ABUSE VICTIMS: STATUTE OF LIMITATIONS REFORM

Archive for the ‘sexual abuse’ Category

Statute of Limitations Reform: Abuse Victims | Brooklyn Personal Injury Attorney

April 30th, 2010

ABUSE VICTIMS: STATUTE OF LIMITATIONS REFORM

In a recent New York Times article, Lawrence Lessig, a law professor at Harvard, noted the continuing role of the Catholic Church in opposing any change in New York State’s Statute of Limitations with respect to the ability of Sexual Abuse victims seeking redress for the harm they suffered.

Professor Lessig pointed out that New York has one of the most restrictive Statute of Limitations when it comes to child sexual abuse. New York law requires a person to bring a lawsuit involving sexual abuse within five years of reaching their 18th birthday, or forever be barred from bringing such a lawsuit.

Three times the New York State Assembly has passed legislation altering that law.

Assemblywoman Margaret Markey has attempted to extend the Statute to allow a lawsuit TEN years following the 18th birthday and, additionally, to allow a ONE YEAR WINDOW, during which anyone, of any age, could bring a lawsuit for sexual abuse. The New York State Senate has repeatedly refused to follow the Assembly’s example in passing such legislation.

According to Professor Lessig, “At the core of the opposition to this bill is heavy lobbying by the New York Catholic Conference (which)…has hired top dollar lobbyists to kill the bill.” The object of the Catholic Conference is an attempt to protect the Church from the loss of significant wealth resulting from the inevitable avalanche of lawsuits. Of course, this will also result in hundreds, if not thousands, of victims being barred from receiving compensation for the harm they suffered.

Posted in Abuse and Neglect, Clergy Abuse, sexual abuse | Tags: catholic priest sexual assault, child sex abuse, sexual abuse, statue of limitations |

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Sexual Abuse: Pedophile Pediatiricians | Brooklyn Personal Injury Attorney

May 15th, 2010

SEXUAL ABUSE: PEDOPHILE PEDIATRICIANS

It would be hard to imagine something as repugnant as members of the clergy participating in, and countenancing, the sexual abuse of those they counsel and to whom they provide spiritual guidance. If exceed that we must, we only have to look at the cases of sexual abuse coming to light now involving pediatricians and their patients, ranging in age from 2 years to teenage.

As with priests in the Catholic Church, physicians who become aware of these gross violations of professional conduct by their colleagues invariably seek the removal of that colleague from their practice, and condone the fact that those pedophiles simply relocate to another practice.

The continued participation by the pedophile physicians in their abominable activities would seem to be preferable to fellow physicians than pursuing avenues that would certainly lead to removal from the practice of medicine and probable criminal prosecution. The welfare of the young patients, as was the case with the welfare of young parishioners, is of secondary importance ! The “code of silence,” it would seem, crosses professional boundaries.

Within just the past few months, what is possibly the single worst case of physician pedophilia came to light in Delaware. Dr. Earl Bradley was accused of sexually abusing more than 100 children. The accusations ranged from oral sex to rape, and his history is one of willful ignorance and repeated inaction by professional colleagues and police.

Outrageous and illegal activity such as that which is described should not go without some recourse for the victims. The effects of this conduct will likely last a lifetime, and the pain and suffering visited upon these young people in their most tender years should not go uncompensated. While the pedophile himself may be “judgment proof,” those from whom the victim or his or her family seek legal help will, if adequately experienced, be in a position to seek out other sources that contributed in some way to the offenses that occurred and who are, themselves, susceptible to providing the compensation to which the victim is entitled.

Posted in Rape and Assault Injuries, pediotrician sexual abuse, sexual abuse | Tags: child sex abuse, doctor abuse, pedofhilia, PEDOPHILE, PHD pedophile, sexual abuse |

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SEXUAL ABUSE | Long Island City Attorney

June 7th, 2010

CHILD ABUSE VICTIMS

STATUTE OF LIMITATIONS — REFORM

We have previously reported regarding efforts in the New York State Legislature to open up a one year “window of opportunity” to victims of childhood sexual abuse. It would have extended the Statute of Limitations on bringing “civil” lawsuits so that virtually anyone, at any age, that suffered sexual abuse, could sue, regardless of the number of years that have passed since the abuse occurred.

Unfortunately, we can now report that for the FIFTH year, the legislation intended to expand the rights of child sex abuse victims has died in the New York Legislature.

The hope on the part of proponents of the legislation was that with the increased outrage over new developments regarding clergy sexual abuse coming to light in the Catholic Church in Europe, that public opinion here would lead to passage. That assessment was wrong.

Since 2002, fifteen states have proposed such legislation. Only Delaware and California have actually passed it. In New York, the legislation “died” in the State Senate committee that deals with that area of law. The legislation is known as the “CHILD VICTIMS ACT.” Sponsors will continue to attempt to get it passed in the future.

Some opponents did indicate that while they opposed eliminating the Statute of Limitations on civil child abuse cases, which could bankrupt some organizations, they would favor lifting the Statute of Limitations on criminal cases so that abusers could be prosecuted.

Posted in Statute of Limitations, sexual abuse | Tags: Child Sexual Abuse, Child Victims Act, clergy sexual abuse, sexual abuse, Statute of Limitations |

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Sexual Abuse

July 6th, 2010

Sexual abuse, or molestation, is defined as the use of “force” to make another person engage in sexual behavior.

What do we mean by “force”? The law will consider “force” to include:

Forcible Compulsion – The threat of, or actual physical force, on the victim or a third party.
Physically Helpless - The victim is physically unable to express a lack of consent due to a physical disability.
Age of Consent - According to New York law, anybody under the age of seventeen is incapable of consenting.
Mentally Disabled or Incapacitated – If the victim is temporarily or permanently unable to comprehend the nature of their conduct.

“Sexual Abuse” can include various acts such as:

Sexual Intercourse
Deviant Sex Acts
Sexual Contact
Forcible Touching
Aggravated Sexual Contact

Sexual Abuse is a very serious matter that is, unfortunately, not uncommon. If you, or anyone you know, has ever been victim to this horrific crime, contact a Personal Injury Lawyer who is experienced in cases in this area of law.

To get some more information about sexual abuse, visit, http://www.prevent-abuse-now.com/articles.htm.

Posted in sexual abuse | Tags: sexual abuse |

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