State Rep. John Bradley, D-Marion, is backing legislation to remove the statute of limitations on sexual assaults on minors.
The current law requires prosecution for criminal sexual abuse of a minor must begin within one year of the victim turning 18 years old.
The Bradley backed House Bill 1063 removes the statute of limitations for aggravated or predatory sexual offenses, or criminal sexual abuse where the victim was under 18 at the time. The bill also allows for a 20 year window to prosecute the failure to report certain alleged or suspect sexual assaults against minors.
“We have no greater respsonsibility as a state than protecting our children from harm,” Bradley said. “As survivors of sexual abuse can often take years to come to grips with what occurred and build up the courage to alert authorities, eliminating the statute of limitations for aggravated, predatory or criminal sexual abuse of minors provides victims an avenue towards justice and the potential to stop a sexual predator from harming others.”
“Children who have been victimized by sexual violence experience unimaginable trauma,” said Lyn Schollett, general counsel for the Illinois Coalition Against Sexual Assault. “Sex offenders often prevent child victims from reporting the crime by blaming or threatening the child. This bill will ensure that when a survivor of childhood sexual abuse is safe enough to report the crime, prosecutors can stand ready to charge the offender.”
The legislation passed through the House of Representatives unanimously and awaits consideration in the Senate.
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 11:53:372013-04-02 11:53:37Bradley wants to remove statute of limitations on child sex assaults
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.
Lawmakers look to lift statute on child sex crimes
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 Reform2013-04-01 01:53:372013-04-06 01:55:08Lawmakers look to lift statute on child sex crimes in IL
MARTINEZ — The civil case of Kristen Cunnane against the Moraga School District and three former administrators may come down to statute of limitations arguments.
On Friday, Cunnane’s attorneys argued in a Martinez courtroom that Cunnane failed to sue the district until years after her sexual abuse by a teacher ended because she only learned of a district cover-up of abuse problems years later — after this newspaper uncovered the failings almost a year ago.
Meanwhile, the district’s attorneys are asking a Contra Costa Superior Court judge to drop her case because it is “untimely.” Legal precedent insists the statute of limitations on filing such a suit begin accruing on the last day of her molestation, which
Kristen Cunnane, an assistant coach on the California swim team, fights tears in a 2012 interview. (D. ROSS CAMERON) would have been in 2000, district lawyers say.
It was the first big courtroom battle in Cunnane’s case, which alleges the district, and former principal Bill Walters, assistant principal Paul Simonin and superintendent John Cooley, failed to act on early warnings of abuse by former Joaquin Moraga Intermediate School science teacher Dan Witters which led to the Cal swim coach’s sexual abuse. Cunnane was later raped by her middle school PE teacher Julie Correa over a five-year period “400 to 500 times,” her attorney Paul Llewellyn told the judge Friday.
A handful of girls came forward accusing Witters of abuse in 1996, and he later killed himself before any criminal investigation was completed. This newspaper uncovered documents showing school officials failed to report earlier abuse warnings and act on multiple signs of inappropriate behavior by the teacher over many years.
Cunnane, who attended Friday’s hearing, said the district’s position is difficult to listen to.
“I feel like the school district is once again blaming me. Now they say I should have filed the lawsuit earlier because apparently I should have found out about their cover-up earlier,” the Walnut Creek resident said. “It’s still painful to be blamed for any part of it.”
Statute of limitations laws in California vary depending on the particular sexual abuse scenario. School district lawyer Marina Pitts argued that after her abuse, Cunnane knew the identification of her molesters, knew she was molested and knew they worked for the school district, so any lawsuit should have been filed then.
Llewellyn argued his client’s lawsuit was about the cover-up and reporting failures, not the abuse itself.
“It is not the sexual abuse Ms. Cunnane is suing for … that’s not what this case is about,” he said.
He told the judge, “The defendants are asking you to reward them for their cover-up.”
Both sides also argued over an earlier 2010 claim filed by Cunnane and whether that abandoned claim would impact the current lawsuit.
Judge Judith Craddick asked for more written arguments from both sides and scheduled another hearing on July 29.
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 Reform2013-03-30 01:55:502013-04-06 01:57:53Unjust SOL in CA
Just after noon on Monday, Lauren Book is scheduled to talk to a group of Manatee County residents about how she survived six years of sexual, physical and emotional abuse from her former nanny.
She will talk about her childhood nightmare again later that day when she appears at Manatee Glens as part of the hospital’s annual sexual awareness day. In fact, Book has spent every spring over the last four years speaking several times a day, across the state, about what she suffered.
And when she is not participating in her annual 1500-mile “Walk In My Shoes” rally across Florida, Book is fighting the sexual abuse of children in scores of other ways. She writes blogs, has published a book, founded a nonprofit group, appears on television, visits schools and child advocacy centers, lobbies politicians, and even has visited a homeless camp filled with sex offenders.
“It’s never easy. Being a survivor and sharing my experiences isn’t easy,” Book said. “I am constantly putting myself out there in a very vulnerable way. But it’s important. And whenever I have a hard time, I remind myself why I am doing this.”
Book’s mission, ever since she revealed her nanny’s abuse to her parents 11 years ago, is to empower other sexual abuse victims to speak out. Every year since 2009, she has undertaken “Walk In My Shoes” to stand up for causes she says will help abused children understand that “they’re not alone.”
This year, her cause is to convince the Florida Legislature to pass into law a bill that would allow the out-of-court statements of child sexual abuse victims to be admitted as evidence in court.
The law would protect child sexual abuse victims from being “retraumatized” by having to repeat their accusations over and over, and in front of their abusers. It would ensure more child molesters are brought to justice, Book says, because many times victims lose their will to testify during the 18 months to two years that it sometimes takes to bring their cases to trial.
“There are many cases where we have evidence but we may lose the victim because they no longer want to be part of it,” says Cathy Wilson, director of children’s services and community programs at Manatee Glens. “They may have started over.”
Raising awareness
Book and her father Ron, a well-known political lobbyist, have already been instrumental in passing many other laws strengthening protection of child sexual abuse victims.
Last year, they helped pass a law requiring mandatory reporting of known or suspected child sexual abuse. The year before, the Books were instrumental in eliminating the civil and criminal statute of limitations on sexual abuse crimes.
Book’s story is especially valuable, says one Manatee County activist, because it breaks down “stereotypes” about child sexual abuse.
“So often, people think the perpetrator is a male stranger, and the victim is a female child,” said Ken Followell, president of MaleSurvivor, a nationwide organization devoted to helping male survivors of sexual abuse recover. “People tend not to worry about people they know and trust. But the truth is, 90 percent of the time, the molester is someone close to us.”
Book’s molester was the woman, hired by her parents, who cared for her and her two siblings for six years. Waldina Flores was sentenced to 15 years in prison in 2002 after confessing to molesting Book from age 11 to 17. The molestation included not only sexual violation, but beatings, threats, defecation and urination, Book says.
“It doesn’t matter how old you are: facing your abuser in court is scary,” said Book, who testified in depositions against Flores when she was 17. “Having a defense attorney grill you, having to expose deep, dark secrets that you are ashamed and embarrassed of, is extremely difficult and very painful.”
Book’s struggle to cope with what happened to her led to periods of anorexia and self-mutilation. She says counseling is the only thing that enabled her to thrive in spite of her experience, and recommends it for every sexual abuse victim.
“I want people to know that abuse happens everywhere,” she says. “It happened to a blond-headed, green-eyed girl who came from a gated community. We all have a false sense of security; it’s really important that we all be aware of what’s out there.”
Mass. Sen. Will Brownsberger outlined his plans to pass a bill that would extend the statute of limitations for victims of childhood sexual abuse during the coming months of the congressional session.
“Victims of childhood sexual abuse often take decades to realize what has really happened to them, we need to have a statute of limitations structured to recognize that reality,” wrote Brownsberger on his website.
He said the bill would allow victims of sexual abuse to file a lawsuit until the age of 55, instead of 21 and allow victims over the age of 55 a one-year window to file a lawsuit.
Brownsberger said the bill was first filed on Jan. 22 after informal talks failed to amount to legislation in the last Massachusetts Senate session. If the bill is passed, it will be effective July 1.
“It’s really hard to sort out what has happened and how things fell apart, I don’t really want to point a finger at anybody at this stage, I think its more productive to try to move forward,” he said.
Although this bill would make it easier for victims to face their accusers in court, some law experts said this is not enough and sexual abuse charges should be treated more severely.
“The amendment of the bill is a step in the right direction, and it should in the very least increase the statute of limitations to age 55 with a one-year window for those older than age 55 to be able to sue or file complaint,” said Mitchell Garabedian, principal attorney at Law Offices of Mitchell Garabedian.
Garabedian said Brownsberger’s bill is insufficient and that these cases should allow victims to accuse their attackers at any time.
“Ideally, there should be no statute of limitations in these kinds of cases involving sexual abuse, just as there are no statute of limitations in murder cases,” he said.
Garabedian, who specializes in sexual abuses cases, said the bill would open the window to a much wider extent, but a large group would still be left out and not be able to file lawsuits.
“In sexual abuse cases, an individual can come forward when that individual’s coping mechanisms allow that victim to come forward, it is not a voluntary process,” he said. “It is a process that takes decades, and it’s a process that allows many individuals to come forward only when they’re older than 55.”
Deborah Abelman, an early childhood specialist who works in Boston, said the best course of action is to have no statute of limitations for sexual abuse cases.
“[Sexual abuse] changes you forever — you are no longer the person you might have been, so it is like murder, and if we have no statute of limitations [for murder cases], then for this too we should have no statute of limitations,” Abelman said.
Abelman said extending the age limit to 55 is not enough and further expansions to the bill should be made before it is passed.
“There are some times when it makes sense to compromise, and there are some times when compromise isn’t an option,” she said. “If we’re going to [pass this bill], we need to do it right.”
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 Reform2013-03-25 02:00:072013-04-06 02:01:56Mass. Sen. Will Brownsberger outlines plans to pass SOL bill
Bradley wants to remove statute of limitations on child sex assaults
/in Illinois /by SOL Reform22 HOURS AGO • THE SOUTHERN
The current law requires prosecution for criminal sexual abuse of a minor must begin within one year of the victim turning 18 years old.
The Bradley backed House Bill 1063 removes the statute of limitations for aggravated or predatory sexual offenses, or criminal sexual abuse where the victim was under 18 at the time. The bill also allows for a 20 year window to prosecute the failure to report certain alleged or suspect sexual assaults against minors.
“We have no greater respsonsibility as a state than protecting our children from harm,” Bradley said. “As survivors of sexual abuse can often take years to come to grips with what occurred and build up the courage to alert authorities, eliminating the statute of limitations for aggravated, predatory or criminal sexual abuse of minors provides victims an avenue towards justice and the potential to stop a sexual predator from harming others.”
“Children who have been victimized by sexual violence experience unimaginable trauma,” said Lyn Schollett, general counsel for the Illinois Coalition Against Sexual Assault. “Sex offenders often prevent child victims from reporting the crime by blaming or threatening the child. This bill will ensure that when a survivor of childhood sexual abuse is safe enough to report the crime, prosecutors can stand ready to charge the offender.”
The legislation passed through the House of Representatives unanimously and awaits consideration in the Senate.
View Article as PDF
Lawmakers look to lift statute on child sex crimes in IL
/in Illinois /by SOL ReformIllinois 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 as PDF
Lawmakers look to lift statute on child sex crimes
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
Florida News Archives (2005)-(2013)
/in Florida /by SOL ReformWhat Congress Should Have Learned – And Didn’t – From the Catholic Church Clergy Abuse Scandal
Hamilton
Unjust SOL in CA
/in California /by SOL ReformMARTINEZ — The civil case of Kristen Cunnane against the Moraga School District and three former administrators may come down to statute of limitations arguments.
On Friday, Cunnane’s attorneys argued in a Martinez courtroom that Cunnane failed to sue the district until years after her sexual abuse by a teacher ended because she only learned of a district cover-up of abuse problems years later — after this newspaper uncovered the failings almost a year ago.
Meanwhile, the district’s attorneys are asking a Contra Costa Superior Court judge to drop her case because it is “untimely.” Legal precedent insists the statute of limitations on filing such a suit begin accruing on the last day of her molestation, which
It was the first big courtroom battle in Cunnane’s case, which alleges the district, and former principal Bill Walters, assistant principal Paul Simonin and superintendent John Cooley, failed to act on early warnings of abuse by former Joaquin Moraga Intermediate School science teacher Dan Witters which led to the Cal swim coach’s sexual abuse. Cunnane was later raped by her middle school PE teacher Julie Correa over a five-year period “400 to 500 times,” her attorney Paul Llewellyn told the judge Friday.
A handful of girls came forward accusing Witters of abuse in 1996, and he later killed himself before any criminal investigation was completed. This newspaper uncovered documents showing school officials failed to report earlier abuse warnings and act on multiple signs of inappropriate behavior by the teacher over many years.
Cunnane, who attended Friday’s hearing, said the district’s position is difficult to listen to.
“I feel like the school district is once again blaming me. Now they say I should have filed the lawsuit earlier because apparently I should have found out about their cover-up earlier,” the Walnut Creek resident said. “It’s still painful to be blamed for any part of it.”
Statute of limitations laws in California vary depending on the particular sexual abuse scenario. School district lawyer Marina Pitts argued that after her abuse, Cunnane knew the identification of her molesters, knew she was molested and knew they worked for the school district, so any lawsuit should have been filed then.
Llewellyn argued his client’s lawsuit was about the cover-up and reporting failures, not the abuse itself.
“It is not the sexual abuse Ms. Cunnane is suing for … that’s not what this case is about,” he said.
He told the judge, “The defendants are asking you to reward them for their cover-up.”
Both sides also argued over an earlier 2010 claim filed by Cunnane and whether that abandoned claim would impact the current lawsuit.
Judge Judith Craddick asked for more written arguments from both sides and scheduled another hearing on July 29.
View as PDF
View as PDF
/in Florida /by SOL ReformJust after noon on Monday, Lauren Book is scheduled to talk to a group of Manatee County residents about how she survived six years of sexual, physical and emotional abuse from her former nanny.
She will talk about her childhood nightmare again later that day when she appears at Manatee Glens as part of the hospital’s annual sexual awareness day. In fact, Book has spent every spring over the last four years speaking several times a day, across the state, about what she suffered.
And when she is not participating in her annual 1500-mile “Walk In My Shoes” rally across Florida, Book is fighting the sexual abuse of children in scores of other ways. She writes blogs, has published a book, founded a nonprofit group, appears on television, visits schools and child advocacy centers, lobbies politicians, and even has visited a homeless camp filled with sex offenders.
“It’s never easy. Being a survivor and sharing my experiences isn’t easy,” Book said. “I am constantly putting myself out there in a very vulnerable way. But it’s important. And whenever I have a hard time, I remind myself why I am doing this.”
Book’s mission, ever since she revealed her nanny’s abuse to her parents 11 years ago, is to empower other sexual abuse victims to speak out. Every year since 2009, she has undertaken “Walk In My Shoes” to stand up for causes she says will help abused children understand that “they’re not alone.”
This year, her cause is to convince the Florida Legislature to pass into law a bill that would allow the out-of-court statements of child sexual abuse victims to be admitted as evidence in court.
The law would protect child sexual abuse victims from being “retraumatized” by having to repeat their accusations over and over, and in front of their abusers. It would ensure more child molesters are brought to justice, Book says, because many times victims lose their will to testify during the 18 months to two years that it sometimes takes to bring their cases to trial.
“There are many cases where we have evidence but we may lose the victim because they no longer want to be part of it,” says Cathy Wilson, director of children’s services and community programs at Manatee Glens. “They may have started over.”
Raising awareness
Book and her father Ron, a well-known political lobbyist, have already been instrumental in passing many other laws strengthening protection of child sexual abuse victims.
Last year, they helped pass a law requiring mandatory reporting of known or suspected child sexual abuse. The year before, the Books were instrumental in eliminating the civil and criminal statute of limitations on sexual abuse crimes.
Book’s story is especially valuable, says one Manatee County activist, because it breaks down “stereotypes” about child sexual abuse.
“So often, people think the perpetrator is a male stranger, and the victim is a female child,” said Ken Followell, president of MaleSurvivor, a nationwide organization devoted to helping male survivors of sexual abuse recover. “People tend not to worry about people they know and trust. But the truth is, 90 percent of the time, the molester is someone close to us.”
Book’s molester was the woman, hired by her parents, who cared for her and her two siblings for six years. Waldina Flores was sentenced to 15 years in prison in 2002 after confessing to molesting Book from age 11 to 17. The molestation included not only sexual violation, but beatings, threats, defecation and urination, Book says.
“It doesn’t matter how old you are: facing your abuser in court is scary,” said Book, who testified in depositions against Flores when she was 17. “Having a defense attorney grill you, having to expose deep, dark secrets that you are ashamed and embarrassed of, is extremely difficult and very painful.”
Book’s struggle to cope with what happened to her led to periods of anorexia and self-mutilation. She says counseling is the only thing that enabled her to thrive in spite of her experience, and recommends it for every sexual abuse victim.
“I want people to know that abuse happens everywhere,” she says. “It happened to a blond-headed, green-eyed girl who came from a gated community. We all have a false sense of security; it’s really important that we all be aware of what’s out there.”
View as PDF
Sex abuse survivor shares story to empower others
Mass. Sen. Will Brownsberger outlines plans to pass SOL bill
/in Massachusetts /by SOL ReformMass. Sen. Will Brownsberger outlined his plans to pass a bill that would extend the statute of limitations for victims of childhood sexual abuse during the coming months of the congressional session.
“Victims of childhood sexual abuse often take decades to realize what has really happened to them, we need to have a statute of limitations structured to recognize that reality,” wrote Brownsberger on his website.
He said the bill would allow victims of sexual abuse to file a lawsuit until the age of 55, instead of 21 and allow victims over the age of 55 a one-year window to file a lawsuit.
Brownsberger said the bill was first filed on Jan. 22 after informal talks failed to amount to legislation in the last Massachusetts Senate session. If the bill is passed, it will be effective July 1.
“It’s really hard to sort out what has happened and how things fell apart, I don’t really want to point a finger at anybody at this stage, I think its more productive to try to move forward,” he said.
Although this bill would make it easier for victims to face their accusers in court, some law experts said this is not enough and sexual abuse charges should be treated more severely.
“The amendment of the bill is a step in the right direction, and it should in the very least increase the statute of limitations to age 55 with a one-year window for those older than age 55 to be able to sue or file complaint,” said Mitchell Garabedian, principal attorney at Law Offices of Mitchell Garabedian.
Garabedian said Brownsberger’s bill is insufficient and that these cases should allow victims to accuse their attackers at any time.
“Ideally, there should be no statute of limitations in these kinds of cases involving sexual abuse, just as there are no statute of limitations in murder cases,” he said.
Garabedian, who specializes in sexual abuses cases, said the bill would open the window to a much wider extent, but a large group would still be left out and not be able to file lawsuits.
“In sexual abuse cases, an individual can come forward when that individual’s coping mechanisms allow that victim to come forward, it is not a voluntary process,” he said. “It is a process that takes decades, and it’s a process that allows many individuals to come forward only when they’re older than 55.”
Deborah Abelman, an early childhood specialist who works in Boston, said the best course of action is to have no statute of limitations for sexual abuse cases.
“[Sexual abuse] changes you forever — you are no longer the person you might have been, so it is like murder, and if we have no statute of limitations [for murder cases], then for this too we should have no statute of limitations,” Abelman said.
Abelman said extending the age limit to 55 is not enough and further expansions to the bill should be made before it is passed.
“There are some times when it makes sense to compromise, and there are some times when compromise isn’t an option,” she said. “If we’re going to [pass this bill], we need to do it right.”
View as PDF: Mass. Sen. Will Brownsberger outlines plans to pass SOL bill