Lawyers for Clergy Abuse & Sexually Abused Child | Law Offices of Betti & Associates Attorneys for sexual assult in California, New York, New Jersey, Pennsylvania, Delaware, Illinois, Florida, Hawaii

IN THE WAKE OF PENN STATE AND NOW SYRACUSE, NEW YORK CHILD SEXUAL ABUSE TURNS TO THE SECULAR ARENA

By MICHELE M. BETTI | b&a opinions

With the news of Penn State and now Syracuse University, child sexual abuse has become mainstream USA. It is no longer just a “religious” issue.

You readily hear horrific stories from Survivors from all walks of life and all backgrounds accounting their heinous crimes of abuse. In the case of Penn State and Syracuse, team icons are alleged to have committed the abuse. These are not young men doing the abuse, but seasoned adults who are prominent professionals in the sports world.

It has taken a lot of courage for these young men to come forward regarding their sexual abuse. And this should not go unnoticed.

Why the Markey Bill In New York Should Be Passed Continue Reading

Illinois Statute of Limitations In Sex Abuse Cases
Illinois Sex Abuse Civil Statute of Limitations

Civil Statute of Limitations In Illinois

• Delayed SOL for Childhood Sexual Abuse Suits : 18 Years Old + 20 Years (used to be 18 + 10). 735 I.L.C.S. § 5/13-202.2(b)-(d).
• There is Tolling during manipulation, fraud, threat, or intimidation.
• Discovery Rule : Suits for childhood sexual abuse may also be brought within 20 years (used to be 5 years) of the date the victim discovers or reasonably should have discovered the act of abuse and the injury caused. § 13-202.2(b). Knowledge of abuse doesn’t constitute discovery.  Discovery only occurs when there is knowledge of causal link between discovery and later-discovered injury.

Criminal Statute of Limitations In Illinois

• Delayed SOL for Most Sexual Offenses Against Minor Victims : 18 Years Old + 20 Years. 720 I.L.C.S. 5/3-6(j). Such offenses include criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse. Id.

By MICHELE M. BETTI | b&a opinions | January 28, 2011

When the New York State Sex Offender Registration Act took effect on January 21, 1996, the aim of the original statute was to assist local law enforcement agencies and to protect communities by requiring sex offenders to register with the State, thus, providing information to the public about certain sex offenders living in their communities. What is happening lately though is that sex offenders are not being held to an appropriate level of culpability.

How are sex offenders classified?

There are three levels of classifications based upon a sex offender’s risk of committing another sex crime and harm to the community: Level 1 (low risk of repeat offense); Level 2 (moderate risk of repeat offense); or Level 3 (high risk of repeat offense and a threat to public safety exists). There are also three designations that may be assigned to a sex offender: sexual predator, sexually violent offender, or predicate sex offender. These designations, along with risk level, govern the length of time that an offender must register.

Level 1 sex offenders must register for 20 years unless they have been given one of the above designations. Level 2 and Level 3 sex offenders are required to be registered for life. If the sex offender has been designated a sexual predator, a sexually violent offender or a predicate sex offender, he or she must register for life regardless of risk level.

What role are District Attorneys playing in the assignment of risk levels and designations?

A largely unnoticed problem is occurring across the country in our criminal justice system. District Attorneys statewide are offering plea agreements with a reduced level of classification and designation for these child sex offenders. These low level classifications and designations are allowing perpetrators an opportunity to fly under the radar. Registration Levels were established to give communities notice about potential threats from predator child sex abusers in their community. District Attorneys must hold these criminals accountable for their heinous acts against innocent children and push for Level 2 or 3 classifications and designations that come with life registration.

Many predators are life-long abusers

According to the FBI, many predators are life-long abusers with as many as 100 victims in their lifetime. Having sexual relations with a child, no matter how minimal, is not a mere lapse in judgment. It is a crime. And, in many instances had the perpetrator had more time with his/her victim, he/she most certainly would have escalated the abuse to a Level 3 status, and then moved on to another child.

We all need to be more diligent in our efforts and more proactive in our fight against child sexual abuse. The criminal courts are the only place to get these offenders on a lifetime registration list. By maintaining a steadfast approach to the registration process, we are precluding these offenders from flying under the radar, and keeping our communities safe for our children.

Copyright 2011, b&a opinions.

Betti & Associates Law Offices
Sexual Abuse Lawyers For Survivors
California- New York – Illinois – Flordia

Child Sexual Abuse, Statute of Limitations, Sexual Abuse Legislation, Victims, Sexual Predators

Win For Floridians – Florida Legislature Lifts The Statute Of Limitations On Sexual Abuse Cases For Children Who Were Under 16 Years Of Age At The Time The Abuse Occurred.

By MICHELE BETTI | b&a opinions

Hooray for Florida!  Finally a state that gets it right for victims.  The Florida legislature passed a bill in May that goes into effect July 1, 2010 that eliminates the statutes of limitations for criminal and civil actions relating to sexual battery if the child is under 16 years of age at time of the sexual abuse.

The bill, HB 525, will help victims of sexual abuse seek justice in a court of law to recover damages for their abuse.  Under previous Florida law, there was a delayed statute of limitations for actions based on sexual abuse against minors that was 18 years old plus 7 Years. [Fla. Stat. § 95.11(7)].

There is also a Delayed Discovery Rule called the “Delayed Discovery Doctrine” that is still in effect for victims 16 years of age and older that allows a victim of child sexual abuse to come forward 4 Years from the date that victim knew or should have known that the injury and abuse were causally connected.  Hearndon v. Graham, 767 So. 2d 1179 (Fla. 2000); Davis v. Monahan, 832 So. 2d 708, 709-710 (Fla. 2002).  The recovery of repressed memories of abuse also qualifies as such “discovery.”  Hearndon, 767 So. 2d 1179 (Fla. 2000).

According to The National Center for Victims of Crime, which is the nation’s leading resource and advocacy organization for crime victims; 52% of child abuse or neglect victims were girls and 48 % were boys.  10 % of children have experienced some form of sexual violence (sexual assault, rape, harassment or flashing) during their lifetime.  The older the child victim, the greater the likelihood of being sexually assaulted by an acquaintance:  53 % of perpetrators against children ages 6 to 11 were acquaintances, as were 66 percent of perpetrators against adolescents ages 12 to 17.

To inquire whether you may have a case in Florida, go to Betti and Associates Contact page http://bettiandassociates.com/contact-us/.

Copyright 2010, b&a opinions.

The Illinois Supreme Court released their decision overturning a law passed in 2003 to allow victims more time to expose their predators and protect children.

Read the full decision by clicking the case name below.

JOHN DOE A., Appellee, v. DIOCESE OF DALLAS et al., Appellants.

Also read our post

If I am not for the children, then how can I argue I am not for the predators?

Opinion filed September 24, 2009.

Sign the Petition to Protect New York’s Children and Expose Sexual Abusers

August 24, 2009:  Sign the Petition to Protect New York’s Children and Expose Sexual Abusers.
By MICHELE BETTI | b&f opinions August 24, 2009, 2009

We Need to Protect New York’s Children and Stop Shielding Sexual Abusers.  Please go to nychildvictimsact.org and urge your friends, family and work colleagues to support the Child Victim’s Act of New York in a Special Session of the Legislature this fall (A2596B, Markey / S5893, Ruth Hassell Thompson).

There are hundreds, perhaps thousands, of unknown sex abusers of children living and working among us — in schools, churches, synagogues, youth groups, and especially in families.  Two special grand juries in New York have recommended to legislators to change the New York State statute of limitations. Continue Reading

Extension of Statute Of Limitations For Child Sex Abuse in New York – Is Justice Better Served By The Markey Bill or The Lopez Bill?

By MICHELE BETTI of Betti And Associates | b&f opinions April 15, 2009

New York State Lawmakers are currently considering two different civil bills relating to expired child sexual abuse claims (A2596/S2568 (the “Markey Bill”) introduced to the NY Assembly by Assemblywoman Margaret Markey, D-Queens and A5708/S3107 (the “Lopez Bill”) introduced to the NY Assembly by Assemblyman Vito Lopez, D-Brooklyn.)  The central purpose of these types of civil statutes should be to provide justice to survivors of childhood sexual abuse who for years have remained silent about their childhood trauma.  Ultimately, every survivor, advocate and this firm believe no state should have a statute of limitations for childhood sexual abuse cases (like in the case of murder). Continue Reading

Child Victims’ Act of Pennsylvania gives survivors of childhood sexual abuse a two-year “civil window,” to file a lawsuit against their Perpetrator and the entity that protected him. To read the full text of the bill click on the link H1137.

The bill would raise the age at which an accuser could file a civil suit from 30 to 50. The bill would also suspend the civil statute of limitations for two years in child sex abuse cases, so that people over the age limit or whose Statute of Limitations has expired could file a suit.

A 2005 Philadelphia Grand Jury Report uncovered 63 priests in the Philadelphia archdiocese who had abused hundreds of children over several decades. In some cases, archdiocese leaders intentionally concealed the abuse to protect the church.

The Child Victims’ Act of New York gives survivors of childhood sexual abuse a one-year “civil window,” to file a lawsuit against their Perpetrator and the entity who protected him.

To read the full text of the bill click on the link A04560. As of today, Senate Bill S4614A has not passed. It was referred to codes committee on January 9, 2008. To read the full text of the bill click on the link S4614A.

Cardinal Mahony under federal investigation over abusive priests, sources say.
January 29, 2009 – The Los Angeles Times — Los Angeles, CA –

The U.S. attorney in Los Angeles has launched a federal grand jury investigation into Cardinal Roger M. Mahony in connection with his response to the molestation of children by priests in the Los Angeles Archdiocese, according to two law enforcement sources familiar with the case.