NY proposed law requires reporting sex abuse

by rebel8 6 Replies latest watchtower child-abuse

• 

  rebel8

  I came across this and thought it was of interest. Unfortunately, it only would require reporting the crime if it was witnessed, but it's a start.
  

  http://assembly.state.ny.us/leg/?bn=A00094

  A00094 Memo:

  TITLE OF BILL : An act to amend the penal law, in relation to failure to report a sexual assault of a child

  PURPOSE OR GENERAL IDEA OF BILL : To establish the failure to report sexual assault of a child as a Class A misdemeanor.

  SUMMARY OF SPECIFIC PROVISIONS : The Penal Law is amended by adding two new sections 260.35 and 260.40. Section 260.35 defines "sexual assault" for the purposes of this article. Section 260.40 establishes the crime of failure to report sexual assault of a child as a Class A misdemeanor. A person is guilty of failure to report sexual assault of a child when he, being eighteen years old or older, knowingly witnesses the sexual assault of a child less than sixteen years old, and fails to report such assault within twenty-four hours. Such report is to be made to a police officer, district attorney or law enforcement official within the county or city in which such assault was committed.

  JUSTIFICATION : This legislation is in response to the molestation and murder of a seven-year-old girl in a Nevada casino in May of 1997, while a bystander did nothing.

  In most states there is no legal recourse for this type of heinous activity because there is not a "Good Samaritan" law requiring witnesses to intervene on potentially dangerous situations. It does however require people to report the crime they witnessed.

  At the federal level, legislation has been introduced to honor this child called the "Sherrice Iverson Act". The federal proposal amends the Child Abuse Prevention and Treatment Act to require states receiving funds under Section 106 of such Act to have in effect a State law providing for a criminal penalty on an individual who fails to report witnessing another individual engaging in sexual assault or abuse of a child.

  In any event, in light of continuing crimes against innocent children in today`s society, it is of vital importance for New York State to be at the forefront of laws aimed at protecting our children.

  PRIOR LEGISLATIVE HISTORY : 2004-Referred to Codes/Passed Senate
• 

  Sunspot

  Unfortunately, it only would require reporting the crime if it was witnessed, but it's a start.

  Indeed it IS! Thanks for posting this!

  Annie
• 

  blondie

  It is important to find out if this bill includes clergy reporting sexual abuse. Many states exempt clergy under the clergy-penitent principle. If you live in NY and would like stronger laws in place, here is a way to exercise your new political side and call your state representative by e-mail or snail mail and let them know why you support this.

  Blondie
• 

  rebel8

  Nothing in the bill indicates anyone would be exempt, but keep in mind it only applies if the person witnessed the crime.

  In NY there are mandated reporters, but clergy are exempt from that. The mandated reporter law only applies to healthcare workers, teachers, etc. who become aware of a possible crime, ie, they heard about it from someone else, saw a strange bruise, etc. That law is quite comprehensive. As a social worker, I used to have to call in every single suggestion that child abuse/neglect happened, even if I didn't have any evidence or believe the accuser. Once someone called my workplace and told a story of a neighbor's child being beaten, and I had to call the authorities even though no one involved in the story had any patient/client relationship with me or my company. If only that applied to clergy!

  I found out some info on who to write to on this issue. If you are in NY, go here http://assembly.state.ny.us/mem/ and enter your zip code to find your rep. You can also call 518-455-4218.
• 

  Will Power

  Many states exempt clergy under the clergy-penitent principle.

  This seems to be what the WT lawyers cling to.

  Do I have it all wrong?

  If a mother of a molested child, or the child, or some other informed person comes to the elders for help, how do these types of situations come under the clergy penitent principle?

  If the criminal confesses in an attempt to change so to speak. should that confession be considered confidential?

  Most JW situations I've heard reported re dateline, cnn, panorama, etc.... victims or a guardian for the victim has reached out for help and their accusations are what have been considered hush hush by the WT,
• 

  LongHairGal

  Willpower:
  
  No. You don't have it wrong. They do cling to this clergy-penitent thing (ecclesiastical privilege, I think). If this law goes through this will absolutely kill them to report these things. But this has to be changed. No religion should be able to hide behind this anymore!
  
  Stay tuned.
  
  LHG
• 

  rebel8

  They do cling to this clergy-penitent thing (ecclesiastical privilege, I think). If this law goes through this will absolutely kill them to report these things.

  Have there been instances where JW "clergy" witnessed sex abuse of a child and failed to report it? This law only applies if a person actually sees the crime being committed....IMO the law is a start but much more is needed.

  To all: I've read a bit more on this topic....apparently other states have similar proposed laws...check Google and write your rep...