Kelly Clark: Mormon Sex Abuse Attorney, Portland, Oregon

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Give victims of sexual abuse some chance for justice

By DIANE SHEA
Bucks County Courier Times

In February of this year, the Bucks County Courier Times carried two articles about Dave Sicoli, former priest stationed at Immaculate Conception parish in Levittown. Sicoli was one of the many priests in the Archdiocese of Philadelphia who had been named as a sexual predator in the grand jury report on the Philadelphia Archdiocese.

One article was written by Matt Coughlin, who reported that Sicoli had been defrocked by the Vatican.

This could only have happened if the evidence against Sicoli clearly and unambiguously found him guilty of the sexual abuses of which he had been accused. The second, by Ben Finley, brought attention to the fact that Sicoli has a home somewhere in Sea Isle, N.J., yet his neighbors have no access to knowledge about Sicoli’s past.

Both articles made reference to the statute of limitations as the reason for this dreadful reality. What seems to be apparent is the need to support legislation in Harrisburg (House Bill 1574), which has been in committee. But why the holdup? Why has this bill allowing for civil action against these predators not found unanimous support?

I suggest that the best answer can be found in a newly published book, “Justice Denied: What America Must Do to Protect Its Children,” written by Marci Hamilton and published by Cambridge University Press. A lawyer and constitutional expert, Hamilton tackles the issue head-on but in language that is clearly written and not full of unnecessary legalese.

She argues that the legal system has obstinately persisted in supporting sexual predators at the expense of victimized children. For Hamilton, the solution is simple. The statute of limitations for sexual offenses against children must be eliminated. But simple is not apparent, especially to those with a vested interest in keeping those victimized out of the courtroom.

According to Hamilton, many in the hierarchy of the Catholic Church have actively and successfully lobbied in numerous states to defeat legislation that even opens a window of opportunity for victims. Yet, she is not guilty of Church bashing. She acknowledges the role that the Church has played in this arena but points to the insurance lobbyists as the primary, albeit quieter, barrier.

So too have teacher unions, some defense attorneys, and finally the many of us who might fall into the category of uninformed public, been complicit in looking out for something or someone other than children who need a voice.

Of the many arguments that Hamilton proposes, one that I support wholeheartedly is those who have been sexually abused are not likely to report their abuse until adulthood and the rate of nondisclosure is estimated to be nearly 90 percent. In my own research I found that over 25 percent of those abused by a priest did not disclose until after that age of 49. Of those abused by someone other than a priest, 28 percent had not disclosed until the ages of 40-49.

The benefits of abolishing the statute of limitations seem obvious. I agree with Hamilton. We will have better knowledge of those among us who have abused children. More children will have greater protection. Finally, members of the clergy are by no means the primary perpetrators of sexual abuse. No organization is exempt and sexual abuse is most often committed by a family member. We must take a stand for the civil rights of our children.

As Hamilton documented, in California, where the statute “window” was enacted, only a small fraction of claims were found to be false and 300 new abusers (by some estimates) were identified. Surely this is worth the cost. Are we in Pennsylvania, like Californians, willing to take a stand in favor of our children? I encourage you to read Hamilton’s book and, more importantly, write a letter in support of House Bill 1574.

Diane Shea, Langhorne, is an adjunct professor at Holy Family University and is a former director of residential services for Elwyn, Inc.

http://www.phillyburbs.com/pb-dyn/news/322-05032008-1528634.html

Abusers, abettors deserve public wrath

Thursday, February 21, 2008

KELLY CLARK and PAUL MONES

The Oregonian series on sexual abuse in the public schools is as important a piece of journalism as the landmark 2002 Boston Globe series on the sexual abuse scandal in the Catholic Church.

Those school districts, administrators, teachers and teacher union representatives — who The Oregonian exposed as turning a blind eye to the pain, suffering and exploitation of children and teens — are every bit deserved of the public’s wrath as the bishops and priests who condoned and conspired to cover up the sexual abuse of children by priests. The power exercised by the teachers union in protecting its own is what dioceses have historically done with respect to predatory priests.

The response of our schools to sexual abuse sounds eerily familiar: confidential settlements, clandestine financial deals and abusive teachers moving from district to district. The actions of the schools are perhaps more egregious because state law requires that parents send their children to school and imposes on schools the legal obligation to protect the health, safety and welfare of children delivered into their care. That’s why the law mandates that teachers and administrators report suspicions of child abuse to appropriate authorities. Tragically, our schools have placed the avoidance of scandal and the good name of a teacher over the protection of children.

Though individual teachers and principals who ignore the complaints and obvious signs of abuse are to blame for this sordid situation, real responsibility also lies with the state Teacher Standards and Practices Commission, which is operating under remarkably naive and myopic rules and regulations. The commission that hears the complaints of abuse should not be in the business of giving second chances to teachers who admit to sex-related offenses with children. Teachers who engage in any sexually predatory behavior with children should not have contact with children. It is a no-brainer. The research is clear: Except in the most rare and unusual circumstances, adults who are attracted to, or sexually aroused by minors, do not typically change their behavior.

The commission can’t even keep up with hearing the complaints. To give it the added responsibility of rehabilitating even so-called "good educators" is foolhardy. As attorneys who have spent our careers protecting children, we abhor the executive director’s cavalier pronouncement that the commission makes discipline decisions based upon "gut feelings."

The message from our public educational establishment is clear: When it comes to the matter of sexual abuse, the first priority is not the children but the teachers.

We heartily support The Oregonian’s recommendations for reforming this abysmal situation; however there are two efforts that can be undertaken right now. First, there must be stringent enforcement of the mandatory reporting laws, which require teachers and school officials to report suspicions of abuse. There is no doubt that fellow teachers, administrators and school districts that ignore such complaints or agree to silent deals to allow predatory teachers to go quietly away are endangering children. Those who do not report their suspicions of abuse to lawful civilian authorities should be prosecuted. The other method that has proven especially effective for the Catholic Church is civil litigation. If there is one thing cash-strapped school districts can ill-afford, it is paying money damages for grossly negligent and reckless behavior.

Kelly Clark is a Portland trial and appellate attorney who has represented plaintiffs in litigation against the Catholic Church, the Mormon Church, the Boy Scouts, public schools, and other "institutions of trust." He is a former Oregon legislator. Paul Mones is an attorney specializing in the children’s rights.

Church wants to write own script

November 14, 2007

BY CAROL MARIN Sun-Times Columnist

Jim Cummins died 18 days before this week’s meeting of the U.S. Conference of Bishops. But if it’s possible to rage in heaven, then surely Jim is raging now at Chicago’s Cardinal Francis George.

Cardinal George, just elected president of the bishops’ conference, is a brilliant man who can be warm, thoughtful and funny. But he can also be dismissive, distant and icy, particularly when it comes to questions of the church’s accountability and transparency on the issue of sex abuse by clergy.

As the bishops met in Baltimore on Tuesday, Sun-Times religion reporter Susan Hogan/Albach broke the story of a letter the cardinal sent earlier this year to parents of a victim. While apologizing for "the terrible abuse" suffered by their now-adult son by two Chicago priests when he was a child, the cardinal combined his heartfelt apology with an equally heartfelt denunciation.

Money, the cardinal wrote, was behind proposed Illinois legislation that would waive the statute of limitations, allowing adults to come forward years after abuse occurred and sue their abusers. "This is irresponsible, is not about the safety of children as the sponsor claims and is clearly, to me at least, about money," George wrote.

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Give victims more time to file sexual-abuse claims

BY MARCI A. HAMILTON
Newsday.com
Marci A. Hamilton is a professor of public law at the Benjamin N. Cardozo School of Law and author of the forthcoming "Justice Denied: What America Must Do to Protect Its Children."

November 9, 2007

Who would have thought that the Oprah Winfrey Leadership Academy in Johannesburg, South Africa, could be a place where girls could be physically and sexually abused by one of the dormitory matrons?

Winfrey, after all, has been a vocal and active advocate for survivors of child abuse, having experienced this horror as a child herself. You can only imagine her anguish when she heard that the institution she created to nurture girls was doing the opposite.

There is a lesson here for everyone: Those who abuse children typically select careers close to them. Whether they choose to be teachers, dormitory matrons, clergy or Boy Scout leaders, they position themselves to have the greatest access to children.

They are scheming and devious to serve their sexual compulsions. Even when the one who is supporting the organization is especially sensitive to child abuse, as is Winfrey, these are people who are very hard to identify.
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