Child Abuse Advocates Attempt To Build Support For Changing New York Abuse Law

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Child Abuse Advocates Attempt To Build Support For Changing New York Abuse Law
Child Abuse Advocates Attempt To Build Support For Changing New York Abuse Law

Shaun Dougherty has been working actively to bring attention to the statutes of limitations applicable to child sexual abuse cases in the two states of Pennsylvania and New York.

Several activists including Dougherty  hope to remove the criminal and civil statues for abuse applicable in Pennsylvania and also introduce a retroactive window for cases that deal with alleged past abuse.

Dougherty became involved in the issue after he allegedly suffered sexual abuse at hands of a priest, a case that was included in grand jury report dealing with the Roman Catholic Diocese of Altoona–Johnstown covering up the problem for decades.

Victims of child sexual abuse can file civil claims in Pennsylvania until they turn 30 and file criminal claims until age 50.

Dougherty has additionally also joined up the ongoing effort to change New York’s statutes.

Building Support For New Bill In New York

Dougherty recently attempted to raise support for House Bill 612 –  a bill that seeks to bring in changes to the state’s statute  of limitations – by visiting New York legislators and giving telephone interviews.

He said that the aim was to target individual senators who haven’t yet expressed support for the change in statute of limitations and the introduction of the retroactive window.

Marci Hamilton, a top advocate for the prevention of child abuse, has joined him in the efforts. Hamilton is the founder of Child USA, an organization that “identifies the laws and policies that harm our children” and conducted “relevant” research.

If Approved New York Would Be A Pilot Model

Hamilton highlighted that at this point it would be good to have a pilot model in New York since the momentum for the changes had “died down” in Pennsylvania , due to the focus shifting to the grand jury investigation being conducted by Pennsylvania Office of Attorney General into allegation of sexual abuse across multiple dioceses of the state.

According to Hamilton, Child USA is, “now stepping forward to lead the way” for people looking to remove the state’s statute of limitations.  The issue is expected to dealt  by the Legislature in 2018.

A major concern of Daugherty is that, if the Pennsylvania fails to change its laws regarding child abuse, while other states do so, it might increase the risk of the state becoming  “a sanctuary state for pedophiles.”

Those opposing the retroactivity feel it violates the remedies available in one of Pennsylvania Constitution’s clauses that lay down that the courts remain open for all seeking remedy for any injury done to that person. Adding a retroactive window has so far been opposed by Insurance Federation of Pennsylvania and the Catholic Church.

Cases Continue Being Dismissed Under Statute of Limitations

In a recent case, the commonwealth’s statutes of limitation again came into play in a case involving the Altoona-Johnstown Diocese.

Blair County Judge Jolene Kopriva dismissed a lawsuit filed against Rev. Charles Bodziak, highlighting that the statute of limitations had expired in regards to child sexual abuse incidents that are said to have occurred in the 1970s.

The statutes prevented charges being brought against any priest as a result of the grand jury report.

Similarly, charges filed against Rev. Anthony “Giles” A. Schinelli, the minister provincial for the Third Order Regular, Province of the Immaculate Conception between 1986 and 1994, for conspiracy and endangering the welfare of children were dropped since the statute of limitations had been reached.

Schinelli has been accused of providing Brother Stephen Baker with assignments where he would have access to children despite knowing that the priest had been accused of abuse.

 

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