Companions in Hope

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Laws & Legislation


On this page, we explore the Laws and Legislation of the United States - federal, state, and local - having to do with Child Protection, the Sexual Abuse of Children, and relgion-related matters. It is worth noting that onl;y a small minority of Catholic priest pedophiles are identified in current Sex Offender Registries because most have escaped criminal prosecution because of outdated Statute of Limitation laws and cover-up. Currently, the State of New York is considering legislation that would change it's Statute of Limitation on Child Sex Abuse cases.


New! Illinois Supreme Court Ruling. John Doe A., Appellee, v. Diocese of Dallas et al., Appellants. Opinion filed September 24, 2009. Appellate court ruling reversed; Circuit court ruling affirmed. Note the following statement in the ruling:

Finally, we note that the bar of a statute of limitations does not go
to the court’s jurisdiction to hear a case. Rather, it is an affirmative
defense which a defendant may, in its sole discretion, assert or waive.
See City of Naperville v. Mann, 378 Ill. App. 3d 657, 660 (2008).
Defendants in this case have elected to invoke the defense, and they
alone are responsible for that decision and its impact on plaintiff’s
ability to seek relief through the courts. Our function, as a court of
review, is simply to insure that the law is applied correctly. It was
applied correctly by the circuit court here.

In other words, the Catholic Church uses the statute of limitataions as a means of playing legal hardball with individuals who have suffered traumatic crimes at the hands of the Church. Once again, the Church hierarchy and paid attorneys demonstrate that they are more interested in protecting the materials assets of the institution than treating victims of their own crimes and negligence with compassion. The Church's cold-hearted tactics are apparently legal in Illinois but unethical no matter where you live.


"Civil Liberties" and Uncivil Lies: What the New York Civil Liberties Union and the Catholic League for Religious and Civil and Civil Rights Have in Common - An Agenda to Keep Child Predator Identities Secret by Marci Hamilton, March 19, 2009

New York Times Editorial: A Window for Justice published March 23, 2009

One Protective Order sought by THE ARCHDIOCESE OF CHICAGO, THE CATHOLIC BISHOP OF CHICAGO, a corporation sole, and CARDINAL FRANCIS GEORGE, defendants

Child Victims Voice: A Coalition of Organizations and Individuals who support the civil rights of those who were sexually victimized as children to have their day in court. Includes information on - and a link to - the actual bill.

A May 2004 Ruling of the Appellate Court of Illinois Second District Against the Catholic Diocese of Rockford

The Ferns Report: An Executive Summary Results of an Official Inquiry into Cases of Priest Sexual Abuses of Children in the Diocese of Ferns in Ireland.


Statutes of Limitations

Companions in Hope strongly encourages all residents of the state of New York to contact their state representatives immediate and urge them to support the Child Victims Act that will hold sexual predators of children and their enablers accountable, thereby making the state safer for children.

Read statements below supporting the elimination or extension of state statutes of limitations in childhood sexual abuse cases. Efforts to change current SOL (statute of limitations) laws which are ignorant, outdated, and dangerous have succeeded in some states and fallen short in others. In every state the legislation has been addressed, the Catholic hierarchy has not only spent millions of donated dollars to defeat it but many bishops have launched organized personal attacks on legislators supporting or sponsoring the bills, including fighting to defeat their re-election campaigns.

New! Response to the Concerns of the NY State Catholic Bishops About S-5893 by Fr. Thomas Doyle, J.C.D., C.A.D.C.

 Our Letter to New York State Legislators in Support of the Child Victims Act

A Letter Written by Victims' Advocate Sister Maureen Paul Turlish

A Statement by Survivor and Advocate Rick Springer

Testimony by Survivor and Advocate Daniel G. Frondorf

 

The New York State Assembly is currently considering legislation that would amend outdated and dangerous Statute of Limitations on childhood sexual assault cases. Check out the links below for more information.

NY Coalition to Protect Children: Stop Shielding Sexual Predators, Provide Justice for Victims; Support NYS Assembly Bill A2596 and Senate Bill S2568

Reform the Statute of Limitations on Child Sexual Abuse

New York City Alliance Against Sexual Assault

 

More Coming Soon.


Child Protection Laws

Note: Almost of all of the Catholic priests who have had credible allegations against them of child sexual assault or abuse have escaped being placed on any Sex-Offender Registry by the same reason they have escaped criminal prosecution for the rapes they committed against children. The Statute of Limitations expires in most cases of child sexual assault by clergy before the child feels safe enough to report the crimes or is mature and emotionally-developed enough to either remember the assualts or to recognize them for what they were - criminal acts. For more information, see our page on Dissociation. The sad message these Statutes of Limitations sends to criminals is, "If you want to get away with a crime, rape a child because the trauma to the child is so severe, you are all but guaranteed getting away with it until after the Statute of Limitations expires, and then it's too late to prosecute".

Sex-Offender Registration

The 1994 Jacob Wetterling Act requires the States to register individuals convicted of sex crimes against children. Sex offender registration laws are necessary because:

Community Notification

Megan's Law allows the States discretion to establish criteria for disclosure, but compels them to make private and personal information on registered sex offenders available to the public. Community notification:

The Amber Alert

The Amber Alert is a critical missing child response program that utilizes the resources of law enforcement and media to notify the public when children are kidnapped by predators. Although the scope of the Amber Alert varies, the criteria for activation are fairly consistent. Whether it is a local, regional or statewide program, law enforcement activates an Amber Alert by notifying broadcast media with relevant indentifying and case information when circumstances meets the following criteria:

 

The Adam Walsh Child Protection and Safety Act

On July 27, 2006 President Bush signed this Act into law. One important component requires the U.S. Department of Justice to create a public accessible Internet based national sex offender database that allows users to specify a search radius across state lines. The result is the Dru Sjodin National Sex Offender Public Website.

More information on these laws can be found at the Klaas Kids Foundation website.

 


 

 

More to Come.

 

 


If you would like to contribute something to this page, please mail or email your information to:

Companions in Hope
P. O. Box 638
Geneva, Illinois 60134

mail@companionsinhope.com

Thank you for your interest and participation.


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