Earmarks
(taxpayer funding that is not debated in Congress or in state legislatures) granted to Roman Catholic entities or programs without transparency or accountability for how they are used.
The Rockford Diocese's interpretation of the First Amendment of the United States Constitution. (Claiming the "separation of church and state excuses the diocese from turning over court-ordered documents in a child sexual abuse case because the state is prevented from "running the interior life of the Church".)
The ruling of the Second District Appellate Court of Northern Illinois which shoots down the argument by the Rockford Diocese (linked directly above) claiming "separation of church and state" in criminal matters that involve the sexual abuse of children.
Illinois Supreme Court Ruling. John Doe A., Appellee, v. Diocese of Dallas et al., Appellants. Opinion filed September 24, 2009. Appellate court ruling reversed; Circuit court ruling affirmed. Note the following statement in the ruling:
Finally, we note that the bar of a statute of limitations does not go
to the court’s jurisdiction to hear a case. Rather, it is an affirmative
defense which a defendant may, in its sole discretion, assert or waive.
See City of Naperville v. Mann, 378 Ill. App. 3d 657, 660 (2008).
Defendants in this case have elected to invoke the defense, and they
alone are responsible for that decision and its impact on plaintiff’s
ability to seek relief through the courts. Our function, as a court of
review, is simply to insure that the law is applied correctly. It was
applied correctly by the circuit court here.In other words, the Catholic Church uses the statute of limitataions as a means of playing legal hardball with individuals who have suffered traumatic crimes at the hands of the Church. Once again, the Church hierarchy and paid attorneys demonstrate that they are more interested in protecting the materials assets of the institution than treating victims of their own crimes and negligence with compassion. The Church's cold-hearted tactics are apparently legal in Illinois but unethical no matter where you live.
"Civil Liberties" and Uncivil Lies: What the New York Civil Liberties Union and the Catholic League for Religious and Civil and Civil Rights Have in Common - An Agenda to Keep Child Predator Identities Secret by Marci Hamilton, March 19, 2009
New York Times Editorial: A Window for Justice published March 23, 2009
Child Victims Voice: A Coalition of Organizations and Individuals who support the civil rights of those who were sexually victimized as children to have their day in court. Includes information on - and a link to - the actual bill.
The Ferns Report: An Executive Summary Results of an Official Inquiry into Cases of Priest Sexual Abuses of Children in the Diocese of Ferns in Ireland.
Statutes of Limitations
Read statements below supporting the elimination or extension of state statutes of limitations in childhood sexual abuse cases. Efforts to change current SOL (statute of limitations) laws which are ignorant, outdated, and dangerous have succeeded in some states and fallen short in others. In every state the legislation has been addressed, the Catholic hierarchy has not only spent millions of donated dollars to defeat it but many bishops have launched organized personal attacks on legislators supporting or sponsoring the bills, including fighting to defeat their re-election campaigns.
Our Letter to New York State Legislators in Support of the Child Victims Act
A Letter Written by Victims' Advocate Sister Maureen Paul Turlish
A Statement by Survivor and Advocate Rick Springer
Testimony by Survivor and Advocate Daniel G. Frondorf
New York
Reform the Statute of Limitations on Child Sexual Abuse
New York City Alliance Against Sexual Assault
Child Protection Laws
Note: Almost of all of the Catholic priests who have had credible allegations against them of child sexual assault or abuse have escaped being placed on any Sex-Offender Registry by the same reason they have escaped criminal prosecution for the rapes they committed against children. The Statute of Limitations expires in most cases of child sexual assault by clergy before the child feels safe enough to report the crimes or is mature and emotionally-developed enough to either remember the assualts or to recognize them for what they were - criminal acts. For more information, see our page on Dissociation. The sad message these Statutes of Limitations sends to criminals is, "If you want to get away with a crime, rape a child because the trauma to the child is so severe, you are all but guaranteed getting away with it until after the Statute of Limitations expires, and then it's too late to prosecute".
Sex-Offender Registration
The 1994 Jacob Wetterling Act requires the States to register individuals convicted of sex crimes against children. Sex offender registration laws are necessary because:
- Sex offenders pose a high risk of re-offending after release from custody;
- Protecting the public from sex offenders is a primary governmental interest;
- The privacy interests of persons convicted of sex offenses are less important that the government's interest in public safety;
- Release of certain information about sex offenders to public agencies and the general public will assist in protecting the public safety.
Community Notification
Megan's Law allows the States discretion to establish criteria for disclosure, but compels them to make private and personal information on registered sex offenders available to the public. Community notification:
- Assists law enforcement in investigations;
- Establishes legal grounds to hold known offenders;
- Deters sex offenders from committing new offenses;
- Offers citizens information they can use to protect children from victimization.
The Amber Alert
The Amber Alert is a critical missing child response program that utilizes the resources of law enforcement and media to notify the public when children are kidnapped by predators. Although the scope of the Amber Alert varies, the criteria for activation are fairly consistent. Whether it is a local, regional or statewide program, law enforcement activates an Amber Alert by notifying broadcast media with relevant indentifying and case information when circumstances meets the following criteria:
- The missing child is of a pre-determined age;
- The law enforcement agency believes the child has been kidnapped;
- The agency believes the missing child is under threat of serious bodily harm or death.
The Adam Walsh Child Protection and Safety Act
On July 27, 2006 President Bush signed this Act into law. One important component requires the U.S. Department of Justice to create a public accessible Internet based national sex offender database that allows users to specify a search radius across state lines. The result is the Dru Sjodin National Sex Offender Public Website.
More information on these laws can be found at the Klaas Kids Foundation website.
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