases have a problem with a leading advocate of the proposal.
The lawmakers say a legal expert advocating for the changes did so without disclosing major potential financial gains she’d receive if the proposal is enacted. House Judiciary Committee Chairman Ron Marsico, R-Dauphin, and Minority Chairman Tom Caltagirone, D-Berks, say professor and attorney Marci Hamilton is advocating for the legislation through her position at a law school. They say she is doing so without disclosing she could benefit financially as a plaintiff attorney.
“Ms. Hamilton’s apparent undisclosed financial stake in this effort to influence public policy in Pennsylvania is troubling,” the lawmakers wrote in a letter to the university president. “To our understanding, the legislative enactments advocated for by Ms. Hamilton could personally benefit her in her role as a plaintiff’s lawyer specializing in the representation of those who allegedly were sexually abused as children.”
Hamilton, a professor at the Benjamin N. Cardozo School of Law at Yeshiva University in New York, dismissed the lawmakers’ claim that she would take on more clients as “speculative.”
“Yes, I am involved, it has never been a secret. They know full well that it has never been a secret,” she said in a brief interview Monday. “…It’s part of their process. They’re trying to find some way to get me out of the process, but they don’t have a leg to stand on.”
Hamilton, a long-time Bucks County resident, co-represents 16 plaintiffs in child sexual abuse cases filed against the Archdiocese of Philadelphia. But she said those clients would not be affected by the proposed changes to the statute of limitations for which she advocates. She also noted that while she led the charge to change the child sexual abuse statute of limitation laws on civil suits in Delaware and Hawaii, she did not represent clients in those states. The lawmakers point to California, where they say she charged hundreds of dollars per hour as special counsel to clients.
Hamilton has promoted similar changes in other states, and while pushback against the proposals initially “shocked” her, she says, it is expected as the Catholic Church and the powerful insurance industry lobby against the proposals.What irked Marsico and Caltagirone was a letter Hamilton sent to lawmakers earlier this month supporting amendments proposed by Reps. Michael McGeehan, D-Philadelphia, and Mark Rozzi, D-Berks, to House Bill 342, which she wrote are “constitutional and sound public policy.”
McGeehan’s amendment would allow individuals, during the two-year window where the statute of limitations would be voided, to file civil charges in years-old child sexual abuse cases and would suspend sovereign immunity for school and government officials involved. Rozzi’s amendment is similar, minus the sovereign immunity suspension.
Currently, a child victim of sexual abuse has until the age of 30 to file civil claims in Pennsylvania. The McGeehan/Rozzi amendments would remove the cap during the two-year period. This could potentially open up hundreds of decadesold, unreported cases where evidence may be inadequate, opponents say. Events revolving around grand jury findings on child sexual abuse involving the Roman Catholic Archdiocese of Philadelphia, as well as the high-profile scandal at Penn State University, have spurred calls from child advocates for the legal changes.
The Roman Catholic Church has opposed the “window” legislation here and in other states, arguing that it would be difficult to collect reliable evidence after so many years. The Pennsylvania Catholic Conference and the Insurance Federation of Pennsylvania are lobbying against the McGeehan/Rozzi amendments and opposed similar proposals in the past.
“From an insurance perspective, you need to have some certainty when a claim and exposure on a claim ends. From an insurance perspective, that’s what a statute of limitation does,” said Sam Marshall, president and CEO of the Insurance Federation of Pennsylvania.
He said voiding the statute of limitations would mean an insurance company’s exposure on a claim never ends, the policyholder’s premium payments would never end, and would cause uncertainty in an industry that relies on predictability.Marsico aired his concerns over the constitutionality of rescinding the limits for filing a civil lawsuit in these cases, the Patriot News reported. In a statement, Marsico said if the statute of limitations are removed and are not upheld in a court challenge, then it would mean more anguish for the victims.
Hamilton disagrees, as does McGeehan, who told the Patriot-News that similar legislation withstood court challenges in California and Delaware.
How Hamilton advocated for the legislation rankled Marsico and Caltagirone as well. She sent her advocacy letter to lawmakers on Cardozo School of Law letterhead, and signed it using her title as a faculty chair of the school’s public law section. Her advocacy letter touts expertise in the legal realm of child sexual abuse law, and notes a book she wrote regarding changes to the statute of limitations on child sexual abuse civil cases.
“I do what every other law professor does – take position in the public square on issues where I am an expert,” she said in response, noting she wrote the letter at the request of McGeehan, who sought her advice on constitutionality of his proposal.
Hamilton says her advocacy and representation of clients does not pose a conflict of interest under university rules, a concern the lawmakers raised. The university says it received the letter from Marsico and Caltagirone.
“The University has received the letter. We are not able to comment until after the Passover holiday period when we will respectfully respond to the Representatives,” a university spokesperson said.
The underlying bill, sponsored by Rep. Marguerite Quinn, R-Bucks, would prevent the public disclosure of names of child sexual abuse victims to the public by the court. During the Jerry Sandusky trial, the judge struck down a pre-trial request where several victims asked their real names not be used. Their actual names were then included in a transcript that is a public record.
House GOP spokesman Steve Miskin said the focus is on getting child predators off the streets, which means centering on changes to the criminal law, not the civil realm.
Source: Capitolwire: Lawyer advocating removal of limits on child sex abuse civil cases under fire from lawmakers. By Kevin Zwick, Staff Reporter, Capitolwire
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 Reform2013-04-04 01:34:342013-04-06 01:38:59Fighting for victims in my home state PA legislators grasp at straws
SALEM, Ore. — A Catholic priest pleaded guilty Monday to sexually abusing a 12-year-old boy he invited for a sleepover when he was pastor of a church in a small city south of Portland.
The Rev. Angel Armando Perez was sentenced to more than six years in prison after pleading guilty in Marion County Circuit Court to first-degree sexual abuse, DUI and furnishing liquor to a minor.
Perez, a former pastor at St. Luke Catholic Church in Woodburn, was arrested in August. The Salem child told police he woke up during a sleepover in Perez’s home to find the priest touching his genitals and apparently taking photographs with a cellphone.
Police said the boy ran from the home with Perez chasing him. Neighbors took the boy to his sister’s house.
Detectives wrote in their affidavit that the 47-year-old priest, a native of Mexico who has permanent legal residency in the U.S., told them he drank too much at a community event and doesn’t remember what happened after he and the boy watched a movie.
Police said the boy told them the priest gave him a beer and he drank about half of it.
A grand jury indictment charged Perez with giving the boy alcohol on several occasions and accused the priest of evidence tampering. Marion County Deputy District Attorney Katie Suver said investigators believed Perez deleted a photo from his cellphone.
As part of Monday’s plea agreement, additional charges of using a child in display of sexually explicit conduct and evidence tampering were dismissed, Suver said in a statement.
“We ask that everyone keep the victim and his family in their prayers,” the Catholic Archdiocese of Portland said in a statement. “We also pray for healing and peace for the parishioners of the St. Luke Parish family.”
Perez was placed on administrative leave when the accusations came to light, archdiocese spokesman Bud Bunce said Monday night. Now that the criminal case is resolved, “the church will be able to look at what other things need to be done.”
Those possibilities range from placing Perez on permanent leave to removing him from the priesthood, Bunce said.
For the past decade, the archdiocese has worked to implement safety measures for clergy, teachers, adult volunteers and youth, the statement said.
“However, the misconduct of even one person can teach that our vigilance must never be relaxed,” it added.
Regarding Perez, the statement said, “We also ask for prayers for the family and friends of Father Perez and prayers for forgiveness. Yet, forgiveness does not exclude the consequences of justice under our nation’s laws. Father Perez is now facing those consequences.”
Bunce said he was not aware of any civil claims or lawsuits filed in the case. He said he believed the archdiocese loaned Perez money for his criminal defense but didn’t know the amount.
The Archdiocese of Portland was the first in the nation to declare bankruptcy in 2004, just hours before two civil trials on sex abuse allegations were set to begin. The diocese emerged from bankruptcy in 2007 with a $50 million settlement of more than 175 claims. Another $20 million was set aside to handle future claims.
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 Reform2013-04-03 01:40:002013-04-06 01:45:08This is why we NEED SOL reform! (Oregon Priest gets 6 years for child sex abuse)
Lawmakers look to lift statute on child sex crimes
WILLIAMSON COUNTY, Ill. – Illinois lawmakers are taking action to increase prosecution of child sexual abuse. The state is looking to do away with the statute of limitations for sex crimes against children.
Right now, prosecution of those crimes has to start within a year of the victim’s 18th birthday.
But a measure sailing through the legislature would open up the door for victims to step up at any time.
Young victims of sexual assault may never confront their accuser in a courtroom.
“Perpetrators do a lot of things to children to convince them that there’s nothing wrong with this,” said Betti Mucha, with the Perry-Jackson Child Advocacy Center.
Mucha said it’s because fear and guilt stand in the way. The abusers keep kids and young adults from speaking out.
“When they realize what’s happened to them, they want something done about it,” said Mucha.
Often after years of counseling victims come to terms with their abuse. But sometimes by then it’s too late to go to court.
Illinois lawmakers hope to change that.
A bill lifting the statute of limitations passed the Illinois House and sits in the Illinois Senate.
“Someone who has done something despicable like harm a child should not be able to get off scot-free simply because some random or arbitrary deadline for bringing a case against them has expired,” said Rep. John Bradley.
Jackson County State’s Attorney Michael Carr said crucial to securing a conviction would be other witnesses who may have known about or seen the abuse.
“It’s a great step if there is corroboration already,” he said.
Carr believes the legislation, if passed, could send a message that crimes against children won’t go unpunished, no matter the amount of time.
The measure unanimously passed the Illinois House. It’s in committee in the Senate.
Originally printed at http://www.wpsdlocal6.com/home/ticker/Lawmakers-look-to-lift-statute-on-child-sex-crimes-200961521.html
By Reporter – Kendall Downing
April 1, 2013
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 Reform2013-04-02 11:59:272013-04-06 01:23:29Lawmakers look to lift statute on child sex crimes in IL
Priest from Czestochowa accused in civil suit of sexual assault
/in Pennsylvania /by SOL ReformA mother of eight from Central Pennsylvania is suing the The National Shrine of Our Lady of Czestochowa in New Britain Township and the Archdiocese of Philadelphia, claiming that a priest at the shrine sexually assaulted her. The woman and her husband, who is also a plaintiff, allege that the Bucks County District Attorney’s Office did not thoroughly investigate the matter and the accused priest fled to Poland.
DA Dave Heckler says the priest was questioned, and there wasn’t enough evidence to warrant an arrest.
“We did not deem the allegations credible,” he said.
In a lawsuit filed Wednesday in Philadelphia Common Pleas Court, the woman — named only as Jane Doe — described attending marriage counseling at the shrine with her husband.
The priest, who is not being named in this story because no criminal charges were filed, asked questions about the couple’s sex life and the woman’s history of being sexually abused as a child, the lawsuit states. The priest then invited the woman to attend private spiritual counseling sessions, she claims in the lawsuit, then sexually assaulted her when they were alone.
Attorney Marci Hamilton, who is representing the couple along with lawyer Daniel Monahan, says that the couple are devout Catholics who feel devastated and betrayed.
The alleged sex assault was said to have occurred in a private room at the Ferry Road shrine on March 26, 2012.
“(The priest) sexually abused and assaulted the plaintiff without her consent and against her will. He did so by
grooming her, and then using physical, intellectual, moral, emotional and psychological force,” the suit states.
The woman told a Czestochowa official, the suit states, who told the Philadelphia Archdiocese.
Heckler says the archdiocese did notify his office, and New Britain Township police were called. A detective and a prosecutor from the office’s sexual assault investigation unit went to the shrine and talked to the priest.
In the lawsuit, the plaintiffs say the priest invoked “confessional privilege” and refused to answer questions.
Heckler said the priest did talk to investigators and answered questions, but declined to say what the woman and
her husband said during counseling. Heckler said the priest denied assaulting the woman and there was no DNA or other physical evidence to back up
her claims. He said investigators wanted to record a phone conversation between the woman and the priest, but by
the time they learned of the allegations, the woman’s husband had confronted the priest, so he knew that he was
being accused.
“Ultimately, we determined that there wasn’t proper base for prosecution,” he said.
Hamilton, an advocate for sex assault victims who represented a man who sued former Penn State assistant football coach Jerry Sandusky, says the case highlights a failure with the priests’ order, the Order of St. Paul the First Hermit, also known as the Pauline Fathers.4/4/13 PriestfromCzestochowa accused in civil suit of sexual assault- phillyburbs.com: Doylestown
www.phillyburbs.com/my_town/doylestown/priest-from-czestochowa-accused-in-civil-suit-of-sexual-assault/article_6dbb65da-716a-59d3-9eb0-02db5b9834c7.ht… 2/2
Hamilton claims that she learned while preparing the lawsuit that the Pauline Fathers have no policy in place for dealing with sex offenders in their midst.
“In 2013, that is unacceptable,” she said.
Hamilton has lobbied for a changes in child abuse laws, including changing the statute of limitations so that victims would have more time to report.
Heckler was appointed by the governor last year to chair a state committee considering changes to child abuse laws.
The panel did not recommend changing the statute of limitations.
The plaintiffs are seeking damages in excess of $50,000. Hamilton said they would like to see the priest extradited
from Poland, arrested and imprisoned.
“What she really wants is the truth,” she said.
Archdiocese spokesman Kenneth Gavin declined to comment on the lawsuit. A woman who answered the phone at
Our Lady of Czestochowa said all the priests were busy and no one could come to the phone to answer questions.
GO ILLINOIS!
/in Illinois /by SOL ReformA measure supported by State Rep. Sara Feigenholtz (D- Chicago) to prevent child sex offenders from escaping prosecution passed the House last week.
House Bill 1063 removes the statute of limitation on certain child sex crimes, including criminal sexual assault and abuse, if the victim was under the age of 18 at the time of the crime. This gives law enforcement the opportunity to prosecute these crimes even when the victims come forward years after the crime was committed.
“Child victims are frequently more hesitant to come forward and speak out against their abusers, either because they are scared, confused, or the perpetrator is someone they know,” said Feigenholtz. “This bill allows victims to seek justice and keeps dangerous child sex offenders from getting away from their crimes.”
The current law requires most prosecutions to begin within 3 years of the crime for felony offenses and within 1.5 years of the crime for misdemeanor offenses. The law already allows for extensions under certain circumstance for some child sex crimes.
View article as PDF
MN House Bill read for 2nd time!
/in Minnesota /by SOL ReformHF 681 was read for the second time, and amended at the Minnesota House of Representatives (Source: Journal of the House)
H. F. No. 681, A bill for an act relating to civil actions; changing the limitation period for civil actions involving sexual abuse; amending Minnesota Statutes 2012, section 541.073.
Reported the same back with the following amendments:
Page 1, line 16, delete “and”
Page 1, line 18, before the period, insert “; and (3) must be commenced within six years of the alleged sexual abuse in a case where the individual defendant is 16 years old or younger at the time of the alleged abuse, except when the plaintiff was under 18 at the time of the alleged abuse and then no later than the plaintiff’s 24th birthday”
Page 2, line 5, delete “Not applicable to”
Page 2, line 6, delete “This section does not apply to”
Page 2, line 7, after “superior” insert “shall be commenced within six years of the alleged sexual abuse except when the plaintiff was under 18 at the time of the alleged abuse and then no later than the plaintiff’s 24th birthday”
With the recommendation that when so amended the bill pass.
(updates below)
Fighting for victims in my home state PA legislators grasp at straws
/in Pennsylvania /by SOL ReformHARRISBURG (April 3) – Two House lawmakers pushing back against a proposal to eliminate the statute of limitations on child sexual abuse civil cases have a problem with a leading advocate of the proposal.
The lawmakers say a legal expert advocating for the changes did so without disclosing major potential financial gains she’d receive if the proposal is enacted. House Judiciary Committee Chairman Ron Marsico, R-Dauphin, and Minority Chairman Tom Caltagirone, D-Berks, say professor and attorney Marci Hamilton is advocating for the legislation through her position at a law school. They say she is doing so without disclosing she could benefit financially as a plaintiff attorney.
“Ms. Hamilton’s apparent undisclosed financial stake in this effort to influence public policy in Pennsylvania is troubling,” the lawmakers wrote in a letter to the university president. “To our understanding, the legislative enactments advocated for by Ms. Hamilton could personally benefit her in her role as a plaintiff’s lawyer specializing in the representation of those who allegedly were sexually abused as children.”
Hamilton, a professor at the Benjamin N. Cardozo School of Law at Yeshiva University in New York, dismissed the lawmakers’ claim that she would take on more clients as “speculative.”
“Yes, I am involved, it has never been a secret. They know full well that it has never been a secret,” she said in a brief interview Monday. “…It’s part of their process. They’re trying to find some way to get me out of the process, but they don’t have a leg to stand on.”
Hamilton, a long-time Bucks County resident, co-represents 16 plaintiffs in child sexual abuse cases filed against the Archdiocese of Philadelphia. But she said those clients would not be affected by the proposed changes to the statute of limitations for which she advocates. She also noted that while she led the charge to change the child sexual abuse statute of limitation laws on civil suits in Delaware and Hawaii, she did not represent clients in those states. The lawmakers point to California, where they say she charged hundreds of dollars per hour as special counsel to clients.
Hamilton has promoted similar changes in other states, and while pushback against the proposals initially “shocked” her, she says, it is expected as the Catholic Church and the powerful insurance industry lobby against the proposals.What irked Marsico and Caltagirone was a letter Hamilton sent to lawmakers earlier this month supporting amendments proposed by Reps. Michael McGeehan, D-Philadelphia, and Mark Rozzi, D-Berks, to House Bill 342, which she wrote are “constitutional and sound public policy.”
McGeehan’s amendment would allow individuals, during the two-year window where the statute of limitations would be voided, to file civil charges in years-old child sexual abuse cases and would suspend sovereign immunity for school and government officials involved. Rozzi’s amendment is similar, minus the sovereign immunity suspension.
Currently, a child victim of sexual abuse has until the age of 30 to file civil claims in Pennsylvania. The McGeehan/Rozzi amendments would remove the cap
during the two-year period. This could potentially open up hundreds of decadesold, unreported cases where evidence may be inadequate, opponents say. Events revolving around grand jury findings on child sexual abuse involving the Roman Catholic Archdiocese of Philadelphia, as well as the high-profile scandal at Penn State University, have spurred calls from child advocates for the legal changes.
The Roman Catholic Church has opposed the “window” legislation here and in other states, arguing that it would be difficult to collect reliable evidence after so many years. The Pennsylvania Catholic Conference and the Insurance Federation of Pennsylvania are lobbying against the McGeehan/Rozzi amendments and opposed similar proposals in the past.
“From an insurance perspective, you need to have some certainty when a claim and exposure on a claim ends. From an insurance perspective, that’s what a statute of limitation does,” said Sam Marshall, president and CEO of the Insurance Federation of Pennsylvania.
He said voiding the statute of limitations would mean an insurance company’s exposure on a claim never ends, the policyholder’s premium payments would never end, and would cause uncertainty in an industry that relies on predictability.Marsico aired his concerns over the constitutionality of rescinding the limits for filing a civil lawsuit in these cases, the Patriot News reported. In a statement, Marsico said if the statute of limitations are removed and are not upheld in a court challenge, then it would mean more anguish for the victims.
Hamilton disagrees, as does McGeehan, who told the Patriot-News that similar legislation withstood court challenges in California and Delaware.
How Hamilton advocated for the legislation rankled Marsico and Caltagirone as well. She sent her advocacy letter to lawmakers on Cardozo School of Law letterhead, and signed it using her title as a faculty chair of the school’s public law section. Her advocacy letter touts expertise in the legal realm of child sexual abuse law, and notes a book she wrote regarding changes to the statute of limitations on child sexual abuse civil cases.
“I do what every other law professor does – take position in the public square on issues where I am an expert,” she said in response, noting she wrote the letter at the request of McGeehan, who sought her advice on constitutionality of his proposal.
Hamilton says her advocacy and representation of clients does not pose a conflict of interest under university rules, a concern the lawmakers raised. The university says it received the letter from Marsico and Caltagirone.
“The University has received the letter. We are not able to comment until after the Passover holiday period when we will respectfully respond to the Representatives,” a university spokesperson said.
The underlying bill, sponsored by Rep. Marguerite Quinn, R-Bucks, would prevent the public disclosure of names of child sexual abuse victims to the public by the court. During the Jerry Sandusky trial, the judge struck down a pre-trial request where several victims asked their real names not be used. Their actual names were then included in a transcript that is a public record.
House GOP spokesman Steve Miskin said the focus is on getting child predators off the streets, which means centering on changes to the criminal law, not the civil realm.
Source: Capitolwire: Lawyer advocating removal of limits on child sex abuse civil cases under fire from lawmakers. By Kevin Zwick, Staff Reporter, Capitolwire
This is why we NEED SOL reform! (Oregon Priest gets 6 years for child sex abuse)
/in Oregon /by SOL ReformSALEM, Ore. — A Catholic priest pleaded guilty Monday to sexually abusing a 12-year-old boy he invited for a sleepover when he was pastor of a church in a small city south of Portland.
The Rev. Angel Armando Perez was sentenced to more than six years in prison after pleading guilty in Marion County Circuit Court to first-degree sexual abuse, DUI and furnishing liquor to a minor.
Perez, a former pastor at St. Luke Catholic Church in Woodburn, was arrested in August. The Salem child told police he woke up during a sleepover in Perez’s home to find the priest touching his genitals and apparently taking photographs with a cellphone.
Police said the boy ran from the home with Perez chasing him. Neighbors took the boy to his sister’s house.
Detectives wrote in their affidavit that the 47-year-old priest, a native of Mexico who has permanent legal residency in the U.S., told them he drank too much at a community event and doesn’t remember what happened after he and the boy watched a movie.
Police said the boy told them the priest gave him a beer and he drank about half of it.
A grand jury indictment charged Perez with giving the boy alcohol on several occasions and accused the priest of evidence tampering. Marion County Deputy District Attorney Katie Suver said investigators believed Perez deleted a photo from his cellphone.
As part of Monday’s plea agreement, additional charges of using a child in display of sexually explicit conduct and evidence tampering were dismissed, Suver said in a statement.
“We ask that everyone keep the victim and his family in their prayers,” the Catholic Archdiocese of Portland said in a statement. “We also pray for healing and peace for the parishioners of the St. Luke Parish family.”
Perez was placed on administrative leave when the accusations came to light, archdiocese spokesman Bud Bunce said Monday night. Now that the criminal case is resolved, “the church will be able to look at what other things need to be done.”
Those possibilities range from placing Perez on permanent leave to removing him from the priesthood, Bunce said.
For the past decade, the archdiocese has worked to implement safety measures for clergy, teachers, adult volunteers and youth, the statement said.
“However, the misconduct of even one person can teach that our vigilance must never be relaxed,” it added.
Regarding Perez, the statement said, “We also ask for prayers for the family and friends of Father Perez and prayers for forgiveness. Yet, forgiveness does not exclude the consequences of justice under our nation’s laws. Father Perez is now facing those consequences.”
Bunce said he was not aware of any civil claims or lawsuits filed in the case. He said he believed the archdiocese loaned Perez money for his criminal defense but didn’t know the amount.
The Archdiocese of Portland was the first in the nation to declare bankruptcy in 2004, just hours before two civil trials on sex abuse allegations were set to begin. The diocese emerged from bankruptcy in 2007 with a $50 million settlement of more than 175 claims. Another $20 million was set aside to handle future claims.
View PDF: This is why we NEED SOL reform! (Oregon Priest gets 6 years for child sex abuse)
Lawmakers look to lift statute on child sex crimes in IL
/in Illinois /by SOL ReformLawmakers look to lift statute on child sex crimes
WILLIAMSON COUNTY, Ill. – Illinois lawmakers are taking action to increase prosecution of child sexual abuse. The state is looking to do away with the statute of limitations for sex crimes against children.
Right now, prosecution of those crimes has to start within a year of the victim’s 18th birthday.
But a measure sailing through the legislature would open up the door for victims to step up at any time.
Young victims of sexual assault may never confront their accuser in a courtroom.
“Perpetrators do a lot of things to children to convince them that there’s nothing wrong with this,” said Betti Mucha, with the Perry-Jackson Child Advocacy Center.
Mucha said it’s because fear and guilt stand in the way. The abusers keep kids and young adults from speaking out.
“When they realize what’s happened to them, they want something done about it,” said Mucha.
Often after years of counseling victims come to terms with their abuse. But sometimes by then it’s too late to go to court.
Illinois lawmakers hope to change that.
A bill lifting the statute of limitations passed the Illinois House and sits in the Illinois Senate.
“Someone who has done something despicable like harm a child should not be able to get off scot-free simply because some random or arbitrary deadline for bringing a case against them has expired,” said Rep. John Bradley.
Jackson County State’s Attorney Michael Carr said crucial to securing a conviction would be other witnesses who may have known about or seen the abuse.
“It’s a great step if there is corroboration already,” he said.
Carr believes the legislation, if passed, could send a message that crimes against children won’t go unpunished, no matter the amount of time.
The measure unanimously passed the Illinois House. It’s in committee in the Senate.
View Article as PDF
Originally printed at http://www.wpsdlocal6.com/home/ticker/Lawmakers-look-to-lift-statute-on-child-sex-crimes-200961521.html
By Reporter – Kendall Downing
April 1, 2013