What Laws Need to Change to Protect Victims of Child Abuse?
Marci A. Hamilton is a Law Professor at Benjamin N. Cardozo School of Law, author of "Justice Denied: What America Must Do to Protect Its Children,” and graduate of Penn State’s graduate program.
“We keep hearing the coaches did what was legally required, but morally... what legally needs to change to protect victims?” asks Anderson.
“There are two ways the law keeps victims secret and under wraps. One is: the mandatory reporting laws in Pennsylvania are way too short.”
“So when you say mandatory reporting laws. It's not mandatory that someone who witnesses a child being raped has to report it.” says Anderson.
“Right, well, Joe Paterno, all he had to do is tell his boss and he's off the hook,” says Hamilton. “So what he did legally is appropriate. What he did morally is wrong. But in the State of Pennsylvania, not enough people have to report. If you find out that a priest is abusing a child, many times if it's his higher-ups, he doesn't have to report it.
Hamilton continues to say other laws that need to change are with regard to Pennsylvania’s Statute of limitations -- meaning, there are certain deadlines in effect that do not give victims enough time to prosecute their perpetrators.
Comments
What we have been trying to do in PA is get the criminal and civil laws on CHILDHOOD SEXUAL ABUSE up to speed. The criminal and/or civil laws on CSA were tweaked if I remember correctly around 2002 and 2006 but they are still not up to the problem. Two bills were introduced on March 1, 2011 in Harrisburg - House Bills 832 & 878. Basically 832 removes SOLs going forward criminally and civilly and 878 provides a two year civil window for previously time barred cases of abuse - by anyone. That was what Marci Hamilton was speaking to on the Anderson Cooper clip.
In the wake of the PSU Sandusky sex scandal which continues to grow I might add, other bills on mandated reporting and the like have been proposed.
The interested groups in PA need to get together to lobby for all kinds of revisions in the area of CHILD ABUSE, that's needed absolutely.
I was born and raised in Philly and I worked there at CHOP in research until I entered the convent. Now I live in Delaware which HAD AMONG THE WORST LAWS REGARDING CHILDHOOD SEXUAL ABUSE - two years and two year, criminally and civilly. As of 2007 there are none and that 2007 Child Victims' Law also provided for a two year civil window during which previously barred cases of CSA by ANYONE could be brought forward in civil court.
I'm sure there are many child abuse laws that need updating in PA but the way it works is one issue at a time and that is what Marci, I and many others are working at present, HB 832 & 878 sponsored by Reps. Louise Bishop and Mike McGeehan respectively.
The public, the specialists, the researchers in child welfare policy in Pennsylvania, etc., etc., etc., need to get together and make see that the law IS CHANGED to better protect children.
Sister Maureen Paul Turlish, SNDdeN
Advocate for Victims & Legislative Reform
maturlishmdsnd@yahoo.com
What we have been trying to do in PA is get the criminal and civil laws on CHILDHOOD SEXUAL ABUSE up to speed. The criminal and/or civil laws on CSA were tweaked if I remember correctly around 2002 and 2006 but they are still not up to the problem. Two bills were introduced on March 1, 2011 in Harrisburg - House Bills 832 & 878. Basically 832 removes SOLs going forward criminally and civilly and 878 provides a two year civil window for previously time barred cases of abuse - by anyone. That was what Marci Hamilton was speaking to on the Anderson Cooper clip.
In the wake of the PSU Sandusky sex scandal which continues to grow I might add, other bills on mandated reporting and the like have been proposed.
The interested groups in PA need to get together to lobby for all kinds of revisions in the area of CHILD ABUSE, that's needed absolutely.
I was born and raised in Philly and I worked there at CHOP in research until I entered the convent. Now I live in Delaware which HAD AMONG THE WORST LAWS REGARDING CHILDHOOD SEXUAL ABUSE - two years and two year, criminally and civilly. As of 2007 there are none and that 2007 Child Victims' Law also provided for a two year civil window during which previously barred cases of CSA by ANYONE could be brought forward in civil court.
I'm sure there are many child abuse laws that need updating in PA but the way it works is one issue at a time and that is what Marci, I and many others are working at present, HB 832 & 878 sponsored by Reps. Louise Bishop and Mike McGeehan respectively.
The public, the specialists, the researchers in child welfare policy in Pennsylvania, etc., etc., etc., need to get together and make see that the law IS CHANGED to better protect children.
Sister Maureen Paul Turlish, SNDdeN
Advocate for Victims & Legislative Reform
maturlishmdsnd@yahoo.com
Visit:
www.Justice4PaKids.com
www.AbolishSexAbuse.com
www.Catholics4Change.com
www.nsacoalition.org
www.VOTFGP.org
I am a researcher in child welfare policy in Pennsylvania and I have to say this woman is clearly not an expert on this topic. Any well informed scholar of child welfare policy in Pennsylvania will tell you the number one issue in child protection in PA is the way PA defines child abuse. In Pennsylvania, child maltreatment is not legally child abuse if CPS cannot identify a perpetrator. In one recent example, a child repeatedly visited a pediatrician with clear signs of abuse. When CPS investigated the case they found the child lived with five adults. CPS could not say for sure which adult was abusing the child, althout CPS agreed the child was being abused. Without a perp, CPS had no choice but to put the child back in the abusive home. Furthermore, PA has some of the strictest definitions of neglect and physical abuse in the nation. In PA reports of child abuse have some of the lowest substantiation rates in the nation because of PA's definition of child abuse. I'm sorry to say Ms. Hamilton really missed an opportunity to shed light on a very serious and urgent issue.
kind of confusing! In a previous episode Anderson Cooper was lobbying for cheaters and saying that those who have been cheated on should not spread the awareness about the cheater. But now he gets people to say that if a child is abused, they should spread the awareness about that person...strange!
I provided the FBI and the DOJ with evidence of police corruption in regard to police and judicial corruption relating to the sexual assault of a child and it has been ignored. Shame, shame to make people believe it is as simple as telling. Shame, shame to make children believe that all they have to do is tell and they'll get help. The reality is just what happened at penn state and unless our media outlets act as a voice for victims all too often it is ignored as in the case of the child that I provided information on.