Statement by Barbara Dorris of St. Louis, Outreach Director of SNAP, the Survivors Network of those Abused by Priests (314-503-0003, SNAPdorris@gmail.com):
Could Philadelphia Archbishop Charles Chaput possibly be more vague about the latest priest he’s suspended?
Chaput claims the accusations against Fr. Louis J. Kolenkiewicz don’t involve “illegal or inappropriate contact with a minor,” but the Philadelphia Inquirer reports that church officials say he violated “standards regarding the boundaries of appropriate behavior for interacting with children and young people.”
Why can’t Chaput honor his pledges to be open about abuse cases? Why can’t he just tell parents and the public what the allegations against Fr. Kolenkiewicz are?
This case shows why so few have faith in Catholic officials to handle suspected cases of child sexual abuse, adult sexual exploitation or other clergy sexual misdeeds.
We suspect that Fr. Kolenkiewicz is being suspended now because Chaput realizes that he has little choice. Even now, Catholic officials often desperately cling to sexually troubled priests until too many victims or too much evidence emerges and they’re forced to eventually oust such clerics.
If Chaput would disclose “He’s accused of taking inappropriate pictures of girls,” then parents could ask their daughters “Did Father ever take a photo of you?” If Chaput would say “He’s accused of kissing boys on the mouth,” then parents could ask their sons “Did Father ever give you a kiss?” But because of Chaput’s continued secrecy, it may be tough for kids to understand if mom or dad asks them “Did Father ever violate the archdiocesan standards of appropriate conduct?”
Chaput claims that church officials made “announcements” about this suspension at Father Kolenkiewicz’s most recent assignment.” That’s not enough.
Starting this Sunday, Chaput should personally visit each church where Fr. Kolenkiewicz worked. He should emphatically beg church staff and members to reach out to anyone who might have knowledge or suspicions about wrongdoing by Fr. Kolenkiewicz. He should go beyond a one-time verbal mass announcement, and print explicit notices in church bulletins, parish websites and the archdiocesan website. We’re dealing with a centuries-old culture and climate of secrecy around clergy sex crimes in the church. It won’t change overnight. And it won’t change with a short, vague, carefully-crafted news release ddrafted by Chaput’s defense lawyers and public relations professionals.
All across the world, we see priests being suspended because of alleged “boundary violations” or “inappropriate conduct” and later, they’re charged with serious crimes. Chaput needs to take action to help bring forward others who may have seen, suspected or suffered crimes by this cleric.
(SNAP, the Survivors Network of those Abused by Priests, is the world’s oldest and largest support group for clergy abuse victims. We were founded in 1988 and have more than 20,000 members. Despite the word “priest” in our title, we have members who were molested by religious figures of all denominations, including nuns, rabbis, bishops, and Protestant ministers. Our website is SNAPnetwork.org)
STATEMENT REGARDING
REVEREND LOUIS J. KOLENKIEWICZ
Today’s Announcement
Father Louis J. Kolenkiewicz has been placed on administrative leave by Archbishop Chaput in response to concerns regarding his suitability for ministry. These concerns do not involve allegations of illegal or inappropriate contact with a minor, but constitute alleged violations of The Standards of Ministerial Behavior and Boundaries.
Additionally, they do not relate to his most recent assignment at Saint Bede the Venerable Parish in Holland (Bucks County), where he is no longer residing, but instead to an issue that first arose in 2005 and that was fully reviewed by law enforcement then and again in 2011. Additional information concerning these same allegations has been received by the Archdiocese, requiring that the matter be reviewed again. In an abundance of caution, Father Kolenkiewicz has been placed on administrative leave.
While on administrative leave, he is not permitted to exercise public ministry, administer any of the Sacraments, or present himself publicly as a member of the clergy. Announcements regarding this matter were made at all weekend Masses at Father Kolenkiewicz’s most recent assignment and counselors were made available to parishioners.
Background Information
Following the 2011 Grand Jury Report, the Archdiocese conducted a broad review of clergy personnel files. As a result of that review, Father Kolenkiewicz was previously placed on administrative leave in September 2011 in response to possible concerns regarding his suitability for ministry at that time related to alleged violations of The Standards of Ministerial Behavior and Boundaries that dated to 2005. Announcements were made at the parish where he was then serving.
His file, like those of all priests placed on administrative leave as part of that review process, was shared with law enforcement and no criminal charges resulted. At that point, an internal investigation was conducted by the Archdiocesan Office of Investigations. The results of this process were submitted to the Archdiocesan Professional Responsibility Review Board (APRRB). The APRRB is comprised of twelve men and women, both Catholic and non-Catholic, with extensive professional backgrounds in the investigation and treatment of child sexual abuse. It functions as a confidential advisory committee to the Archbishop, which assesses allegations of sexual abuse as well as allegations of violations of The Standards of Ministerial Behavior and Boundaries. This body thoroughly reviewed the matter and provided a recommendation to the Archbishop, who made the decision to return Father Kolenkiewicz to active ministry in June 2014.
Biographical Information on Reverend Louis J. Kolenkiewicz
Father Kolenkiewicz is 47 years old. He was ordained in 1993. He has served at the following parishes in the Archdiocese of Philadelphia: Saint Gabriel Norwood, (1993-1994); Saint John Bosco, Hatboro (1994-2002); Saint Ignatius, Yardley (2002-2004); Saint Bede the Venerable, Holland (2004-2008); Our Lady of Peace, Milmont Park (2008-2011); administrative leave (2011-2014); Saint Bede the Venerable, Holland (2014-2015); administrative leave (2015).
To Make a Report
If you would like to report a violation of The Standards of Ministerial Behavior and Boundaries, contact the Archdiocesan Office for Investigations at 1-888-930-9010.
###
Contact
Kenneth A. Gavin
Director of Communications
215-587-3747
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 Reform2015-02-16 19:18:482015-02-16 19:18:48Archdiocese of Philadelphia: STATEMENT REGARDING REVEREND LOUIS J. KOLENKIEWICZ
The head rabbi of Melbourne’s Yeshivah Centre has told the royal commission into child sexual abuse he believes a gay person can be “cured” by therapy, like a paedophile.
Rabbi Zvi Telsner told the commission he believed there was a possibility paedophiles could be cured by counselling and spiritual guidance.
When asked if therapy could do the same for someone who is gay, he replied: “I would say the same thing can happen to someone who is gay, I would suspect. There is a possibility, I’m not discounting that”.
Rabbi Telsner said therapy could help paedophiles change their behaviour.
“There’s a certain belief that if someone for example after 20 or 25 years has not committed any offences, and all of this time has gone to therapy, there would be a good possibility that person may have been able to change his way of life,” he said.
“If you see that over the last 20-odd years the person has been able to control themselves being amongst children, there would be a possibility that he is in control of himself.”
Rabbi denies besmirching child abuse victims
The Royal Commission into Institutional Child Sexual Abuse is examining how Jewish schools in Melbourne and Sydney have handled allegations of child sexual abuse since the 1980s.
Last week, the inquiry heard Melbourne’s Yeshivah Centre tried to “cure” serial sex offender David Cyprys and continued to employ him more than 20 years after victims reported he had sexually abused them.
Rabbi Telsner denied besmirching victims of child sexual abuse in two sermons he delivered in 2011.
The sermons were allegedly directed at a victim who gave evidence to the inquiry under the alias, AVB, and whistleblower Manny Waks.
Both said they and their families had been shunned and subjected to ongoing bullying and intimidation for speaking out.
Rabbi Telsner accepted he could have corrected misconceptions about his preaching four years ago, after being accused of standing by and letting them fester.
“I don’t believe it was in the wake of my sermons, and if any of my sermons caused them to believe that, I apologise profusely and regret that anyone took that message that I was meaning them,” he said.
The Rabbi denied starting a community campaign to shun those who spoke out, but accepted he was complicit because he did not preach against it.
AVB was sexually assaulted at the age of 10 by convicted child abusers Daniel Hayman and David Cyprys in the 1980s, but he remained silent for 20 years.
Manny Waks went public in 2011 with allegations he was repeatedly sexual abused as a boy at Yeshivah College and accusations of a cover-up.
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 Reform2015-02-14 00:26:072015-02-14 00:26:07Jean Edwards, Royal commission into child abuse: Gay people can be 'cured by therapy' like paedophiles, rabbi says, ABC AU
SUBJECT: February 2015 Update – Making CVA the Law in New York State
The New York State Legislature has started a new session with many newly-elected Members in the Assembly and new leadership in the office of the Speaker. Educating them about the issue of child sexual abuse and its damaging impact on survivors and society is a high priority for me over the coming months.
As we learned last year, New York State currently ranks among the very worst of all states in America in how it deals with child sexual abuse crimes. It is the victims who suffer most as a result of our state’s archaic statute of limitations law (SOL) for these offenses and future generations of children are at risk as pedophiles are hidden and go unpunished for their crimes.
Following is an update about current legislative activity in Albany to remedy this deplorable situation by reforming our statute of limitations by making the Child Victims Act the law in New York State. (See the story about the 2015 initiative for CVA that appeared in the Albany Times-Union, attached here.)
IN THE NEW YORK STATE ASSEMBLY: With the beginning of a new legislative term, the Child Victims Act has a new Assembly bill number this year: A2872. The provisions of the bill remain the same as previously, calling for complete elimination of the criminal and civil statute of limitations for child sexual abuse crimes in the future, with a complete one year suspension of the civil SOL to benefit older victims. Even this early in the session, I am pleased that 52 co-sponsors have already joined me on the bill – that is more than one third of the total Assembly membership. As I meet with my colleagues to educate them about CVA and the importance of the bill, and as you continue to reach out to your own Assembly members, I believe we are certain to attract additional co-sponsors over the coming weeks. I am hopeful for an Assembly vote on A2872 this spring.
IN THE NEW YORK STATE SENATE: There is also a new Senate bill number for the Child Victims Act: S63. Senator Brad Hoylman is the prime sponsor and he is moving vigorously to bring new co-sponsors to the bill. One new addition to that list, Senator Marc Panepinto of Buffalo, just announced his support for CVA last week to welcome media attention at home and in Albany. See some of the coverage attached here.
SAVE THE DATE APRIL 22 FOR ALBANY LOBBY DAY:Wednesday, April 22 will be Lobby Day for CVA in Albany. More details about programming will be available shortly, but in addition to your personal visits to individual legislators, I also want us to educate all of Albany about the issue of childhood sexual abuse and its consequences. Groups supporting CVA and other organizations concerned about the issue are invited to set up educational displays in a reserved public area of the State Legislative Office Building on that date to get out their message. We will have more information about displays and exhibits soon, so if you are interested, please send me a letter or email now to tell me about your group and the nature of your display.
I want to thank all those individuals and organizations who have worked so hard over many years on behalf of the Child Victims Act. This SOL reform bill is similar to other ground-breaking legislative initiatives that have eventually overcome entrenched opposition to become law. It is your persistent voices that will ultimately prevail as you continue to point out the injustice of current law and the damaging effect it has on survivors of child sexual abuse as well as on our society.
Look for new updates over the coming weeks and please keep in touch with our current activity on the CVA link on my New York State Assembly website. As always, please also stay in touch with my office and let us know how you can help.
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 Reform2015-02-13 23:44:192015-02-13 23:44:19Update on Drive for Child Victims Act of NY
Last December, Utah Political Capitol reported on Representative Ken Ivory (Republican – West Jordan) appearing to pass legislation that focused on preventing childhood sexual abuse which would simultaneously benefit himself and his wife.
For this reason, it is only natural that we add extra scrutiny when reviewing Ivory’s HB 277 – Statute of Limitations for Civil Action, which would remove the statue of limitations for civil cases of sexual abuse .
Currently, under Utah law, if a person discovers childhood sexual abuse after turning 18, that individual has only four years to bring suit against the perpetrator before the civil (as opposed to criminal) statute of limitation expires – sometimes making it difficult for people to seek justice beyond a criminal sentencing.
Ivory, with HB 277, is removing the four year limitation – allowing anyone, at any time, to bring civil suit against an individual regardless of timelines. If you were abused when you were 4, found out about it at 23, and brought suit at 42, it would be allowed under Ivory’s bill.
To contact Representative Ivory, click here or call 801-694-8380.
Yesterday (Feb. 11), the United States Senate passed the Amy and Vicky Act 98-0. Senators Grassley, Hatch, and Schumer gave amazing floor speeches.
About the AVA – S.295 / H.R.595
A federal statute (18 U.S.C. §2259) requires that, in child sexual exploitation cases, a defendant must pay restitution for “the full amount of the victim’s losses.” That works for crimes in which a defendant directly causes specific harm to a victim, but child pornography crimes are different. A child pornography victim is harmed by the initial abuse, then harmed by the distribution and possession of images of that abuse.
The Supreme Court has recognized that victims are harmed by the ongoing “trade” and “the continuing traffic” in child sex abuse images. “In a sense,” the Court said, “every viewing of child pornography is a repetition of the victim’s abuse.” On the Internet, that abuse never ends.
Each step in the child pornography process—production, distribution, and possession—increases the harm to a victim but makes it more difficult to identify those responsible. Victims of this kind of crime are especially in need of restitution to help put their lives back together. Meeting that challenge is the purpose of the Amy and Vicky Child Pornography Restitution Improvement Act of 2015.
“Amy” and “Vicky” are the victims in two of the most widely-distributed child pornography series in the world. On April 23, 2014, in Paroline v. United States, which reviewed Amy’s case, the Supreme Court found that the existing restitution statute is not suited for cases like theirs because it requires proving the impossible: how one person’s possession of particular images concretely harmed an individual victim. That standard puts the burden on victims to forever chase defendants and recover next to nothing.
The Amy and Vicky Act creates an effective, balanced mandatory restitution process for victims of child pornography that responds to the Supreme Court’s decision in Paroline v. United States. It does three things that reflect the nature of these crimes.
First, it considers the total harm to the victim, including from persons who may not yet have been identified.
Second, it requires real and timely restitution.
Third, it allows defendants who have contributed to the same victim’s harm to spread the restitution cost among themselves.
A victim’s losses include medical services, therapy, rehabilitation, transportation, child care, and lost income
If a victim was harmed by a single defendant, the defendant must pay full restitution for all her losses
If a victim was harmed by multiple individuals, including those not yet identified, a judge can impose restitution on an individual defendant in two ways depending on the circumstances of the case
the defendant must pay “the full amount of the victim’s losses” or, if less than the full amount,
at least $250,000 for production, $150,000 for distribution, or $25,000 for possession
Federal law already provides a mechanism for creating a restitution payment schedule
Multiple defendants who have harmed the same victim and have paid at least those minimum amounts are jointly and severally liable and may sue each other for contribution to equalize the restitution cost (the Supreme Court said in Paroline that this is important)
Victims blast Archbishop for “continued secrecy”
/in Clergy Child Sex Abuse, Pennsylvania /by SOL ReformStatement by Barbara Dorris of St. Louis, Outreach Director of SNAP, the Survivors Network of those Abused by Priests (314-503-0003, SNAPdorris@gmail.com):
(SNAP, the Survivors Network of those Abused by Priests, is the world’s oldest and largest support group for clergy abuse victims. We were founded in 1988 and have more than 20,000 members. Despite the word “priest” in our title, we have members who were molested by religious figures of all denominations, including nuns, rabbis, bishops, and Protestant ministers. Our website is SNAPnetwork.org)
Contact – David Clohessy 314-566-9790, davidgclohessy@gmail.com, Barbara Dorris 314-503-0003, bdorris@SNAPnetwork.org, Barbara Blaine 312-399-4747, bblaine@SNAPnetwork.org
Archdiocese of Philadelphia: STATEMENT REGARDING REVEREND LOUIS J. KOLENKIEWICZ
/in Clergy Child Sex Abuse, Pennsylvania /by SOL ReformFebruary 15, 2015
REVEREND LOUIS J. KOLENKIEWICZ
Today’s Announcement
Father Louis J. Kolenkiewicz has been placed on administrative leave by Archbishop Chaput in response to concerns regarding his suitability for ministry. These concerns do not involve allegations of illegal or inappropriate contact with a minor, but constitute alleged violations of The Standards of Ministerial Behavior and Boundaries.
Additionally, they do not relate to his most recent assignment at Saint Bede the Venerable Parish in Holland (Bucks County), where he is no longer residing, but instead to an issue that first arose in 2005 and that was fully reviewed by law enforcement then and again in 2011. Additional information concerning these same allegations has been received by the Archdiocese, requiring that the matter be reviewed again. In an abundance of caution, Father Kolenkiewicz has been placed on administrative leave.
While on administrative leave, he is not permitted to exercise public ministry, administer any of the Sacraments, or present himself publicly as a member of the clergy. Announcements regarding this matter were made at all weekend Masses at Father Kolenkiewicz’s most recent assignment and counselors were made available to parishioners.
Background Information
Following the 2011 Grand Jury Report, the Archdiocese conducted a broad review of clergy personnel files. As a result of that review, Father Kolenkiewicz was previously placed on administrative leave in September 2011 in response to possible concerns regarding his suitability for ministry at that time related to alleged violations of The Standards of Ministerial Behavior and Boundaries that dated to 2005. Announcements were made at the parish where he was then serving.
His file, like those of all priests placed on administrative leave as part of that review process, was shared with law enforcement and no criminal charges resulted. At that point, an internal investigation was conducted by the Archdiocesan Office of Investigations. The results of this process were submitted to the Archdiocesan Professional Responsibility Review Board (APRRB). The APRRB is comprised of twelve men and women, both Catholic and non-Catholic, with extensive professional backgrounds in the investigation and treatment of child sexual abuse. It functions as a confidential advisory committee to the Archbishop, which assesses allegations of sexual abuse as well as allegations of violations of The Standards of Ministerial Behavior and Boundaries. This body thoroughly reviewed the matter and provided a recommendation to the Archbishop, who made the decision to return Father Kolenkiewicz to active ministry in June 2014.
Biographical Information on Reverend Louis J. Kolenkiewicz
Father Kolenkiewicz is 47 years old. He was ordained in 1993. He has served at the following parishes in the Archdiocese of Philadelphia: Saint Gabriel Norwood, (1993-1994); Saint John Bosco, Hatboro (1994-2002); Saint Ignatius, Yardley (2002-2004); Saint Bede the Venerable, Holland (2004-2008); Our Lady of Peace, Milmont Park (2008-2011); administrative leave (2011-2014); Saint Bede the Venerable, Holland (2014-2015); administrative leave (2015).
To Make a Report
If you would like to report a violation of The Standards of Ministerial Behavior and Boundaries, contact the Archdiocesan Office for Investigations at 1-888-930-9010.
Kenneth A. Gavin
Director of Communications
215-587-3747
http://archphila.org/press%20releases/pr002509.php
Jean Edwards, Royal commission into child abuse: Gay people can be ‘cured by therapy’ like paedophiles, rabbi says, ABC AU
/in Australia /by SOL Reformhttp://mobile.abc.net.au/news/ 2015-02-13/gay-people-can-be- cured-like-paedophiles-rabbi- tells-inquiry/6091006
The head rabbi of Melbourne’s Yeshivah Centre has told the royal commission into child sexual abuse he believes a gay person can be “cured” by therapy, like a paedophile.
Rabbi Zvi Telsner told the commission he believed there was a possibility paedophiles could be cured by counselling and spiritual guidance.
When asked if therapy could do the same for someone who is gay, he replied: “I would say the same thing can happen to someone who is gay, I would suspect. There is a possibility, I’m not discounting that”.
Rabbi Telsner said therapy could help paedophiles change their behaviour.
“There’s a certain belief that if someone for example after 20 or 25 years has not committed any offences, and all of this time has gone to therapy, there would be a good possibility that person may have been able to change his way of life,” he said.
“If you see that over the last 20-odd years the person has been able to control themselves being amongst children, there would be a possibility that he is in control of himself.”
Rabbi denies besmirching child abuse victims
The Royal Commission into Institutional Child Sexual Abuse is examining how Jewish schools in Melbourne and Sydney have handled allegations of child sexual abuse since the 1980s.
Last week, the inquiry heard Melbourne’s Yeshivah Centre tried to “cure” serial sex offender David Cyprys and continued to employ him more than 20 years after victims reported he had sexually abused them.
Rabbi Telsner denied besmirching victims of child sexual abuse in two sermons he delivered in 2011.
The sermons were allegedly directed at a victim who gave evidence to the inquiry under the alias, AVB, and whistleblower Manny Waks.
Both said they and their families had been shunned and subjected to ongoing bullying and intimidation for speaking out.
Rabbi Telsner accepted he could have corrected misconceptions about his preaching four years ago, after being accused of standing by and letting them fester.
“I don’t believe it was in the wake of my sermons, and if any of my sermons caused them to believe that, I apologise profusely and regret that anyone took that message that I was meaning them,” he said.
The Rabbi denied starting a community campaign to shun those who spoke out, but accepted he was complicit because he did not preach against it.
AVB was sexually assaulted at the age of 10 by convicted child abusers Daniel Hayman and David Cyprys in the 1980s, but he remained silent for 20 years.
Manny Waks went public in 2011 with allegations he was repeatedly sexual abused as a boy at Yeshivah College and accusations of a cover-up.
Update on Drive for Child Victims Act of NY
/in New York, NY Child Victims Act /by SOL ReformMEMORANDUM
FROM: Assemblywoman Margaret Markey
SUBJECT: February 2015 Update – Making CVA the Law in New York State
The New York State Legislature has started a new session with many newly-elected Members in the Assembly and new leadership in the office of the Speaker. Educating them about the issue of child sexual abuse and its damaging impact on survivors and society is a high priority for me over the coming months.
As we learned last year, New York State currently ranks among the very worst of all states in America in how it deals with child sexual abuse crimes. It is the victims who suffer most as a result of our state’s archaic statute of limitations law (SOL) for these offenses and future generations of children are at risk as pedophiles are hidden and go unpunished for their crimes.
Following is an update about current legislative activity in Albany to remedy this deplorable situation by reforming our statute of limitations by making the Child Victims Act the law in New York State. (See the story about the 2015 initiative for CVA that appeared in the Albany Times-Union, attached here.)
IN THE NEW YORK STATE ASSEMBLY: With the beginning of a new legislative term, the Child Victims Act has a new Assembly bill number this year: A2872. The provisions of the bill remain the same as previously, calling for complete elimination of the criminal and civil statute of limitations for child sexual abuse crimes in the future, with a complete one year suspension of the civil SOL to benefit older victims. Even this early in the session, I am pleased that 52 co-sponsors have already joined me on the bill – that is more than one third of the total Assembly membership. As I meet with my colleagues to educate them about CVA and the importance of the bill, and as you continue to reach out to your own Assembly members, I believe we are certain to attract additional co-sponsors over the coming weeks. I am hopeful for an Assembly vote on A2872 this spring.
IN THE NEW YORK STATE SENATE: There is also a new Senate bill number for the Child Victims Act: S63. Senator Brad Hoylman is the prime sponsor and he is moving vigorously to bring new co-sponsors to the bill. One new addition to that list, Senator Marc Panepinto of Buffalo, just announced his support for CVA last week to welcome media attention at home and in Albany. See some of the coverage attached here.
SAVE THE DATE APRIL 22 FOR ALBANY LOBBY DAY: Wednesday, April 22 will be Lobby Day for CVA in Albany. More details about programming will be available shortly, but in addition to your personal visits to individual legislators, I also want us to educate all of Albany about the issue of childhood sexual abuse and its consequences. Groups supporting CVA and other organizations concerned about the issue are invited to set up educational displays in a reserved public area of the State Legislative Office Building on that date to get out their message. We will have more information about displays and exhibits soon, so if you are interested, please send me a letter or email now to tell me about your group and the nature of your display.
I want to thank all those individuals and organizations who have worked so hard over many years on behalf of the Child Victims Act. This SOL reform bill is similar to other ground-breaking legislative initiatives that have eventually overcome entrenched opposition to become law. It is your persistent voices that will ultimately prevail as you continue to point out the injustice of current law and the damaging effect it has on survivors of child sexual abuse as well as on our society.
Look for new updates over the coming weeks and please keep in touch with our current activity on the CVA link on my New York State Assembly website. As always, please also stay in touch with my office and let us know how you can help.
Sincerely,
Margaret M. Markey
Reach my office by email at markeym@assembly.state.ny.us
For Information about CVA developments in NY and updates about 2015 activities, see the CVA button on my Assembly website home page, http://assembly.state.ny.us/mem/Margaret-M-Markey/
Curtis Haring, Flagged Bill: HB 277 – Statute of Limitations for Civil Actions – Rep. Ken Ivory | Utah Political Capitol
/in 2015 Legislative Session, Utah /by SOL ReformTo contact Representative Ivory, click here or call 801-694-8380.
Read more: http://utahpoliticalcapitol.com/2015/02/10/flagged-bill-hb-277-statute-of-limitations-for-civil-actions-rep-ken-ivory/#
AVA Passes Senate 98-0 (Child Porn Restitution)
/in Child Pornography /by SOL ReformYesterday (Feb. 11), the United States Senate passed the Amy and Vicky Act 98-0. Senators Grassley, Hatch, and Schumer gave amazing floor speeches.
About the AVA – S.295 / H.R.595
A federal statute (18 U.S.C. §2259) requires that, in child sexual exploitation cases, a defendant must pay restitution for “the full amount of the victim’s losses.” That works for crimes in which a defendant directly causes specific harm to a victim, but child pornography crimes are different. A child pornography victim is harmed by the initial abuse, then harmed by the distribution and possession of images of that abuse.
The Supreme Court has recognized that victims are harmed by the ongoing “trade” and “the continuing traffic” in child sex abuse images. “In a sense,” the Court said, “every viewing of child pornography is a repetition of the victim’s abuse.” On the Internet, that abuse never ends.
Each step in the child pornography process—production, distribution, and possession—increases the harm to a victim but makes it more difficult to identify those responsible. Victims of this kind of crime are especially in need of restitution to help put their lives back together. Meeting that challenge is the purpose of the Amy and Vicky Child Pornography Restitution Improvement Act of 2015.
“Amy” and “Vicky” are the victims in two of the most widely-distributed child pornography series in the world. On April 23, 2014, in Paroline v. United States, which reviewed Amy’s case, the Supreme Court found that the existing restitution statute is not suited for cases like theirs because it requires proving the impossible: how one person’s possession of particular images concretely harmed an individual victim. That standard puts the burden on victims to forever chase defendants and recover next to nothing.
The Amy and Vicky Act creates an effective, balanced mandatory restitution process for victims of child pornography that responds to the Supreme Court’s decision in Paroline v. United States. It does three things that reflect the nature of these crimes.
First, it considers the total harm to the victim, including from persons who may not yet have been identified.
Second, it requires real and timely restitution.
Third, it allows defendants who have contributed to the same victim’s harm to spread the restitution cost among themselves.