Maryland House votes to remove statute of limitations for child sexual abuse
Maryland State House.
Annapolis, Md. (CNA).- The Maryland House of Delegates has approved a bill to entirely remove the statute of limitations for filing lawsuits related to child sexual abuse.
The House voted 136-2 to advance bipartisan House Bill 687 on to the Senate, the Baltimore Sun reports. The bill would allow victims of child sexual abuse to file a lawsuit at any time, and those previously barred from filing lawsuits would be given a two-year window to do so.
Maryland had already increased the age limit whereon a victim could file a lawsuit from 25 to 38 years old. The change was made two years ago.
The sponsor of the bill, Maryland delegate C.T. Wilson, cited his own sexual abuse as a child by his foster father, as well as the Grand Jury report that detailed cases of clerical sexual abuse in Pennsylvania, as reasons he supports removing the time limit for when victims can file suits. He told the Washington Post that he thinks the bill is unlikely to be approved by the Senate.
That's a little surprising considering that there are twice as many Democrats as Republicans in the Senate. You just never know who the Catholic Church and their insurers have in their pockets.
Lawmakers are considering bills that would extend statutes of limitations in several other states.
On March 7, North Carolina’s Attorney General Josh Stein unveiled legislation called the SAFE Child Act, which has gained bipartisan support in the state legislature. The bill would extend the statute of limitations for misdemeanor child abuse from its current two years to 10 years. It would allow victims of child abuse to pursue a civil lawsuit against the abuser until age 50, rather than the current limit of age 21, and would ban high-risk sex offenders from contacting minors on social media.
Sounds weak enough, it just might pass the Senate.
A New Jersey bill, which the state’s Senate passed March 14, would allow child victims of sexual assault to file civil lawsuits until they turn 55 or until seven years from the time they become aware of the injury, whichever comes later. Adult victims of sexual assault would have a seven-year time frame after the incident to file a civil lawsuit, or until seven years after they become aware of the abuse, the Wall Street Journal reports. The bill would also create a one-time two-year legal window for civil complaints for anyone previously barred from filing civil actions.
I like this bill.
New York recently extended its statute of limitations and created a one-year period during which those who were previously barred to bring their case to court may file lawsuits.
Jammu: Over 2000 kids run to create awareness against child abuse
Press Trust of India | Jammu
Over 2000 children, between the age group of two and ten years, Sunday took part in a 'Kids Marathon' to create awareness against child abuse here, an official said.
Organised by Samagra Shiksha and the State Sports Council at the University of Jammu ground, the marathon was inaugurated by advisors to the Jammu and Kashmir Governor, K Vijay Kumar and Khurshid Ahmed Ganai.
Both the officials called for the need to celebrate running to promote physical fitness and highlighting the importance of a safe and healthy environment for children.
They also appreciated the organisers for choosing a healthy way to create awareness about the menace of child abuse in the society.
Kumar and Ganai said that the first step towards ending the cycle of child abuse and neglect is spreading awareness and educating the public.
They lauded the initiatives of Director of Samagara Shiksha Arun Manhas and J-K sports council and advised all the stakeholders to continue the momentum built by the event to eradicate the evil of child abuse.
Manhas apprised about the various initiatives undertaken by the directorate for the benefit of the children and kids with special needs.
He spoke about the importance of creating awareness in the society about child abuse which is not only limited to sexual assault but also to physical and socio-emotional abuses.
"The same is required to be eradicated to lay the foundation of a society in which the children can have a safe future," he said.
And they cannot have a healthy future without a safe present.
Jammu and Kashmir are light-years behind most of the rest of the world in awareness of and in combating child sex abuse. While this may be considered a baby-step, it is, at least, in the right direction.
Martial arts star teaches coping skills to
Philippines child sex abuse survivors
by Ayee Macaraig, AFP
Abandoned and sexually abused as a young girl, Angelica, like thousands of minors in the Philippines—a global blackspot for child abuse—struggled to cope with the horrors of her past, but a new campaign run by a sporting champion is giving her and other survivors fresh hope.
DEFENSE METHOD. This photo, taken April 2, 2019, shows jiujutsu world champion Meggie Ochoa of the Philippines (right) sparring with a young opponent during a session at a gym in Manila. Ochoa is teaching self-defense to victims of sexual abuse to give them tools to better recover from the trauma and to better protect themsevles futurely. AFP
Children’s charities have branded the Philippines a key hub for both the live-streaming of child sex abuse and for sex tourism, estimating that 60,000-100,000 children are involved in prostitution rings.
“Some of the kids that I’ve gotten to know... they saw themselves as worthless because of what they experienced. For me that’s so heartbreaking,” the jiu-jitsu world champion told AFP of her decision to launch advocacy campaign Fight to Protect.
In just two years, she has taught hundreds of sex abuse survivors. She offers two courses—one for those who wish to learn the sport, and another focused purely on self-defense.
“Jiu-jitsu taught me to be disciplined, confident and to face my fears,” Angelica, now aged 15, told AFP. “I can face the problems I encountered before and I am now comfortable interacting with people,” she added.
Poverty in a nation where tens of millions get by on less than $2 per day, as well as increased internet access and fluency in English, make the Philippines vulnerable to both online and real-world sexual predators.
Advocacy and legal aid group International Justice Mission (IJM) says Philippine children are at risk of being forced into live streamed sex abuse, where paedophiles pay to direct so-called “shows” online.
“Easy access to the web and money transfer services make the country a global hotspot for this problem,” said IJM, noting that it is often parents or family members that organize or even commit the abuse.
Children’s charity Terre des Hommes drew attention to the problem using a computer-generated girl nicknamed “Sweetie” that hung out in chatrooms and was approached by about 20,000 people—mostly men—in a matter of weeks.
“It’s just horrible, not just sexual exploitation but also sexual abuse which is happening in the homes of many Filipino children. I was just so bothered,” Ochoa explained. “There’s so much that can be done. The sport actually gave me a voice,” the 28-year-old added.
Competing in a relatively new sport for her basketball-mad country, Ochoa made history as the first Filipino to win a gold medal at the Jiu-Jitsu International Federation World Championships in Sweden last year.
She is also a three-time world champion in another federation and a bronze medalist at the 2018 Asian Games.
A figure of national sporting pride, Ochoa realized she could use her success to help others after reading about Karla Jacinto, a young Mexican girl who estimated she was raped 43,200 times.
She was horrified to find there were likely many victims in the Philippines, too.
“Somehow part of me felt guilt,” Ochoa explained, adding: “I’m doing jiu-jitsu. I am pursuing my dream and yet this is happening.”
Critics have long seen possible pitfalls of teaching self-defense to those who have been abused, including the risk of re-traumatizing victims by exposing them to close bodily contact. But similar initiatives around the world in recent years have won plaudits, including one by American Olympic judo athlete Kayla Harrison, herself a victim of abuse by her coach.
Taekwondo black belt Lina Khalifeh, a Jordanian, has taught self-defense to thousands of women. Her work prompted a 2015 invite to the White House from then-US president Barack Obama.
Ochoa says jiu-jitsu can help abuse survivors because it is a discipline where technique trumps size, noting her “five feet small” frame is effective even against much larger opponents.
Also, the grappling aspect of the sport helps the act of touching another person feel normal again. “For somebody that has gone through that kind of trauma specifically, it makes you more comfortable with the right kind of contact... Contact that is not abusive,” she said.
One of the most devastating and long-term impacts of sexual abuse is the destruction of victims’ self-worth, which can be a barrier for them taking on risks or challenges.
She has seen it first-hand with her students, especially one girl who has thrown herself into training and then competition. Ochoa said.”When she competed, the heart is there. She wouldn’t give up. But what struck me is even after she would lose, she would say ‘It feels so good to fight.’”
IRISH TV HOST HOLLY WILLOUGHBY FIGHTS BACK TEARS AS CALLER OPENS UP ON SEXUAL ABUSE AS A CHILD
It's not obvious that this story belongs in the category of 'positive news', but the very idea of a TV Call-In show that allows people to share their story of child sex abuse is wonderful. So much good can, and should, come out of this show. I hope it is made a regular event and that it is recreated all over the world.
By Emma Costello Holly Willoughby was fighting back tears as she listened to a caller’s child abuse secret.
The This Morning host sat beside Phillip Schofield as they listened to a woman, who gave the name Anna, detail the sexual abuse she received.
Holly, 38, teared up as she listened to Anna who said she was scared at how people would react and if people would believe her.
Holly and Phil listened to callers speak about sexual abuse. Pic: ITV/This Morning
The daytime show’s segment allows people to call in and speak, and Wednesday’s show allowed callers to talk about their harrowing experiences with child abuse in the hope it would lead them to get help and eventually closure.
Holly was too upset to talk as Phil, 58, read out that Anna said she had been abused by her uncle when she was a little girl and had kept it a secret for 30 years.
With them was psychologist Emma Kenny (left) who talked to the callers on how they may be able to heal from their trauma. Pic: ITV/This Morning
She told Holly and Phil that she still has to see her abuser every day.
Psychologist Emma Kenny told her that seeing her uncle every day needed to stop as soon as possible.
She said: ‘This is the first step. Can you imagine yourself sitting down with your husband and telling him, “I’ve acknowledged this. This is my truth, I don’t need solutions, I just need you to listen.”
‘Because this is not your shame or your pain to carry around.’
They also heard from ‘Pete’ who revealed he was raped as a child. Pic: ITV/This Morning
They also spoke with ‘Pete’ who said he was raped when he was a child and has tried to commit suicide nine times due to trauma.
Emma said: ‘This is day one of how things change. You can not manage on your own, you need help. Recognise this pain you are carrying, this shame is not yours it is something that has been given to you.
‘You are remembering it as the victim, as a child, you are an adult now. You deserve to be here.’
Former I’m A Celebrity… Get Me Out Of Here! contestant Rebekah Vardy appeared on Wednesday’s show to talk about her experience with sexual abuse as a child.
She told Holly and Phil that she still feels ‘guilty’ about withdrawing her police statement about her abuser.
Rebekah, 37, said: ‘There is part of me that does feel a bit guilty. Part of me thinks that he’s got away with it. Maybe he thinks that it’s in the past and if I was gonna do something I would have done it by now.’
The mum-of-four added: ‘It was the fear of being judged, not being believed. I went to the police with my dad and made a statement, but I was so… I didn’t know what to do.
She told Phil, Holly and Emma that she uses therapy as a ‘coping mechanism’.
Pic: Ken McKay/ITV/REX/Shutterstock
‘I’d been made to feel like it was my fault, it didn’t happen and it was in my head. I withdrew my statement out of the sheer fear of no one wanting to believe me.’
She revealed that she later went to therapy after suffering from post-natal depression, where she also discussed her abuse.
Rebekah said she used therapy as a ‘coping mechanism’ but admitted that ‘at times I think I want to make that person suffer’.
New facility helps Alaska's abused children tell their story
By: Lauren Maxwell
Providence Alaska Medical Center is preparing to open the doors on a brand-new facility, where children who have experienced sexual or physical abuse can be interviewed and examined.
Alaska CARES is a child advocacy center that houses multiple child protection agencies under one roof, including law enforcement and mental health professionals.
Bryant Skinner, the center's director of forensic services, said Alaska CARES saw about 1,000 children per year at its former facility.
The new $12 million facility is designed with kids in mind, including colorful murals on the walls and furniture that adjusts to children's heights. The idea is to provide a safe and comforting environment, which minimizes the trauma young victims may already be experiencing.
"Where they feel safe. Where they feel like they are listened to and people treat them with compassion, and really that they feel comfortable enough to actually disclose about the abuse they are suffering through," said Skinner.
Alaska CARES has "talking rooms" and "listening rooms." In talking rooms, children can share their story with a single interviewer while cameras provide live access to law enforcement and advocates in another room.
"It does limit the trauma for children having to tell their story over and over," Skinner said.
Dr. Cathy Baldwin-Johnson, Alaska CARES' medical director, said children who require physical exams for evidence purposes often feel relieved.
"For many children, the exam is kind of one of the first steps that they take towards healing, because they are able to tell and have somebody listen to what has happened to them," Baldwin-Johnson said.
She added that the exams can also relieve the anxiety some children feel after they have been sexually abused.
"I've had little girls that were really worried they'd never be able to get married, never be able to have babies," Baldwin-Johnson said. "So it was just so reassuring to them to know that really, they are going to be OK."
Alaska CARES sees children from two months to 18 years of age, but the facility isn't limited to children. The building also houses Providence's Forensic Nursing Services, which means that adult victims of sexual assault and domestic violence may be examined there as well.
Montana lawmakers aim at sex crimes, human trafficking
Shaylee Ragar, UM Legislative News Service / University of Montana School of Journalism
HELENA -- Missoula detective Guy Baker investigated and caught a pimp for the first time in 2010, and the man was prosecuted for human trafficking.
But, he didn’t get a prison sentence.
The following year, the pimp, Terrence Edwards, was charged with forcing two more women into sexual slavery. This time, Edwards served five years for his crimes. Shortly after his release, he started pimping again.
Detective Guy Baker says he has investigated 50 cases of human trafficking in Montana since 2014. (Photo: SHAYLEE RAGAR)
“Unless they’re in prison or dead, (pimps) will find a way to exploit young women,” Baker said.
Edwards was sentenced to 30 years in prison last year for human sex trafficking.
Policymakers at the state’s Legislature are considering a number of bills this session that attempt to close gaps that allow abusers and traffickers to walk free. Proposals include adding stricter regulations for massage parlors (which can sometimes be fronts for brothels), harsher penalties for sex traffickers and eliminating the statutes of limitations for prosecuting perpetrators of child sexual abuse.
Montana has been working on this issue since 2013, with legislation enacted that strengthened the laws dealing with trafficking and others that launched public awareness campaigns about the issue. During the 2015 session, Rep. Kimberly Dudik, D-Missoula carried House Bill 89 at the request of Attorney General Tim Fox, which altered human trafficking policy. Lawmakers want to build on that progress this session.
The International Labor Organization estimates that at any given moment, more than 40 million people are living as modern-day slaves. The organization also reports that human slavery and trafficking generates $150 billion annually, making it the second most lucrative criminal industry behind drug trafficking, according to the U.S. Department of Homeland Security.
Human slavery is lucrative because people are a “reusable resource,” unlike drugs, Baker said.
Baker, who also works with the Federal Bureau of Investigation, said people assume human trafficking and sexual slavery don’t happen in a sparsely populated state like Montana, but that’s just not true. He said he’s worked 50 cases of human trafficking since 2014.
“This is happening in Montana, and it’s happening in Montana every single day,” Baker told a panel of lawmakers last week.
Closing loopholes
Baker was speaking in support for Senate Bill 147, which is carried by Sen. Margie MacDonald, D-Billings. The Senate voted to advance the bill 49-1 last week and the House Judiciary Committee moved it to the full House Friday on a 19-0 vote.
One section of the policy would eliminate victim’s consent as a defense for human traffickers in cases when victims have been coerced or otherwise fraudulently persuaded into participating in sexual slavery.
The most common misconception about women who are forced into sexual slavery is that they are the same as prostitutes -- women who chose sex work as a profession, Baker said. He said this could not be further from the truth, that women who are trafficked often have no choice but to say yes to sex work or face violent retaliation.
Baker said traffickers find ways to cut victims off from their family and the outside world. Even if they aren’t physically restrained, Baker said these women are often manipulated through fear and isolation.
“The chains on these girls are psychological,” Baker said.
Baker said that nationally, traffickers target kids between ages 12 and 14, and that youth who are homeless, have been previously abused and or in foster care are most vulnerable to trafficking.
Stephanie Baucus is an attorney who helped create the Yellowstone County Area Human Trafficking Task Force and helped draft SB 147, which would also require harsher penalties for traffickers than what’s in practice now. While human trafficking happens in all of Montana’s major cities, Billings is known to be a hub for forced sexual slavery, Baucus said.
Baucus sat on a human trafficking task force in Washington, D.C. and was a liaison to the U.S. Department of Justice before moving to Billings and helping to create the task force. She said the group is focused on prosecution of perpetrators, protection of victims and vulnerable individuals, and prevention of further trafficking.
Stephanie Baucus, an attorney in Billings who helped found the Yellowstone County Area Human Trafficking task force, testifies in support of Senate Bill 147. (Photo: SHAYLEE RAGAR)
“We should really be focused on redressing harm,” Baucus said.
Baucus said it’s difficult to understand the extent of this criminal industry in Montana because there is a lack of data, resources and funding to track human trafficking. However, Baucus said research does show that mental illness, addiction, abuse, foster care and homelessness make youth more vulnerable to trafficking.
Baucus said 14- to 15-year-old girls are sold for sex for up to $900 an hour in Billings.
The task force is attempting to close the gaps not only in the law, but in resources. It’s created a network of agencies, law enforcement and advocacy organizations in attempt to stop the cycle of vulnerable persons who fall into a cycle of violence and abuse.
“Humans can be abused over and over again,” Baucus said.
Indeed, one Mexican girl believes she was raped 43,200 times!
MacDonald, the sponsor of SB 147, said it will give prosecutors the tools they need to charge traffickers and abusers, without further criminalization of victims. The senator said she’s honored to carry this legislation.
“It’s one of the reasons you run for office, to make this kind of difference,” MacDonald said.
Sen. Margie MacDonald, D-Billings, is carrying Senate Bill 147, which would make penalties harsher for human traffickers and change consent laws. (Photo: SHAYLEE RAGAR)
MacDonald said the prolific nature of this crime is indicative of government failure to provide social safety nets for those who are born into abusive and violent environments. She said better funding for public education and the state’s child and family protection division could also help mitigate the risks for human trafficking.
Regulations on massage parlors
Another bill aims to enhance regulation of massage parlors and complements the efforts of MacDonald's proposal.
One section of SB 147 would criminalize any sexual activity in massage parlors that offer so-called “happy ending” massages and which can sometimes serve as fronts for human trafficking rings.
Rep. Daniel Zolnikov, R-Billings, is carrying House Bill 749, to address the same issue. He said restaurants have stricter inspection and licensing requirements than massage parlors, even though some massage parlors -- particularly the ones that offer sexual services -- are much more likely to harbor criminal activity.
The bill would require massage parlors to conspicuously display the license of each massage therapist, and would require law enforcement to inspect any massage business during operating hours to ensure compliance.
“On the criminal side, it can be hard to prosecute, but it makes sense to regulate and shut down a business that’s engaging in illegal activity,” Zolnikov said.
The bill would also allocate more than $500,000 from the state’s general fund to establish a two-person human trafficking team. Currently, the state only has one full-time law enforcement officer dedicated to human trafficking.
“This country is founded on life liberty and the pursuit happiness, and these (victims) have none of that,” Zolnikov said.
HB 749 passed the House 94-5 and will move to the Senate for more debate.
When Prevention and Regulation Fail
There are cases of sexual abuse that slip through the cracks, partially because they can be hard to prosecute, but also because sometimes victims aren’t able to or don’t report crimes right away. Prosecutors are limited in time when it comes to charging perpetrators with sexual abuse, which creates another loophole for abusers to walk free.
Rep. Shane Morigeau, D-Missoula, is an attorney for the Confederated Salish and Kootenai Tribes and is carrying House Bill 640. It’s not so much directed toward human trafficking, but is similar in its pursuit to prosecute abusers.
Rep. Shane Morigeau, D-Missoula, is sponsoring legislation that would amend statute of limitation laws. (Photo: SHAYLEE RAGAR / UM LEGISLATIVE NEWS SERVICE)
Morigeau said research shows some victims of childhood sexual abuse don’t report abuse for decades, and that Montana law should account for that.
“I’m hopeful this can get us to a place that reflects our understanding of trauma and delayed reporting,” Morigeau said.
An example of this is the case of James “Doc” Jensen (7th story on link), a former athletic trainer in Miles City who was accused of sexual abuse in the fall of 2018 by students he worked with in the 1970s through 1998. Many of those victims are not be able to press criminal charges because of statute of limitations.
HB 640 would eliminate the statute of limitations for criminal sex abuse cases, and extend the statute of limitations for civil suits brought by victims.
Jensen’s daughter, Kristen Newby, spoke in a Senate hearing in support of Morigeau’s bill last week. She said her father was able to take advantage of students for decades without getting caught.
“That case is every reason why that bill is so important,” Newby said.
The bill also includes some mandatory reporting requirements, which advocacy groups opposed during the same hearing. Sen. Diane Sands, D-Missoula, said she would bring amendments for that section. Sands said victims need safe places to discuss their abuse without the pressure of mandatory reporting to law enforcement.
HB 640 has earned bipartisan support and passed the House 96-2.
For professionals like detective Baker working in the field, creating awareness and dispelling stigmas about human trafficking and sex abuse is a top priority. And when that doesn’t cut it, Baker wants the law to be clear and harsh on this criminal industry.
“I would love Montana to have such strict laws that these traffickers would avoid Montana,” Baker said.
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