Violence Against Children Act 2006 A Matter of Truth & RThe Violence Against
Children Act of 2006
We are into the fifth year of the Catholic Church's sexual abuse debacle. Allegations by survivors continue to surface and settlements struggle through the court system. The Statutes of Limitations in most American states prevent survivors from having their day in court and the Catholic Church continues to lobby vigorously against changing the statutes. Until survivors can have their day in court, the American public will not truly understand the depth of corruption that exists within not only the Roman Catholic Church but other religious institutions that also cover up abuse.
Yet the Catholic Church is not the only religious institution involved in the sex abuse of kids. Other sexual abuse cases from other religious denominations have been reported and have also made national headlines. The one common denominator within all religious denominations is the secrecy with which each religious institution hides and covers up their sex crimes against children. This must stop.
In the Catholic Church deep cognitive dissonance exists between what American Catholic Bishops say and what they do. For example, bishops profess to uphold The 2002 Charter for the Protection of Children and Young People, yet use their power to vigorously lobby opposition to changing the Statutes of Limitations, as well as oppose "look back" time for survivors to have their day in court. This say-one-thing but do another MO of Catholic Bishops and other religious leaders identifies them as both anti-child and pro-perpetrator.
Some may find this statement shocking. It is not. What is shocking, however, is the passivity of religious people—and law-makers—some of whom support bishops and other religious leaders by aggressively opposing any change in the laws to protect children. What is also shocking is that 11 United States bishops out of the 22 Roman Catholic bishops worldwide who have been removed from their positions by the Vatican, have NOT been held accountable under any law in the United States.
THE VIOLENCE AGAINST CHILDREN ACT of 2006 must become law.
Until this happens all religious institutions will continue to enjoy a privileged position that holds both religious institutions and their leaders above and beyond the scope of American law. The separation of Church and State was never intended for this abuse of power. The American public has yet to hear the full extent of the sexual abuses of children and the wicked— and criminal—coverups by the hierarchy.
While no one wants to think that the leaders of America's religious institutions are anti-child and pro-perpetrator, reality tells a different story. Judith Herman writes: "It is very tempting to take the side of the perpetrator. All the perpetrator asks is that the bystander do nothing. He appeals to the universal desire to see, hear and speak no evil. The victim, on the contrary, asks the bystander to share the burden of pain. The victim demands action, engagement and remembering."
It is time to demand action, to become engaged and to remember that unless we act now, history will continue to repeat itself and subsequent generations of children will suffer at the hands of sexual perpetrators and those who coverup their crimes.
While we support two petitions in particular, A Matter of Truth Petition and The RICO Campaign for Survivor Justice Petition directed at securing federal governmental hearings and a federal RICO investigation, petitions alone are not enough. Legislation must pass that will better protect all children, prevent religious institutions from getting away with sex crimes against kids and bring them to certain accountability.
Marci A. Hamilton, who holds the Paul R. Verkuil Chair in Public Law at the Benjamin N. Cardozo School of Law, Yeshiva University, and has recently written, God vs. the Gavel: Religion and the Rule of Law (Cambridge University Press 2005), understands it's time for substantive change. She has authored
THE VIOLENCE AGAINST CHILDREN ACT OF 2006.
THE VIOLENCE AGAINST CHILDREN ACT of 2006
Purpose: To better protect children from childhood sexual abuse, to better inform and warn the people of sexual predators who prey on children, and to better ensure that perpetrators and those who facilitate such abuse are deterred and punished.
(1) Establishment of an easily accessible national register of those who have been convicted of the crime of childhood sexual abuse, or related crimes, and of reported civil cases involving claims of childhood sexual abuse.
shall create and maintain a database of information on all persons in the United States convicted of or charged with crimes of childhood sexual abuse, which will be funded by Congress on an annual basis with an amount sufficient to make the database comprehensive and easily available and accessible to the public, including:
(b) information on the identity of those who are convicted of crimes of childhood sexual abuse.
(c) information on pending charges or indictments involving crimes of childhood sexual abuse.
(d) tracking of interstate movement of persons convicted of childhood sexual abuse crimes, including the transportation of underage girls for the purpose of marriage and statutory rape.
(e) a register of all civil cases filed involving charges of childhood sexual abuse.
(3) Conditions on federal spending for health to encourage states to enact legislation necessary to protect children from childhood sexual abuse. The effects of childhood sexual abuse cost the United States health care system millions every year. States that do not deter childhood sexual abuse through reasonable statutes of limitations on criminal prosecution and civil liability are adding to the burdens already placed on federal health funding. The Secretary shall withhold ___ per centum of the amount required to be apportioned to any state under on the first day of each fiscal year immediately following a year in which the state has not enacted the following minimum provisions necessary to ensure basic protection of children against abuse:
(b) abolition of statutes of limitations under state law for all criminal prosecution and all civil claims arising out of incidents of childhood sexual abuse;
(c) retroactive abolition of statutes of limitations under state law for a minimum of two years for all civil claims arising out of past incidents of childhood sexual abuse, to be effective through at least X years from the date of enactment of this act;
(d) mandatory reporting by all professionals, including clergy, of any personal knowledge of child abuse gained within the scope of their employment; and
(e) reporting of data on all persons convicted of or charged with child abuse crimes and on relevant civil cases to the agency referenced in (1).
(4) Revocation of tax-exempt status for organizations furthering child abuse. Tax-exempt status for a charitable organization under the Internal Revenue Code shall be revoked by the Internal Revenue Service from any organization if it is found by a court of law in a civil or criminal case that the organization:
(a) Fostered or enabled the abuse of children,
(c) Took steps to conceal the abuse of children within the organization, OR
(d) Failed to report knowledge of childhood sexual abuse to the relevant law enforcement authorities.
(1) Civil RICO amendment to deter organizations from harboring child abusers, hiding child abuse, or recklessly disregarding child abuse. The first sentence of Section 1964(c) of the Racketeer-Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961- 1965 is amended to read as follows:
‘Any person injured in his business, property, or person who is a victim of childhood sexual abuse by reason of a violation of section 1962 of this chapter may sue therefore in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney's fee, except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities to establish a violation of section 1962.’
(6) Criminal RICO amendment to deter organizations from harboring child abusers, hiding child abuse, or disregarding child abuse. The first sentence of Section 1961 (1) (A) of the Racketeer-Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961- 1965, is amended to read asfollows:
'As used in this chapter <18 USCS §§ 1961 et seq.>--(1) "racketeering activity" means (A) any act or threat involvingmurder, kidnapping, gambling, arson, robbery, bribery, extortion,dealing in obscene matter, childhood sexual abuse, or dealing in acontrolled substance or listed chemical (as defined in section 102 ofthe Controlled Substances Act <21 USCS § 802>), which is chargeableunder State law and punishable by imprisonment for more than oneyear;
For further information, contact Professor Marci Hamilton, Cardozo School of Law, hamilton02@aol.com; Barbara Blaine, SNAP, snapblaine@hotmail.com; John Harris, A Matter of Truth, JWHarris57@aol.com; Pauline Salvucci, Voices of Outrage, voices@psalvucci.com.
You can help to pass this legislation. Updates will appear on this page as the process develops so bookmark this page and check in periodically to see how you can help. But be patient, we are just beginning and the process takes a long time. Check out How Our Laws Are Made.
Right now you and your family and friends can help. Please sign these petitions: A Matter of Truth Petition and The RICO Campaign for Survivor Justice Petition.
Visit this page and keep tabs on the progress of the VIOLENCE AGAINST CHILDREN ACT of 2006. And, of course, when the times comes, support this legislation into becoming law. Please, help us protect kids.
Your voice counts. Don’t ever doubt it.
To Sign Petitions please go to :
http://www.voicesofoutrage.com/violence-against-children-act.html
E-mail: voices@psalvucci.com
Resigned Bishops Include
Resigned Bishops Include:
22. Austria - Bishop Kurt Krenn, St. Poelten, resigned after authorities found up to 40,000 lurid pornographic images, including child pornography, on computers at the seminary located in his diocese. (Resigned September 30, 2004)
21. U.S. - Bishop Thomas Dupre, 70, Springfield, Mass., resigned a day after newspapers published allegations that he sexually abused 2 young altar boys in the 1970s over an extended period of time. In September 2004, the district attorney announced he would not prosecute Dupre due to the expired statute of limitations. Both victims are suing him and the diocese. (Resigned Feb. 11, 2004)
20. U.S. - Archbishop Bernard Law, 71, Boston, Mass., finally resigned after the protracted scandal over his cover-up of criminal pedophile priests, after hundreds of victims came forward, the Massachusetts attorney general accused the archdiocese of an "elaborate scheme" to shield abusive priests, court subpoenas, etc. Retained his position as cardinal. (Resigned Dec. 13, 2002)
19. Argentina - Archbishop Edgardo Storni, Santa Fe. He resigned after mounting pressure from judicial probes after being accused of sexually abusing teenaged seminary students. (Resigned September 25, 2002)
18. U.S. - Auxiliary Bishop James McCarthy, Archdiocese of New York, stepped down after admitting to several affairs with adult women. (Resigned June 11, 2002)
17. U.S. - Bishop J. Kendrick Williams, 65, Lexington, Ky., resigned after being named in civil lawsuits by three plaintiffs alleging sexual abuse, including a former altar boy, then age 12. (Resigned June 11, 2002)
16. U.S. - Archbishop Rembert Weakland, 75, Archdiocese of Milwaukee, Wis., requested an "expedited" acceptance of his retirement, after he was publicly exposed for paying $450,000 of archdiocese funds as hush money in 1998 to a man who accused him of a 1979 "date rate." (Resigned May 24, 2002)
15. Germany - Franziskus Eisenbach, Diocese of Mainz, 58. Although denying charges, he was accused by a woman of sexual abuse and injuring her during an exorcism. (Resigned mid-April 2002)
14. Ireland - Bishop Brendan Comiskey, Diocese of Ferns. He quit after a BBC documentary aired in March showing his role in covering up for pedophile priest Rev. Sean Fortune. (Resigned April 1, 2002)
13. Poland - Archbishop Juliusz Paetz. Accused of molesting seminarians, he averred, "Not everyone understood my genuine openness and spontaneity toward people." (Resigned March 28, 2002)
12. U.S. - Bishop Anthony J. O'Connell, Palm Beach, Fla. He admitted to making a secret settlement with a minor whom he abused in Missouri. The victim had sought counseling from O'Connell after being molested by 2 other priests. (Resigned March 8, 2002)
11. U.K. - Archbishop John Aloysius Ward, Cardiff, Wales, for ordaining a man accused of assaulting a boy, among other accusations he denied. (Resigned October 2001)
10. U.S. - Bishop G. Patrick Ziemann, Santa Rosa, Calif. He admitted to a sexual relationship with a priest who said Ziemann extorted sexual favors. (Resigned July 1999)
9. U.S. - Bishop Joseph Keith Symons, Palm Springs, Fla. He sexually abused 5 teenage boys while a parish priest. (Resigned 1998)
8. Austria - Cardinal Hans Hermann Groer, Archbishop of Vienna. Fellow bishops substantiated molestation charges. (Resigned 1998)
7. Australia - Bishop Ronald Mulkearns, Bullarat. He retired amid accusations he failed to protect altar boys from a pederast priest, who pleaded guilty to 46 offenses against 20 boys and one girl. (Resigned June 1997)
6. U.S. - Archbishop Roberto Sanchez, Santa Fe, N.M. He admitted to "relationships" with 3 teenage girls; others alleged abuse. (Resigned 1993)
5. U.S. - Bishop Joseph Ferrario, Honolulu, Ha. Molestation charges, which he denied, were made against him. (Retired 1993)
4. Ireland - Bishop Eamonn Casey. He fathered a child and used church funds to pay off the mother. (Resigned 1992)
3. Canada - Bishop Hubert O'Connor. He was accused and later convicted of molesting teens at boarding schools. (Resigned 1992)
2. U.S. - Archbishop Eugene Marino, Atlanta, Ga. He was involved in scandal involving a young woman, who said the "relationship" began by rape. (Resigned 1990)
1. Canada - Archbishop Alphonsus Liguori Penney, Newfoundland. Knew about sexual and physical abuse of boys at Mt. Cashel orphanage for 10 years but did nothing (20 priests and layworkers were arrested and convicted). (Resigned 1990)