by Timothy Lytton
December 7, 2009
Huffington Post

News Coverage of Cardinal Edward M. Egan’s cover up of clergy sexual abuse in the 1990s while he was the bishop of Bridgeport would be shocking if it weren’t so familiar. The list of high ranking Catholic Church officials who failed to report credible allegations of child sexual abuse by priests to law enforcement includes the most prominent prelates of this generation: Cardinal Joseph Bernadin in Chicago, Cardinal Bernard Law in Boston, Cardinal Anthony Bevilacqua in Philadelphia, and Cardinal Roger Mahony in Los Angeles.

The Egan case does, however, highlight one feature of this ongoing scandal that is frequently overlooked: the role that civil lawsuits have played in uncovering most of what we know about clergy sexual abuse in the Catholic Church and in motivating Church officials to address the problem.

To begin with, plaintiffs’ have lawyers compelled Church officials to produce secret files concerning abuse allegations and to provide sworn testimony about their own failures to adequately address the problem. Media reports about Cardinal Egan’s failures in Bridgeport are based on more than 12,000 pages of memos, church records, and testimony from 23 lawsuits against the diocese. Indeed, most media coverage of the scandal–dating back to the early 1980s–has been based on these types of litigation documents.

Civil lawsuits have also shaped our understanding of the clergy sexual abuse scandal as an institutional failure on the part of Church leaders. Throughout the scandal, some within the Church have attempted to focus attention exclusively on the perpetrators, suggesting that clergy sexual abuse is merely a matter of "a few bad apples." Others have argued that the whole matter has been blown out of proportion by plaintiffs’ lawyers and their clients seeking to make money off of the scandal by filing lawsuits. One also frequently hears suggestions that news coverage of the scandal is motivated by anti-Catholic media bias. Indeed, Cardinal Egan’s successor, Archbishop Timothy Dolan leveled this very accusation against the New York Times this fall.

By contrast, civil lawsuits have focused attention on the failures of Church officials. Plaintiffs’ lawyers sue large institutional defendants because they are better able to pay large settlements and judgments, and so clergy sexual abuse lawsuits have emphasized the failure of diocesan officials–especially bishops–to protect children from known abusers.

Media coverage of the scandal has been heavily influenced by this framing of clergy sexual abuse as an institutional failure on the part of Church officials. Litigation and trials have traditionally provided the type of drama that makes them attractive to journalists seeking to draw in readers. In addition, documents filed in court and sworn testimony provide the kind of credible sources of information that journalists like to rely upon.

By framing clergy sexual abuse as a problem of institutional failure on the part of Church officials, civil lawsuits have also motivated dioceses around the country to institute new programs to prevent sexual abuse before it occurs and to report credible allegations of sexual abuse when it does happen. The U.S. Conference of Catholic Bishops reports that over 90 percent of dioceses have instituted such programs and have trained over 7 million people in preventing, investigating, and reporting child sexual abuse.

It is inconceivable that so many U.S. bishops would have instituted such ambitious efforts to address clergy sexual abuse in the absence of the intense media coverage and public attention generated by civil lawsuits–not to mention the liability exposure.

It has been 25 years since the first civil lawsuits were filed against Catholic Church officials for clergy sexual abuse, and much progress has been made as a result of them. That leading prelates such as Cardinal Egan are still fighting so hard to hide the record of their misdeeds indicates that there is more work to be done and that civil lawsuits against Church officials may still have a role in uncovering the truth, highlighting the misdeeds of officials, and providing much needed pressure for reform.

By Aimee Green,
The Oregonian

October 26, 2009

A man who claims he was molested by a Boy Scouts’ camp ranger in the 1970s is suing the organization for $5.15 million.

The man, who is now in his late 40s, says he was in his early teens when the ranger of the former Camp Mallard in Oregon sexually abused him during visits on weekends and in the summer. The suit claims that Edward Elston  sometimes gave his victim — identified only by the initials S.M. — money to keep quiet or threatened to hurt him if he told.

Elston was not charged with a crime. The plaintiff’s attorney, Kelly Clark,  said he believes Elston is dead.

The suit was filed Friday in Multnomah County Circuit Court. It is one of 11 filed in Oregon against the Boy Scouts of America by Clark in the last few years, on behalf of clients who say they were molested as children. All the suits are still pending.

S.M.’s suit claims that the Boy Scouts organization knew at least by the 1960s that pedophiles were using their scouting positions to victimize children and that the problem was institution-wide. "Despite this knowledge, these defendants did not implement adequate child sex abuse policies" by the time S.M. joined the Scouts.

The man didn’t realize how deeply the abuse had affected him psychologically until 2008, after extensive therapy sessions, Clark said.  

The Cascade Pacific Council, which is also named as a defendant in the suit, couldn’t be reached for immediate comment.

– Aimee Green

www.NPR.org
By Frank James

Assemblywoman Margaret M. Markey was rushed to an Albany hospital on June 23, the last day of the Assembly’s session, and was held overnight for observation with symptoms later diagnosed as dangerously high blood pressure.

The episode, aides said, whatever its cause, capped an intensely difficult period for Ms. Markey, 62, a Queens Democrat who had been cajoling and vote-herding for months in a frantic effort to shore up support for her Child Victims Act, a bill that would loosen restrictions on lawsuits involving the sexual abuse of children.

This was the year the perennial legislation appeared to have a chance. It had already passed in the Assembly by wide margins in 2006, 2007 and 2008. And though the State Senate had blocked the bill in the past, a new Democratic majority there appeared likely to make New York one of three states with a law allowing people to sue their alleged molesters — during a specific grace period — no matter how long ago the abuse took place.

But on that day, as the clock ran out on the 2009 session, Ms. Markey had come up short: Assembly leaders were unconvinced that she had the votes to win, and had yanked her bill from the calendar — ending its prospects in the near term and raising questions about its future viability.

Opponents have declared the bill dead. Ms. Markey has assured supporters it will pass in the fall, if the governor calls a special session of the State Legislature.

In any event, the bill’s collapse was a victory for the Roman Catholic Church, which led a shrewd and relentless campaign against the measure, and a blow to abuse victims and their lawyers, who have been pressing for Ms. Markey’s bill, and others like it around the country, since the revelations in 2002 about the molestation of children by priests in Boston.

And Ms. Markey’s brief medical emergency — she returned to work the following day — only seemed to underline the intensity of the struggles already fought and still ahead for a bill that plumbs two of the most profoundly complicated issues in human experience: sexual abuse and money.

The fight has been grueling on both sides. Bishop Nicholas A. DiMarzio of the Diocese of Brooklyn, the outspoken prelate who marshaled the church’s campaign against the legislation — calling it anti-Catholic, and warning lawmakers he would be forced to close churches and schools in their districts — was himself ordered by doctors to undergo hastily scheduled heart bypass surgery on June 16.

He and other Catholic bishops in New York said the Markey bill would impoverish the church, pointing to a 2002 law in California that prompted hundreds of lawsuits, forced the state’s dioceses to pay more than $1 billion in restitution and led the Diocese of San Diego to file for bankruptcy protection.

“Nothing I’ve been involved in during my years in politics has ever been as excruciatingly painful as the fight over this bill,” said Assemblyman Charles D. Lavine, a Long Island Democrat who is among two dozen lawmakers who supported the Markey bill in past years, but hesitated this year.

Mr. Lavine changed his mind after priests and residents in his predominantly Italian-American and Hispanic district, especially older voters, started swamping his office with phone calls last winter, expressing their opposition. The pressure, which went on for months, led him to consider — for the first time, he said — the “humongous financial burden and, frankly, the ridicule” that the Child Victims Act and resulting lawsuits would inflict on the church.

His yes votes in past sessions, he said, were made partly with the knowledge that the Republican majority leader in the Senate, Joseph L. Bruno, a staunch opponent, would never let the bill see daylight in that chamber. Mr. Bruno stepped down in 2008.

“When it was never going to fly anyway, there was a tendency for many of us who are concerned about victims’ rights to symbolically support legislation like this,” Mr. Lavine said.

In the same way, the Catholic hierarchy in New York never felt it had to mount a serious campaign against the bill as long as Mr. Bruno held the line, according to lobbyists and legislative aides. Their effort this year forced longtime backers of the bill, like Mr. Lavine, to weigh the potential consequences of that support against their empathy for abuse victims.

With 76 votes needed for a majority in the 150-member Assembly, Ms. Markey’s bill passed with close to 100 votes in past years. This year, the bill’s solid support ranged, depending on the day, between 70 and 80, Ms. Markey’s aides said.

Lobbyists and advocates on both sides say other factors contributed to the change in climate.

When the Democratic Party leadership in the Senate was toppled on June 8 by the defection of two members to the Republican ranks, wavering supporters lost an incentive to risk the church’s ire in the crucial final weeks of the Assembly session.

“If it’s going to be a one-house bill anyway, why make people take the heat?” said Assemblyman Peter J. Abbate Jr., a Brooklyn Democrat who was once a co-sponsor of Ms. Markey’s bill, but this year withdrew his support.

As originally proposed, Ms. Markey’s legislation had two main parts, one permanent and one temporary: It permanently extended the statute of limitations for filing civil suits over alleged child sexual abuse to 10 years — from the current 5 years — after a victim turns 18.

The temporary and more contentious proposal was to suspend the statute of limitations altogether for a year. Starting the day the law took effect, anyone claiming past abuse would have one year to file suit, regardless of how long ago the incident occurred. After a year, the statute of limitations would resume.

In trying to bolster her support, Ms. Markey added amendments. One gave the same rights to abuse victims who attended public schools as those from private or parochial schools, overriding the special protections public entities have under state law. One set an age limit of 53 on those who could file suits during the one-year window.

By most accounts, the amendments produced no new votes and fractured her support. Thomas K. Duane, the Senate sponsor of her bill, washed his hands of it, objecting to the age-limitation amendment. The amendment to include public schools drew fire from school and municipal officials.

Supporters of the bill, including BishopAccountability.org and Survivors for Justice, a Jewish group, have vowed to press on.

Ms. Markey’s spokesman, Mike Armstrong, said advocates are paying visits this summer to the offices of the two dozen lawmakers considered wobbly in their support, but still persuadable. “The leadership has told us they will put it on the agenda if she holds her votes with comfortable margins,” he said.

Bishop DiMarzio, whose diocese includes Queens, where Ms. Markey lives, has often mentioned her bill in sermons and his column in the diocesan newspaper.

“Retribution never brings about justice, nor will the crippling of the church’s ability to carry out its mission serve any purpose,” he wrote in his last column before entering the hospital in June. He has not addressed the issue since then. A diocesan spokesman said his quadruple bypass surgery was a success.

As it happened, the bishop was released from the hospital on June 23 — the day Ms. Markey’s bill was withdrawn.

www.OregonLive.com

by Paul Mones, guest opinion
Tuesday June 02, 2009, 8:30 AM

Our state legislators are in the midst of dealing with one of the worst fiscal crises in recent memory. No doubt they will have to make many tough, unpopular decisions this year. However there is one legislative decision they need not fret over because it is a no-brainer. House Bill 2827 is a simple piece of legislation that gives an extra measure of justice to victims of child abuse.

In the words of one of the bill’s co-sponsors Chris Garrett (D-Lake Oswego ) - the other sponsor is Rep. Andy Olson (R-Albany) - this bill "will ensure an effective civil remedy for victims of child abuse."

The bill extends the present statute of limitations by giving victims until the age of 40 to file an action against their abuser, requiring that claims be initiated by the time the victim turns 40 years old or within five years of when the injury or the connection between the abuse and the injury is discovered. The bill has unanimously passed the house but curiously has not received the same overwhelmingly positive reception in the Senate.

The extension of the statute of limitations makes common sense because it recognizes that most child victims of sexual abuse cannot confront their debilitating problems until they are mature adults. Moreover, most victims can’t even make the connection between the abuse and their psychological problems until they have some real distance from the time period of their abuse.

Child abuse is the perfect crime because its victims are too powerless, too confused to help themselves when they are actually being abused. These children travel quietly through their days interacting with teachers and passing police officers, friends and neighbors, never revealing the anguish of their existences. And if by chance someone asks them how they are being treated at home their responses will be uniformly the same: OK.

As adults we expect all human beings to escape or at least want to escape when someone injures them, but for victims of abuse, the reverse occurs. And that is in fact perhaps one of the most insidious aspects of child abuse: It binds the child closer to the abuser. The abuser’s threats and intimidation engender in the child not only fear but self-blame and embarrassment - all of which turns a child’s survival mechanisms topsy-turvy. Emotional attachment and sexual violence become so inextricably confused that even when the abuse is reported, the child will often kick and scream as they are being removed from their draconian environment by a social worker.

The other aspect that makes child abuse a perfect crime is that most adults continue to believe that child-rearing is a private matter. They don’t want a relative, friend or neighbor telling them how to raise their child so they won’t intervene in someone else’s family. While we all cherish our right to privacy, our devotion to this cornerstone of democracy is strangling the lives of thousands of children every year. Abusive parents and caretakers thrive on isolation and that is exactly what their relatives, friends and neighbors give them.

Daily, people turn a blind eye to the screams, bruises and frightened eyes of battered and molested children. Their reaction actively reinforces the offender’s omnipotence and tells the child you’re on your own, no one is going to help you. By powerful social training we are more likely to intervene on behalf of a dog being kicked by its owner than a child being mistreated by a parent. As Americans we routinely gawk at the suffering of car accident victims but we avert our eyes and ears when we see a child being backhanded in a supermarket.

It is often only when a child becomes a mature adult that he or she has the strength and emotional resources to confront the scourge of their past.

We have done much in Oregon over the past few years to protect victims of abuse, the most recent example being the passage of HB 2062, which will prevent schools from silently moving sexually abusive teachers one district to another. If the Senate saw fit just several weeks ago to join the House in ending the scandalous practice of allowing sexually abusive teachers from negotiating sweetheart deals with their school districts, then it surely should see the wisdom in HB 2062.

Paul Mones is an attorney and a children’s rights advocate.

TIME.com
By Tiffany Sharples
Tuesday, Dec. 02, 2008

Children in highly developed countries suffer abuse and neglect much more often than is reported by official child-protective agencies, according to the findings of the first in a comprehensive series of reports on child maltreatment, published Dec. 2 in the British medical journal The Lancet.

Based on a review of research conducted on child abuse between 2000 and June of this year, researchers estimate that 4% to 16% of children are physically abused each year in high-income nations, including the United States, United Kingdom, Australia and Canada. As many as 15% are neglected, and up to 10% of girls and 5% of boys suffer severe sexual abuse; many more are victims of other sexual injury. Yet researchers say that as few as 1 in 10 of those instances of abuse are actually confirmed by social-service agencies — and that measuring the exact scope of the problem is nearly impossible. (See the Year in Health, from A to Z.)

The issue lies in the delicate nature of the crimes — and the consequences of intervention. Many cases of abuse are rife with potential for long-term harm of the child, whether or not the assault is reported. The decision to report is rarely clear-cut, says Theresa Costello, director of the National Resource Center for Child Protective Services, who was not involved with the new research. "Professionals want to advocate for their clients, but they also know the reality of the public child-welfare system," she says. "There is a natural professional dilemma when you see a kid and you think, ‘I should make a report,’ but you’re not sure you want to subject that child to the system."

(more…)

America’s children desperately need your help.  Most of us are unaware that 1 in 4 girls and 1 in 6 boys will be sexually abused before their 18th birthday.  Shockingly, 85 percent of these children are abused by someone they or their family knows and trusts.

Sadly, because of the ‘taboo’ nature along with trauma, fear, shame, misplaced loyalty and distrust associated with abuse, only ten percent of victims and survivors ever find the courage to report this crime.

Government statistics estimate that there are approximately 60 million survivors of childhood sexual abuse in America today.  As American taxpayers we spend more than $103 billion each year on costs associated with child abuse.  These facts strongly support the reality that childhood sexual abuse has reached national epidemic proportions that affect each and every one of us.

The National Association to Prevent Sexual Abuse of Children is dedicated to ending childhood sexual abuse in three generations through awareness, education, and the advocacy of children’s rights through legal reform.

You can HELP ~ Donate Today!

http://www.trailblz.info/napsac/pages/donate.htm
Your generous gift will help NAPSAC ensure the success of its mission.  NAPSAC believes that by 1) increasing awareness of the prevalence of childhood sexual abuse, by 2) educating parents and professionals on how to recognize, respond and report abuse, and by 3) advocating for laws that better protect our children and victim’s rights to pursue justice, NAPSAC and its supporters will help lead us toward a safer America for our children.

Click here to make your tax-deductible donation today
http://www.trailblz.info/napsac/pages/donate.htm

Join a NAPSAC Event Committee!

NAPSAC is actively recruiting committed individuals who are interested in being on the forefront of helping to ensure the success of the first-ever NAPSAC fundraising events planned for 2009/2010!
Our goal is to build a NAPSAC Event Committee for each of the following events proposed for 2009/2010:

 *   Survivor Art Social
 *   Dinner Gala
 *   Professional Networking Events
 *   Wine and Cigar Social
 *   Darkness to Light Preventathon

As a committee member you would be responsible for:

 *   Attending one meeting each month held for one hour
 *   Recruting additional committee members
 *   Soliciting businesses for sponsorships and silent auction items
 *   Helping to generate attendance by spreading the word about upcoming events
 *   Helping to spread awareness of NAPSAC and its mission
 *   Representing NAPSAC in a professional and respectful manner
 *   Attending your event to show your support

If you are interested in joining a NAPSAC event committee or if you have any questions or would like additional information, please email michele@napsac.us or call 651.340.0537.

Issue: 1
Book a NAPSAC nationally renowned professional speaker for your next corporate training or event!

Click here

Upcoming Trainings
Nov. 17-21, 2008 ~ ChildFirst: Interviewing Children and Preparing for Court

May 4-7, 2009 ~ When Words Matter: Emerging Issues in Forensic Interviewing

May 14-15, 2009 ~ Investigation and Prosecution of child abuse

May 21-22, 2009 ~ Investigation and Litigation of Civil Child Protection Cases

July 13-17, 2009 ~ Implementing CAST in your University

Find Out More Here
________________________________

 Visit the NAPSAC National Child Protection Training Center
_______________________________

Want to know more about NAPSAC trainings and upcoming events?

National Association to Prevent Sexual Abuse of Children
366 Jackson Street, Lower Level, Saint Paul, MN  55101
Phone: 651.340.0537  |  Fax: 651.340.1252 www.napsac.us

$25 million - Six men have filed against the Boy Scouts and the Mormon church

Six Portland men agreed to enter talks this week to settle their $25 million lawsuit against the Mormon church and the Boy Scouts of America over alleged sexual abuse.

The lawsuit in the U.S. District Court in Portland contends that in the 1980s and 1990s Timur Van Dykes molested Boy Scouts in Troop 719, which the Church of Jesus Christ of Latter-day Saints supervised. Since 1983, Dykes, 51, has been convicted of at least 26 sex crimes.

"The amazing thing about this case is the extent to which these institutions continued to allow him access to kids, even after he had acknowledged sexually abusing boys and, indeed, after he had been convicted for doing so," said Portland attorney Kelly Clark, who represents the plaintiffs.

Attorney Steve English, who represents the Mormon Church, said that perspective is inaccurate.

"The church worked cooperatively with the Portland police, who learned of this abuse before the church did, and the church suspended Mr. Dykes’ privileges as a church member within two weeks of learning of this abuse," English said.

The Cascade Pacific Council of the Boy Scouts of America in Portland did not return phone calls.

Dykes, who lives in Southwest Portland, is one of about 50 Oregon leaders expelled by the Boy Scouts for sex abuse between 1970 and 1990, according to confidential Boy Scout files obtained by The Oregonian. The number of Boy Scout leaders ejected in Oregon eclipses the number of abusive priests identified statewide in the recent Catholic Church sex-abuse scandal.

Under Oregon’s flexible statute of limitations, victims of sexual abuse can bring cases once they’ve discovered how the abuse affected them, sometimes decades after the actual crimes.

Dykes has been a source of legal troubles for the Boy Scouts before. Three lawsuits alleging abuse filed in 1987 resulted in undisclosed settlements. The mother of one of Dykes’ earliest alleged victims told The Oregonian in 1995 that abuse of her son contributed to his suicide.

Peter Zuckerman: 503-294-5919; peterzuckerman@ news.oregonian.com

Posted by The Associated Press June 10, 2008 14:23PM
Oregonlive.com

Settlement hearings are planned this week for a $25 million lawsuit that claims the Mormon Church and the Boy Scouts failed to protect six boys from a man who was eventually convicted of sex abuse.

U.S. District Judge Michael Hogan and retired Lane County Circuit Judge Lyle Velure plan hearings Wednesday through Friday. They presided over the settlement of a similar lawsuit against the Roman Catholic Archdiocese of Portland last year.

The hearings this week are on a suit that alleges abuse in the 1980s and early ’90s by Timur Van Dykes, a former Sunday school teacher who was also a Scout leader.

Dykes, 52, has been convicted of at least 26 sex crimes since 1983. He is one of about 50 Oregon leaders expelled by the Boy Scouts for sex abuse between 1970 and 1990 and more than 5,100 leaders expelled nationally since 1946.

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