Hawaii Window of Opportunity gives victims of JWs sexual abuse a chance for justice

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Hawaii Window of Opportunity Gives Victims of Jehovah's Witness Sexual Abuse a Chance for Justice

http://www.zalkin.com/Sexual_Abuse_Blog/2012/November/Hawaii_Window_of_Opportunity_Gives_Victims_of_Je.aspx Survivors of childhood sexual abuse in Hawaii now have an unprecedented opportunity to seek justice and hold those responsible for their abuse accountable. On April 24, 2012, the State of Hawaii changed the statute of limitations for childhood sexual abuse occurring years, or even decades ago. Beginning last April, and continuing through April 24, 2014, any survivor of childhood sexual abuse can file a lawsuit, even if their claim had been barred by the statute of limitations in the past. Actions must be filed prior to April 24, 2014 or become forever time barred. Under this law both the abuser and institutions responsible for the abuse can be brought to justice.

For decades, a perfect storm of sexual abuse has arisen out of the Jehovah's Witness' policies of encouraging victims of sexual abuse to go to elders rather than law enforcement, demanding that elders keep knowledge of such accusations away from members of the congregation who were at risk, and requiring two eye witnesses to the abuse before judicial action could be taken. These policies shielded sexual predators and created a pedophile paradise in which abusers had little concern of being arrested, exposed to the congregation or removed from the faith.

To make matters worse, for many raised in "The Truth," the idea of disobeying elders by speaking out against an abuser or seeking outside psychological help carried with it the probability of disfellowship and being shunned by everyone they knew and loved. As a result, sexual abusers flourished within the religion. By the time many survivors of abuse broke away from the Jehovah's Witnesses or found the strength to stand up to their abusers, the doors of the civil courthouse had closed to them. In Hawaii, those doors are now wide open again.

If you or someone you know was a victim of sexual abuse within the Jehovah's Witness religion in Hawaii, do not hesitate.

Diest

This is great. We need this to happen in every state. I have read about similar laws in the past and always thought about the JWS. If enough states had laws like these it would be a real game changer.

sabastious

Increasing the statute of limitations is a great idea. More states should follow suit with Hawaii on this one. I would say under a certain set of criteria that there shouldn't be any statute of limitations when regarding sexual child abuse because the child often keeps it a secret even into adulthood. And while in adulthood exposing the predator will ruin not only the predator's reputation, but many people around them that have been unbeknownst to any past vile deeds.

The article mentions the "perfect storm" that the JW environment creates for child sex predation. This is most certainly the case. Any hidden JW predator is going to be in contact with many JW's. They need to be well regarded in the community in order to keep a ruse going, that means they have contacts. It's stupid easy for anyone of intelligence to get JW's to drool over them calling them "so spiritual" etc. Little do they know that they are being conned and people don't like admitting to being conable, especially when they say they are directly from God. This provides momentum for the "silent lambs" because they have incentive to keep it quiet. If you have a friend who is a secret child predator it's really YOUR responsibility to see the warning signs, because they ARE THERE. So there is a lot of shame in being blind to those especially when it facilitates sexual abuse of innocent children. The Watchtower makes sure there are many reasons to stay quiet and having a statute of limitations just encourages people to "hold on" until the scandal becomes untouchable. Removing it or greatly increasing it is like pulling the rug out from under a bunch of low life good for nothing people who decided to hold their own reputation above the protection of children.

-Sab

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Calif. Supreme Court Decision Could Open Window for Old Sex Abuse Claims

http://www.christianpost.com/news/calif-supreme-court-decision-could-open-window-for-old-sex-abuse-claims-66610/

Six brothers who allege they were sexually abused by an Oakland, Calif., priest over three decades ago, asked the California Supreme Court Thursday for permission to sue the priest’s diocese, counting on a narrow legal loophole to work in their favor.

The men allege that the Oakland Diocese knew the priest, who passed away in 2010, might have been a child molester.

Some fear that if the justices side with the plaintiffs, the state could get inundated with clergy abuse lawsuits concerning years-old cases that would normally fall outside of the statute of limitations.

California allows claims of sexual abuse to be filed at any time before the victim’s 26th birthday, and provides a vehicle for later claims in some circumstances, Devin Storey, of the Zalkin Law Firm, which specializes in clergy sex abuse cases, told The Christian Post.

The brothers are currently in their 40s and 50s. They allege they were molested in the 1970s, but did not link it to their ongoing distress until 2006. Although way past their 26th birthday, the brothers might still have a chance to file their claims, Storey told CP.

In 1998, the legislature provided a direct statute of limitations for claims against non-abuser defendants, such as the employer of the abuser (the diocese, in this case) with a cap on the alleged victim’s age at 26 years old. But in 2002, the legislature changed that requirement, adding that if the plaintiff could prove that the abuser’s employer knew or had reasons to know that the molester had abused someone else in the past and failed to take appropriate steps to prevent future abuse, the limitation of 26 years of age no longer applies, Storey said.

The priest in question, Donald Broderson, was forced to retire amid abuse allegations in 1993, according to The Associated Press. Broderson reportedly admitted that he had had sexual relationships with four sets of underage brothers during the 1970s, including at least two of the brothers in question, in 2005. Broderson also admitted fondling other children, including a little girl, the news agency reported.

The Oakland Diocese reportedly maintains that the men are precluded from suing now because they did not do so during a one-year window for outdated cases that California opened in 2003.

Storey is skeptical that the case, if accepted by the California Supreme Court, will evoke an avalanche of similar lawsuits.

"I don’t believe that there would be a rush of these cases," because this model only allows cases to move forward in very specific circumstances, he said. The plaintiff has to be able to demonstrate that the defender had the knowledge of abuse.

The court has 90 days to make a decision.

Catholic dioceses and religious orders in California already reportedly have paid more than $1.1 billion since 2006 to settle child abuse lawsuits filed since the church clergy scandal erupted a decade ago.

In the context of the national (and global) recent revelations of sexual misbehavior in church institutions, many states legislatures have looked more closely at laws that allow victims to report abuse, especially the statutes of limitations.

Recently, a bill that would open a similar one-year window for filing in old cases of sexual abuse was introduced in New York, sparking protests from local Catholic Church authorities.

According to the Survivors Network of those Abused by Priests (SNAP), a majority of sexual abuse cases involving minors often become outdated due to the victim taking years to realize the gravity of the incident psychologically. Often, victims are also too scared or too embarrassed to come forward.

Hawaii Window of Opportunity gives victims of JWs sexual abuse a chance for justice

AndersonsInfo

Hawaii Window of Opportunity Gives Victims of Jehovah's Witness Sexual Abuse a Chance for Justice

Diest

sabastious

AndersonsInfo

Calif. Supreme Court Decision Could Open Window for Old Sex Abuse Claims

Six brothers who allege they were sexually abused by an Oakland, Calif., priest over three decades ago, asked the California Supreme Court Thursday for permission to sue the priest’s diocese, counting on a narrow legal loophole to work in their favor.

wha happened?

AndersonsInfo

JW GoneBad

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Refriedtruth

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