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

February 29, 2012:

By MICHELE M. BETTI | b&a opinions

Assemblywoman Margaret Markey held a press conference on February 28, 2012 in support of her Child Victims Act. At the conference she unveiled her plan to bring the Child Victims Act legislation before the Albany floor later this year. Her bill would open up a one year “window” to allow victims of child sexual abuse to obtain justice against the perpetrators who have abused them, and employers who sanctioned such abuse.  Right now under the current NY statute a victim has until their 18 birthday + 3 years to bring a claim for negligence torts and/or Third-Party negligence.

Markey invited two of the alleged victims of coach Bernie Fine, former ball boys at the University of Syracuse, to speak at the press conference. Markey is counting on her colleagues to support the bill after hearing the stories of these abused men. She hopes hearing their stories will help draw support for the bill and encourage her colleagues to pass the one year “window.”

It is important for victims of child sexual abuse to speak out and share their stories. It not only helps with their healing process, but also encourages others who are being abused or were abused in the past to come forward.

The effects of child sexual abuse on young people is staggering. The horror, embarrassment, humiliation stays with an abuse victim for his or her entire life. Most of the time, the abuse suffered causes strain in a victim’s personal and professional life. Pedophile perpetrators steal a childhood away from their victim and usually don’t look back because they are too busy looking for the next child to manipulate and abuse.

Lifting the statute of limitations is important because victims of childhood abuse often cannot address the emotional damage they’ve suffered until decades later when they are well into their adulthood.

It is Markey’s hope to draw attention to abuse occurring in youth sports as well as keeping scrutiny on religious organizations where much abuse occurs. Many religious organizations have tried to block the “window” legislation from coming to the Albany floor, especially the Catholic Church.

It is our obligation as advocates for victims of clergy and non-clergy sex crimes to be protective stewards of children. We must keep up the pressure on organizations to make sure they are diligently protecting youth so that they do not become victims of child sexual abuse.

Copyright 2012, b&a opinions.

Why Are Governors Vetoing Child Sexual Abuse Legislation Across The Country?

By MICHELE BETTI | b&a opinions

On July 12, 2011, Governor Neil Abercrombie signed into law the last of the measures from the 2011 legislative session. In total, Governor Abercrombie enacted 235 measures and vetoed 17; seven bills became law without his signature.

Senate Bill 217 would have eliminated the statute of limitations for civil actions brought by victims of sexual offenses as a minor against the person who committed the acts and authorized suits against a legal entity allowing an employer, including the state, to be sued for the criminal acts of its employees.

Governor Abercrombie’s thought process for vetoing the bill was flawed. Siding with the lobbyists Abercrombie stated that the bill was contrary to well-established tort and agency law and was in direct contravention of the State Tort Liability Act (STLA), Chapter 662 of the Hawai’i Revised Statutes. Under the STLA, the state cannot be sued for the criminal or intentional acts of its employees. He also postured that the elimination of a statute of limitations for a civil claim also raised grave constitutional and fairness concerns stating “if a claim can be brought after an unlimited passage of time, it is likely that documents will be lost or destroyed and witnesses will die or move away.” “And the accused (even those falsely accused) will not be able to defend itself, and true justice will not be achieved.”

It is well established though in civil litigation that a plaintiff must prove a case by a preponderance of the evidence. The strength of the plaintiff’s evidence must show that a child was in fact sexually abused and that the employer either knew or should have known that the abuse occurred, and did nothing to prevent or stop it. If the evidence is not there, then a jury will not find liability.

The average juror does have the capability to differentiate between good evidence and nonexistent evidence. The question is whether juries are better or worse than the Governor of Hawaii at scrutinizing evidence, deliberating and returning a verdict. I think they are.

Most sexual abuse cases are proven through documentary evidence. In other words, a paper trail exists showing exactly when an employer knows its employee has an unusual interest in children. This is documented in the employees personnel file by concerns of fellow employees and supervisors, complaints are cited from administrative staff members, parents, and other children, and in some cases the employee is sent away or given leave to seek “treatment” for his unusual interest in children. Indeed, more often than not, the documents prove the employer knew about the abuse and either turned a blind eye to it or covered it up exposing hundreds of other children to the same pedophile.

Hypotheticals do not work. Plaintiffs must prove their case; then it is up to the jury to do its job and decide the case based on the merits. This is how our legal system works. It is not the executive branch that determines what is or is not a meritless case; that is the role of the judiciary. And cases brought within our judicial system should be allowed to run their course.

This is a loss for children who have suffered from the violence of being sexually abused with no chance to avail themselves in our judicial system. This is also a loss for children who have yet to be abused because there is no deterrence for those who abuse. Predators know they can abuse and get away with it under the archaic laws that exist today. And so, they continue abusing without accountability. Employers know there is no liability for them hiring pedophiles even when their knowledge of the abuse is so patently clear.

One cannot put a time limit on a child’s soul. When a child is sexually molested that soul is stripped from them forever. The Governor choice was misguided. There should be no statute of limitations on sexually abusing a child. There should be no protection for the predator who commits the egregious act, and no refuge for the employer who turns a blind eye to it.

For now the civil statute remains the same:  18 years old + 2 years. The general statute of limitations for personal injury actions is 2 years, Haw. Rev. Stat. § 657-1(4), which is tolled until the victim reaches 18, § 657-13.  There is a delayed discovery rule such that the statute of limitations begins to run when the victim knows or should have known that his or her injury and the abuse was causally related. See Dunlea v. Dappen, 924 P.2d 196 (Haw. 1996). Let’s hope other Governors get it right by supporting child victims’ legislation instead of vetoing it.

Copyright 2011, b&a opinions.

Attorney Michele Betti of Betti And Associates Law Firm Specializing in representing survivors of sexual abuse published article

Damages
How to present non-physical injuries and damages.

in the  May 2011 edition of Journal of Consumer Attorneys Associations For Southern California The Advocate, Perspective From The Bench.

The article topic is showing the value of using professional documentary presentations in sexual abuse cases to help overcome the challenges of demonstrating  invisible injuries  that many  sexual abuse survivors suffer.

Read the Article On Line
Online Magazine,  Digital Copy of The Advocate Article: page 70

PDF Version of Betti & Associates
How to Present Non-Physical Injuries In Sex Abuse Cases – Advocate May 2011

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.

John Katubi, survivor of clergy child sexual abuse, outs predator priest for the first time telling story to Saints John Neumann and Maria Goretti High School principal, archdiocese of philadelphia…

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

By MICHELE BETTI | b&a opinions October 13, 2009

Stand up for child justice

What the Roman Polanski arrest and the Mackenzie Phillips allegations of abuse by her father bring to the forefront is that all children are susceptible to abuse, not just children associated with religious organizations, schools, youth organizations, etc. Child sexual abuse has no specific boundary or description. It can occur regardless of a child’s age, country, wealth or poverty level. It can happen any time any place where children are involved.

Laws that afford a victim the time and opportunity to come forward and expose their predator prevent the next child from becoming a victim of that very same predator.

Shouldn’t the goal for all children be to allow them an opportunity to grow up without the harms inflicted upon them by adult predators? There is nothing more precious than an innocent child, with its whole life ahead of it, to grow up unscathed. Certainly, each one of us cannot argue against such a noble concept. Protecting children from predators and exposing organizations that cover up the abuse is an easy concept to embrace.

How we accomplish this goal is another story entirely.

Laws are making it very difficult, and in many cases impossible for those abused children who have grown into adults to come forward and identify their predators. We can help those who were victimized as children by speaking out against child sexual abuse, by verbalizing a zero tolerance policy against entities that cover up the abuse, and by supporting legislation that allows victims to come forward, tell their story, expose their predators, and protect the children of tomorrow.

Ask yourself, and challenge others to ask themselves this question:

If I am for children, then how can I argue against Child Victims Laws? If I am for children, then how can I support entities that cover up the abuse? If I am for children, then how can I argue against delayed discovery rules or window legislation that allows survivors of sexual abuse to litigate their cases? If I am for children, then how can I argue for imposing a statute of limitation on child sexual abuse when there is none on murder? Isn’t the sexual abuse of an innocent child a murder of that child’s soul?

And finally ask yourself this: If I am not for the children, then how can I argue I am not for the predators?

Copyright 2009, b&f opinions.

Article:

Historical bad day in Illinois For Sexual Abuse Survivor Rites –

Statute law 2003 and Father Roberts vs John Doe, Illinois Supreme Court sides with the clock vs. victim.

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.

New York Child Victim’s Act Assembly Bill 2596b/Senate Bill S5893 Petition Child Sexual Abuse Predators
By MICHELE BETTI | b&f opinions August 28, 2009

Jaycee Lee Dugard, 29, Abducted in 1991 Near Her Family’s South Lake Tahoe Home By Sex Offender On Parole. Why its important that we join voices and vote for:

I am sure all of you have heard about the Jaycee Lee Dugard, who was kidnapped 18 years ago at the age of 11 waiting for a school bus. She was held captive for all these years as a sex slave and impregnated two times by a man who was on parole for being a sex offender. Child sex predators are everywhere in our society and are not always hiding behind a religious cloak of a Catholic Priest, Minister, Rabbi, etc.   Laws need to be passed quickly to prevent all sex offenders from hurting children.

New York Child Victim’s Act Needs Your Voice Of Support & VOTE

There is a bill trying to be passed in the state of New York to bring these predators to justice for their crimes. I would urge all of you to put your support behind these types of bills so things like this do not continue to occur. It has to end. We need to protect children and uncover these sex offenders.

Support the Child Victims Act of New York (A2596B/S5893).

Go to www.nychildvictimsact.org and sign the petition.

Copyright 2009, b&f opinions.

Attorney for sexually abused children
Michele Betti of Betti & Associates
California- New York – Illinois

Michele Betti of Betti &  Associates Supports SNAP Survivors to Uncover Nun Abuse at the Leadership Conference of Women Religious in Silver Springs, Maryland.
By MICHELE BETTI | b&f opinions August 26, 2009

Nun Sexual Abuse – SNAP & Sexually Assaulted Victims Picket in Maryland

SILVER SPRING, Md. – On a very hot day in Silver Springs, Maryland, where the heat index was 110º, several SNAP survivors and SNAP advocates peacefully marched in front of the office of the Leadership Conference of Women Religious.

While many know of about the allegations of sexual abuse by priests, many do not know about the victimization of children by Catholic nuns.  While most nuns are loving dedicated women, some are not, and abuse victims say they should be investigated and held accountable just like priests. Continue Reading