State Representative Jason Spencer (R-Woodbine) today announced that the first civil claim was filed in Camden County Superior Court on August 20, 2015 using the new Georgia Hidden Predator Act. Sponsored by Rep. Spencer during the 2015 legislative session, the law became effective July 1 and changes Georgia’s statute of limitations for child sexual abuse cases.
“The purpose of the Hidden Predator Act was to open halls of justice, and the courthouse doors are now unlocked” said Rep. Spencer.
“For too long, our laws protected pedophiles and the institutions that harbored them. The Hidden Predator Act empowers the victims to confront their perpetrators and their accomplices in the court room. When victims come forward, this law will expose these child sexual predators in the communities where they are hiding and enhance child protections. My hope is that this law will be used in an appropriate manner to serve justice to those who, in the past, were being denied.”
The civil suit, filed on behalf of seven men from Kingsland, Georgia, who are now suing their former Taekwondo coach, claims that the men were sexually assaulted by their coach when they were in their teens.
Previously, criminal charges could not be filed in this case because the statute of limitations had run out for all of these victims. This suit is the first of its kind in the state since the law changed on July 1, 2015 with the passage of the Hidden Predator Act by the Georgia General Assembly.
“Thanks to the hard work of Jason Spencer and survivor Justin Conway and many other advocates, Georgia moved from being one of the worst states for access to justice for child sex abuse victims to one of the better states,” said Marci Hamilton, professor at Benjamin N. Cardozo School of Law.
“The first Hidden Predator Act lawsuit filed for 7 men abused by their taekwondo instructor and endangered by the negligence of major organizations like the AAU was only possible due to the passage of the HPA. This is the start of a new era of child protection for Georgia.”
The Hidden Predator Act changes the statute of limitations for civil claims arising from childhood sexual abuse in Georgia. Under the new law, a plaintiff must file a cause of action by the age of 23, or within two years from the date he or she knew or had reason to know of the abuse and the injury caused from the abuse, which must be verified by medical or psychological evidence.
The Act also provides a two-year retroactive civil suit window after July 1, 2015: A plaintiff who was barred from bringing a suit due to the expiration of the statute of limitations period that was previously in effect has two years to file a suit against an individual who allegedly committed the abuse. Unless the new statute of limitations period for childhood sexual abuse applies, a plaintiff who was under 18 when the cause of action occurs now has the same amount of time allowed by the statute of limitations to bring a suit after he or she turns 18. Additionally, the Act allows a plaintiff who is suing for childhood sexual abuse to access records and reports concerning the abuse case that state or local governments possess.
Full article: http://m.savannahnow.com/news/2015-08-21/new-law-allows-sex-assault-charges-against-coastal-georgia-taekwondo-instructor#gsc.tab=0
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 Reform2015-08-22 00:55:372015-08-22 00:55:37New law allows sex assault charges against Coastal Georgia taekwondo instructor, Savannah Morning News
First Lawsuit Under the Georgia Hidden Predator Act
Against Amateur Athletic Union (AAU), Paks Karate,
and Craig Peeples
Atlanta, Aug. 20, 2015 – A press conference was held today to announce the filing of a civil lawsuit on behalf of seven victims of karate instructor Craig Peeples. Leading national lawyer and advocate for child sex abuse victims, Marci A. Hamilton, Esq., and Robert Friedman, Esq., King & Spalding litigation partner in Atlanta, GA, addressed the media about the first lawsuit to be filed under the Georgia Hidden Predator Act.
Six of the men were the subject of a 2014 Georgia Bureau of Investigation (“GBI”) Report, which concluded that the six men had leveled credible charges of serious child sex abuse against Peeples, but the criminal statute of limitations had run, and, therefore, prosecution was barred.
The GBI Report and the fact that the perpetrator continues to operate as a karate instructor, under the imprimatur of both the Amateur Athletic Union and Paks Karate, despite the credible allegations, prompted the passage of the Hidden Predator Act, which increased access to justice for Georgia’s child sex abuse victims to file civil claims.
All seven victims were present and unified in their determination to obtain justice and to stand with all child sex abuse victims against the crimes perpetrated against them.
Attorney Bios
Marci Hamilton
Marci Hamilton is one of the United States’ leading experts on child sex abuse in institutions and on access to justice for child sex abuse victims. Professor Hamilton is a Senior Fellow at the University of Pennsylvania, Fox Leadership Program, Philadelphia, PA, and holds the Paul R. Verkuil Chair in Public Law at the Benjamin N. Cardozo School of Law, Yeshiva University. She is a prolific author on the plight of child sex abuse victims in the legal system, including Justice Denied: What America Must Do to Protect Its Children (Cambridge University Press 2012). Professor Hamilton is a graduate of Vanderbilt University and received her law degree from the University of Pennsylvania Law School. She clerked for Justice Sandra Day O’Connor of the United States Supreme Court.
Robert Friedman
Robert Friedman is a partner with King & Spalding’s Tort Litigation Practice in the firm’s Atlanta office, where he represents foreign and domestic companies in high exposure product liability, personal injury, and commercial cases across the country.
James Vines
James Vines is a partner with King & Spalding in the firm’s Atlanta office. He previously served as United States Attorney and in that role indicted and prosecuted numerous cases of child pornography and sex trafficking. Following law school, he was a law clerk for Hon. William H. Rehnquist, Chief Justice, United States Supreme Court.
About King & Spalding
Celebrating more than 125 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 800 lawyers in 17 offices in the United States, Europe, the Middle East and Asia. The firm has handled matters in over 160 countries on six continents and is consistently recognized for the results it obtains, uncompromising commitment to quality, and dedication to understanding the business and culture of its clients. More information is available at www.kslaw.com.
Since 2013, Australia’s Royal Commission into Institutional Responses to Childhood Sexual Abuse has been investigating how institutions like schools and churches respond to allegations of sexual crimes against children. The commission is now questioning members of the Jehovah’s Witnesses, finding that there have been 1,006 reports of sexual abuse made to church leadership between 1950 and 2014. On August 15, a leader in the church testified that there are certain “spiritual” reasons why victims are deterred from reporting their assaults to police.
Both victims and church elders have been testifying before the commission since late July, with several women testifying that they were dissuaded from reporting their abuse to outside authorities and made to confront their abusers in internal proceedings before a committee of all-male elders. Victims were believed only if there were two or more witnesses to the abuse, or if the abuser willingly confessed.
The transcripts of the hearings have been made public, and they are harrowing to read. As Vice reported, one victim testified that she used to pray for Jehovah to put angels around her bed to keep her father from raping her. The same woman testified that her father quoted Scripture during the rapes, telling her it was her duty to be “obedient” to her.
On August 15, a senior church official, Geoffrey William Jackson, testified. Jackson, who was born in Australia but now lives in Brooklyn, did his best to explain why the church is so very reluctant to report sexual abuse allegations to the police. It’s all about Proverbs, you see.
Jackson’s testimony is, basically, that church leaders won’t report abuse unless they feel they’re required to do so by law. He said there is a “spiritual dilemma” at work that would keep them from reporting. Here’s the exchange between him and Angus Stewart, the attorney questioning him:
Q: Well, that’s what I’m driving at. Perhaps you can address that question specifically, which is this: is there a scriptural basis to that policy or practice, being not to report child sexual abuse allegations to the authorities unless required by law to do so?
Jackson: Thank you for the opportunity to explain this. I think very clearly Mr Toole pointed out that if the Australian Government, in all the States, was to make mandatory reporting, it would make it so much easier for us. But, let’s say, the spiritual dilemma that an elder has is to consider how did he get the information that he has been told? Now, there is a scriptural principle in the 22 book of Proverbs, chapter 25 ‐ and I’m not saying, Mr Stewart, that any one of these principles takes precedence, but it is something that the elder would need to take into consideration.
So Proverbs 25 verses 8 26 through 10. That’s on page 905: “Do not rush into a legal dispute, for what will you do later if your neighbour humiliates you? Plead your case with your neighbour, but do not reveal what you were told confidentially, so that the one listening will not put you to shame and you spread a bad report that cannot be recalled.”
Now, I’m not saying, Mr Stewart, this is the only factor, but it is one factor that all ministers of religion have grappled with when it comes to an issue such as this.
He also quotes from Peter, arguing that it’s up to adult victims to decide whether they want to report (and conveniently skirting the whole question of child victims and what one should do about them). He says the family “guardian,” in the event that they’re not the perpetrator of the abuse, has the right to decide whether or not to report.
The second issue is that elders are told, as is mentioned in 1 Peter, chapter 5, page 1625, verses 2 and 43 — do you have that, Mr Stewart?
Q. I do?
A. Yes: “Shepherd the flock of God under your care, serving as overseers, not under compulsion, but willingly before God; not for love of dishonest gain, but eagerly ‐‐and then this is the point ‐‐not lording it over those who are God’s inheritance, but becoming examples to the flock.”
The point being, here, another aspect that an elder needs to consider is he does not have the authority to lord it over or take over control of a family arrangement, where a person ‐ let’s say it is a victim who is 24 or 25 years of age ‐ has a right to decide whether or not they will report that incident. They also respect the family arrangement that the appointed guardian, who is not the perpetrator, has a certain right, too. So this is the spiritual dilemma that we have, because at the same time, we want to make sure that children are cared for.
So if the government does happen to make mandatory reporting, that will make this dilemma so much easier for us, because we all want the same goal, that children will be cared for properly.
In other words, “We would have reported sexual abuse, if you’d just told us we had to.”
Stewart also asked Jackson about cases where a child reports being abused by her father, asking if he understood that other children in the family could be at risk. “And by not reporting to the authorities, is the case not that the confidentiality of the one who reported is regarded as being more important than to protect those who are still at risk?”
Again, for Jackson, many knotty spiritual dilemmas from saying that yes, that abuse should be reported, but he’ll allow that families should be “encouraged” to report:
No, Mr Stewart, if I could just ‐ what I’m trying to highlight is there are several factors that make it hard for a minister of religion to make a clear‐cut or quick decision on this matter. Obviously, I think, again, what has been highlighted to the Commission, the elders should encourage the guardian of the child, or whoever is in that family arrangement that is not the perpetrator, to notify the authorities.
Jackson also says the “two witnesses” rule used in the Witnesses’ in-house judicial hearings has a spiritual basis, but insisted that it hasn’t prevented children who are being abused from being protected by the church:
Our literature has said, and we agree, that in most cases with children, with child abuse, they are telling the truth. That is an established thing. They are not making up these stories. So, immediately, the elders would put into place protection measures to help, to make sure that the family cares for the child and that due steps are taken to protect the child.
But he says, too, that judicial hearings are to determine whether someone has committed a sin serious enough to disfellowship them — excommunicating them from the religion. Child abuse is evidently not quite that serious, not always:
The judicial hearing is simply us determining whether a person, the perpetrator, has committed a sin that would warrant them being put out of the congregation. But that doesn’t mean to say we are stupid and that we think that someone hasn’t done something.
Stewart dryly points out that the Bible says that a man who rapes a woman in a field — a situation in which she is the only witness — should be stoned to death.
“Is the scriptural basis ‐ and you are the scholar, I’m not ‐ to the two‐witness rule really so solid,” he asks Jackson. “Or is there not space for your Governing Body to recognise that in cases of sexual abuse it need not apply?”
Jackson responds that in some cases — which cases, exactly, it’s still not quite clear — the victim can also be considered a witness.
Jackson also testified that while there haven’t been any particular discussion among church leadership about apologizing to victims of sexual abuse, it’s “perceivable” that they might consider doing so. He was a little vaguer on the point of whether they’d pay compensation to those victims:
Well, let me say, there are many schemes that we’ve had with regard to humanitarian areas, like flood victims, and so on. I know this is not related, I’m just explaining. The Governing Body is happy for our organisation to spend money helping persons ‐ how much more so someone who has been traumatised or affected in a bad way.
Terrence O’Brien, another senior church official in the Australian JW chapter, promised the commission on August 5 that the church will “review” its approach to sexual abuse allegations.
Full article: http://jezebel.com/jehovahs-witness-leader-theres-a-spiritual-dilemma-in-1724774229?utm_campaign=socialflow_jezebel_facebook&utm_source=jezebel_facebook&utm_medium=socialflow
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 Reform2015-08-20 01:59:122015-08-20 01:59:12Anna Merlan, Jehovah's Witness Leader: There's a 'Spiritual Dilemma' in Reporting Sexual Abuse, Jezebel
MaleSurvivor stands with Fred Marigliano and supports his Walk to End SOL events in New Jersey planned for September 2015. I know Fred personally and his passion and drive to reform the Statute of Limitation in New Jersey and elsewhere is remarkable. Currently in NJ there are thousands of victims of sexual abuse that the law bars from gaining access to justice and shield perpetrators and the institutions that protect them from being held accountable. Fred’s tireless advocacy efforts to raise awareness and to demand change is empowering survivors and educating the public at large.
As a survivor who grew up in Mahwah, NJ Fred’s work has a special meaning for me. Even if I had conclusive proof and a confession from the man who raped me as a child, I would not be able to have him held accountable for his crimes against me because the statute of limitations has long passed. As the leader of MaleSurvivor, the nation’s pre-eminent advocacy organization for male survivors of sexual abuse I have heard from countless survivors how needlessly harmful restrictive SOL’s are. I have also spoken with many prosecutors and child abuse prevention professionals who find their ability to investigate and prosecute serial perpetrators hampered by these SOL’s.
The time to eliminate the Statute of Limitations in New Jersey is now. This vital reform is long overdue. Even today there are perpetrators stalking and harming countless children in New Jersey and elsewhere. SOL reform is a critical step that the public needs in order to better protect children from being harmed. It will also empower survivors to come forward, break their silence, and get the support they so desperately need.
I hope you will join Fred and his other partners in this vitally important event.
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 Reform2015-08-20 01:06:322015-08-20 01:06:32MaleSurvivor supports Fred's historic walk to end NJ SOLs
Jared Fogle, the former Subway pitchman, is expected to admit that he paid for sex with two minors and participated in a scheme that secretly recorded 12 other children engaging in sexual acts.
As part of a deal cut with prosecutors, Fogle is expected to plead guilty to two federal counts stemming from the actions: the first that he distributed and received child pornography, and the second that he traveled across state lines and then paid for sex with two children.
The details of his alleged crimes are contained in documents filed on Wednesday with the U.S. District Court for the Southern District of Indiana. According to the details of the plea deal, prosecutors will ask for a sentence of no more than about 12 years. Lawyers for Fogle have agreed to ask for no less than five years. The judge who handles the case does not have to abide by that agreement and statutorily, the judge can sentence Fogle to up to 50 years in prison.
The documents charge that Russell Taylor, 43, who ran Fogle’s charitable foundation, recorded child porn and then shared it with Fogle.
Fogle, the documents charge, “knew that the minors depicted in these images or videos were under the age of 18 years, including minors as young as approximately 13-14 years.”
What’s more, the documents charge, Fogle knew some of the children by name and in some conversations with Taylor, Fogle “made comments approving of this activity.”
In November 2012, the documents charge, Fogle paid for sex with a 17-year-old at the Plaza Hotel in New York City. In January 2013, according to the documents, Fogle paid for sex with another 17-year-old at the Ritz Carlton in New York City.
As we’ve reported: “Fogle, 37, came to national attention in 2000 by losing nearly 250 pounds, in part, by eating Subway sandwiches. He began appearing in Subway ads that year and became known as the ‘Subway guy.'”
Subway suspended ties with Fogle in July after authorities raided his home in Indianapolis. Monday, the sandwich chain tweeted: “We no longer have a relationship with Jared and have no further comment.”
Update at 12:52 p.m. ET. Fogle Agrees To Plea:
Fogle has now formally agreed to the terms of the plea deal filed with the court.
At a press conference, prosecutors said investigators combed through tens of thousands of emails, text messages and images. They said that Fogle will likely serve between five and 12 years in prison.
Jeremy Margolis, Fogle’s attorney, said when Fogle pleads guilty he will have taken responsibility for his actions.
Fogle, Margolis said, “expects to go to prison” and “expects to make amends.”
As part of the deal, Fogle agreed to pay each of his victims $100,000 for a total of $1.4 million.
In a written statement, Margolis added: “Jared understands that he has hurt innocent people, vulnerable people, and his family. He has expressed remorse to me and to his loved ones, and will, when given the opportunity, express that remorse to this court and to the people he has harmed. His intent is to spend the rest of his life making amends.”
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 Reform2015-08-20 01:02:172015-08-20 01:02:17Eyder Peralta, Ex-Subway Pitchman Jared Fogle To Plead Guilty To Paying For Sex With Minors, NPR
Below is information about a press conference on Thursday at 1 pm regarding the first lawsuit under the Georgia Hidden Predator Act that might be of interest. See below.
MEDIA ADVISORY
A press conference will be held to announce the filing of the first lawsuit under the Georgia Hidden Predator Act. Copies of the Complaint will be available at the press conference.
New law allows sex assault charges against Coastal Georgia taekwondo instructor, Savannah Morning News
/in Florida, Georgia /by SOL ReformState Representative Jason Spencer (R-Woodbine) today announced that the first civil claim was filed in Camden County Superior Court on August 20, 2015 using the new Georgia Hidden Predator Act. Sponsored by Rep. Spencer during the 2015 legislative session, the law became effective July 1 and changes Georgia’s statute of limitations for child sexual abuse cases.
“The purpose of the Hidden Predator Act was to open halls of justice, and the courthouse doors are now unlocked” said Rep. Spencer.
“For too long, our laws protected pedophiles and the institutions that harbored them. The Hidden Predator Act empowers the victims to confront their perpetrators and their accomplices in the court room. When victims come forward, this law will expose these child sexual predators in the communities where they are hiding and enhance child protections. My hope is that this law will be used in an appropriate manner to serve justice to those who, in the past, were being denied.”
The civil suit, filed on behalf of seven men from Kingsland, Georgia, who are now suing their former Taekwondo coach, claims that the men were sexually assaulted by their coach when they were in their teens.
Previously, criminal charges could not be filed in this case because the statute of limitations had run out for all of these victims. This suit is the first of its kind in the state since the law changed on July 1, 2015 with the passage of the Hidden Predator Act by the Georgia General Assembly.
“Thanks to the hard work of Jason Spencer and survivor Justin Conway and many other advocates, Georgia moved from being one of the worst states for access to justice for child sex abuse victims to one of the better states,” said Marci Hamilton, professor at Benjamin N. Cardozo School of Law.
“The first Hidden Predator Act lawsuit filed for 7 men abused by their taekwondo instructor and endangered by the negligence of major organizations like the AAU was only possible due to the passage of the HPA. This is the start of a new era of child protection for Georgia.”
The Hidden Predator Act changes the statute of limitations for civil claims arising from childhood sexual abuse in Georgia. Under the new law, a plaintiff must file a cause of action by the age of 23, or within two years from the date he or she knew or had reason to know of the abuse and the injury caused from the abuse, which must be verified by medical or psychological evidence.
The Act also provides a two-year retroactive civil suit window after July 1, 2015: A plaintiff who was barred from bringing a suit due to the expiration of the statute of limitations period that was previously in effect has two years to file a suit against an individual who allegedly committed the abuse. Unless the new statute of limitations period for childhood sexual abuse applies, a plaintiff who was under 18 when the cause of action occurs now has the same amount of time allowed by the statute of limitations to bring a suit after he or she turns 18. Additionally, the Act allows a plaintiff who is suing for childhood sexual abuse to access records and reports concerning the abuse case that state or local governments possess.
Full article: http://m.savannahnow.com/news/2015-08-21/new-law-allows-sex-assault-charges-against-coastal-georgia-taekwondo-instructor#gsc.tab=0
PRESS RELEASE: Georgia Passed Hidden Predator Act
/in Florida, Georgia /by SOL ReformFirst Lawsuit Under the Georgia Hidden Predator Act
Against Amateur Athletic Union (AAU), Paks Karate,
and Craig Peeples
Atlanta, Aug. 20, 2015 – A press conference was held today to announce the filing of a civil lawsuit on behalf of seven victims of karate instructor Craig Peeples. Leading national lawyer and advocate for child sex abuse victims, Marci A. Hamilton, Esq., and Robert Friedman, Esq., King & Spalding litigation partner in Atlanta, GA, addressed the media about the first lawsuit to be filed under the Georgia Hidden Predator Act.
Six of the men were the subject of a 2014 Georgia Bureau of Investigation (“GBI”) Report, which concluded that the six men had leveled credible charges of serious child sex abuse against Peeples, but the criminal statute of limitations had run, and, therefore, prosecution was barred.
The GBI Report and the fact that the perpetrator continues to operate as a karate instructor, under the imprimatur of both the Amateur Athletic Union and Paks Karate, despite the credible allegations, prompted the passage of the Hidden Predator Act, which increased access to justice for Georgia’s child sex abuse victims to file civil claims.
All seven victims were present and unified in their determination to obtain justice and to stand with all child sex abuse victims against the crimes perpetrated against them.
Attorney Bios
Marci Hamilton
Marci Hamilton is one of the United States’ leading experts on child sex abuse in institutions and on access to justice for child sex abuse victims. Professor Hamilton is a Senior Fellow at the University of Pennsylvania, Fox Leadership Program, Philadelphia, PA, and holds the Paul R. Verkuil Chair in Public Law at the Benjamin N. Cardozo School of Law, Yeshiva University. She is a prolific author on the plight of child sex abuse victims in the legal system, including Justice Denied: What America Must Do to Protect Its Children (Cambridge University Press 2012). Professor Hamilton is a graduate of Vanderbilt University and received her law degree from the University of Pennsylvania Law School. She clerked for Justice Sandra Day O’Connor of the United States Supreme Court.
Robert Friedman
Robert Friedman is a partner with King & Spalding’s Tort Litigation Practice in the firm’s Atlanta office, where he represents foreign and domestic companies in high exposure product liability, personal injury, and commercial cases across the country.
James Vines
James Vines is a partner with King & Spalding in the firm’s Atlanta office. He previously served as United States Attorney and in that role indicted and prosecuted numerous cases of child pornography and sex trafficking. Following law school, he was a law clerk for Hon. William H. Rehnquist, Chief Justice, United States Supreme Court.
About King & Spalding
Celebrating more than 125 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 800 lawyers in 17 offices in the United States, Europe, the Middle East and Asia. The firm has handled matters in over 160 countries on six continents and is consistently recognized for the results it obtains, uncompromising commitment to quality, and dedication to understanding the business and culture of its clients. More information is available at www.kslaw.com.
Contact:
Marci A. Hamilton
Professor at Benjamin N. Cardozo School of Law
Hamilton.marci@gmail.com
215-353-8984
Micheline Tang
King & Spalding
mtang@kslaw.com
212-556-2301
Anna Merlan, Jehovah’s Witness Leader: There’s a ‘Spiritual Dilemma’ in Reporting Sexual Abuse, Jezebel
/in Uncategorized /by SOL ReformSince 2013, Australia’s Royal Commission into Institutional Responses to Childhood Sexual Abuse has been investigating how institutions like schools and churches respond to allegations of sexual crimes against children. The commission is now questioning members of the Jehovah’s Witnesses, finding that there have been 1,006 reports of sexual abuse made to church leadership between 1950 and 2014. On August 15, a leader in the church testified that there are certain “spiritual” reasons why victims are deterred from reporting their assaults to police.
Both victims and church elders have been testifying before the commission since late July, with several women testifying that they were dissuaded from reporting their abuse to outside authorities and made to confront their abusers in internal proceedings before a committee of all-male elders. Victims were believed only if there were two or more witnesses to the abuse, or if the abuser willingly confessed.
The transcripts of the hearings have been made public, and they are harrowing to read. As Vice reported, one victim testified that she used to pray for Jehovah to put angels around her bed to keep her father from raping her. The same woman testified that her father quoted Scripture during the rapes, telling her it was her duty to be “obedient” to her.
On August 15, a senior church official, Geoffrey William Jackson, testified. Jackson, who was born in Australia but now lives in Brooklyn, did his best to explain why the church is so very reluctant to report sexual abuse allegations to the police. It’s all about Proverbs, you see.
Jackson’s testimony is, basically, that church leaders won’t report abuse unless they feel they’re required to do so by law. He said there is a “spiritual dilemma” at work that would keep them from reporting. Here’s the exchange between him and Angus Stewart, the attorney questioning him:
He also quotes from Peter, arguing that it’s up to adult victims to decide whether they want to report (and conveniently skirting the whole question of child victims and what one should do about them). He says the family “guardian,” in the event that they’re not the perpetrator of the abuse, has the right to decide whether or not to report.
In other words, “We would have reported sexual abuse, if you’d just told us we had to.”
Stewart also asked Jackson about cases where a child reports being abused by her father, asking if he understood that other children in the family could be at risk. “And by not reporting to the authorities, is the case not that the confidentiality of the one who reported is regarded as being more important than to protect those who are still at risk?”
Again, for Jackson, many knotty spiritual dilemmas from saying that yes, that abuse should be reported, but he’ll allow that families should be “encouraged” to report:
Jackson also says the “two witnesses” rule used in the Witnesses’ in-house judicial hearings has a spiritual basis, but insisted that it hasn’t prevented children who are being abused from being protected by the church:
But he says, too, that judicial hearings are to determine whether someone has committed a sin serious enough to disfellowship them — excommunicating them from the religion. Child abuse is evidently not quite that serious, not always:
Stewart dryly points out that the Bible says that a man who rapes a woman in a field — a situation in which she is the only witness — should be stoned to death.
“Is the scriptural basis ‐ and you are the scholar, I’m not ‐ to the two‐witness rule really so solid,” he asks Jackson. “Or is there not space for your Governing Body to recognise that in cases of sexual abuse it need not apply?”
Jackson responds that in some cases — which cases, exactly, it’s still not quite clear — the victim can also be considered a witness.
Jackson also testified that while there haven’t been any particular discussion among church leadership about apologizing to victims of sexual abuse, it’s “perceivable” that they might consider doing so. He was a little vaguer on the point of whether they’d pay compensation to those victims:
Terrence O’Brien, another senior church official in the Australian JW chapter, promised the commission on August 5 that the church will “review” its approach to sexual abuse allegations.
Full article: http://jezebel.com/jehovahs-witness-leader-theres-a-spiritual-dilemma-in-1724774229?utm_campaign=socialflow_jezebel_facebook&utm_source=jezebel_facebook&utm_medium=socialflow
MaleSurvivor supports Fred’s historic walk to end NJ SOLs
/in New Jersey /by SOL ReformAugust 18, 2015
To Whom It May Concern:
MaleSurvivor stands with Fred Marigliano and supports his Walk to End SOL events in New Jersey planned for September 2015. I know Fred personally and his passion and drive to reform the Statute of Limitation in New Jersey and elsewhere is remarkable. Currently in NJ there are thousands of victims of sexual abuse that the law bars from gaining access to justice and shield perpetrators and the institutions that protect them from being held accountable. Fred’s tireless advocacy efforts to raise awareness and to demand change is empowering survivors and educating the public at large.
As a survivor who grew up in Mahwah, NJ Fred’s work has a special meaning for me. Even if I had conclusive proof and a confession from the man who raped me as a child, I would not be able to have him held accountable for his crimes against me because the statute of limitations has long passed. As the leader of MaleSurvivor, the nation’s pre-eminent advocacy organization for male survivors of sexual abuse I have heard from countless survivors how needlessly harmful restrictive SOL’s are. I have also spoken with many prosecutors and child abuse prevention professionals who find their ability to investigate and prosecute serial perpetrators hampered by these SOL’s.
The time to eliminate the Statute of Limitations in New Jersey is now. This vital reform is long overdue. Even today there are perpetrators stalking and harming countless children in New Jersey and elsewhere. SOL reform is a critical step that the public needs in order to better protect children from being harmed. It will also empower survivors to come forward, break their silence, and get the support they so desperately need.
I hope you will join Fred and his other partners in this vitally important event.
Sincerely,
Christopher Anderson, Executive Director
Marigliano support 8 15
Eyder Peralta, Ex-Subway Pitchman Jared Fogle To Plead Guilty To Paying For Sex With Minors, NPR
/in Uncategorized /by SOL ReformJared Fogle, the former Subway pitchman, is expected to admit that he paid for sex with two minors and participated in a scheme that secretly recorded 12 other children engaging in sexual acts.
As part of a deal cut with prosecutors, Fogle is expected to plead guilty to two federal counts stemming from the actions: the first that he distributed and received child pornography, and the second that he traveled across state lines and then paid for sex with two children.
The details of his alleged crimes are contained in documents filed on Wednesday with the U.S. District Court for the Southern District of Indiana. According to the details of the plea deal, prosecutors will ask for a sentence of no more than about 12 years. Lawyers for Fogle have agreed to ask for no less than five years. The judge who handles the case does not have to abide by that agreement and statutorily, the judge can sentence Fogle to up to 50 years in prison.
The documents charge that Russell Taylor, 43, who ran Fogle’s charitable foundation, recorded child porn and then shared it with Fogle.
Fogle, the documents charge, “knew that the minors depicted in these images or videos were under the age of 18 years, including minors as young as approximately 13-14 years.”
What’s more, the documents charge, Fogle knew some of the children by name and in some conversations with Taylor, Fogle “made comments approving of this activity.”
In November 2012, the documents charge, Fogle paid for sex with a 17-year-old at the Plaza Hotel in New York City. In January 2013, according to the documents, Fogle paid for sex with another 17-year-old at the Ritz Carlton in New York City.
As we’ve reported: “Fogle, 37, came to national attention in 2000 by losing nearly 250 pounds, in part, by eating Subway sandwiches. He began appearing in Subway ads that year and became known as the ‘Subway guy.'”
Subway suspended ties with Fogle in July after authorities raided his home in Indianapolis. Monday, the sandwich chain tweeted: “We no longer have a relationship with Jared and have no further comment.”
Update at 12:52 p.m. ET. Fogle Agrees To Plea:
Fogle has now formally agreed to the terms of the plea deal filed with the court.
At a press conference, prosecutors said investigators combed through tens of thousands of emails, text messages and images. They said that Fogle will likely serve between five and 12 years in prison.
Jeremy Margolis, Fogle’s attorney, said when Fogle pleads guilty he will have taken responsibility for his actions.
Fogle, Margolis said, “expects to go to prison” and “expects to make amends.”
As part of the deal, Fogle agreed to pay each of his victims $100,000 for a total of $1.4 million.
In a written statement, Margolis added: “Jared understands that he has hurt innocent people, vulnerable people, and his family. He has expressed remorse to me and to his loved ones, and will, when given the opportunity, express that remorse to this court and to the people he has harmed. His intent is to spend the rest of his life making amends.”
Ex-Subway Pitchman Jared Fogle To Plead Guilty To Paying For Sex With Minors _ The Two-Way _ NPR
Press Conference: Thursday, August 20th, 1pm – Georgia Hidden Predator Act
/in Georgia /by SOL ReformBelow is information about a press conference on Thursday at 1 pm regarding the first lawsuit under the Georgia Hidden Predator Act that might be of interest. See below.
MEDIA ADVISORY
A press conference will be held to announce the filing of the first lawsuit under the Georgia Hidden Predator Act. Copies of the Complaint will be available at the press conference.
WHEN: Thursday, August 20, 2015, at 1:00 pm
WHERE: In person: Hyatt Regency Jacksonville
City Terrace 12, 3rd Floor
225 East Coastline Drive
Jacksonville, Florida, USA, 32202
Dial-in: US Toll: 719-955-0534
US Toll free: 877-699-4799
Passcode: 483065
All callers will be in listen-only mode.
WHO: Marci A. Hamilton, Esq.
Professor at Benjamin N. Cardozo School of Law
Child Abuse Advocate
Robert Friedman, Esq.
King and Spalding
Seven Plaintiffs
Contact:
Marci A. Hamilton
Professor at Benjamin N. Cardozo School of Law
Hamilton.marci@gmail.com
215-353-8984
Micheline Tang
King & Spalding
mtang@kslaw.com
212-556-2301