BishopAccountability.org
 
  Strong Recommendation for " Justice Denied," by Marci Hamilton

Voice from the Desert
June 19, 2008

http://reform-network.net/?p=1766

It's impossible for me to recommend more highly Marci Hamilton's new book, Justice Denied. Along with her previous work, God v the Gavel, and her many columns at Findlaw.com and numerous op ed pieces and essays published across the United States, Professor Hamilton has set the agenda for urgently needed legal reform of child sex abuse laws in the United States.

Marci has virtually become a Wisconsin resident over the past several years, three times arguing for clergy abuse victims before the Wisconsin Supreme Court. You know she's persuasive because even Justice Prosser (and Crooks and Wilcox) agreed with her to open WI courts to clergy abuse victims to file fraud case against religious leaders who covered up child sex crimes. That was a landmark, unanimous decision and as Churchill would say, not the end or even the beginning of the end, but maybe, for Wisconsin's long suffering survivors, the end of the beginning.

No surprise, then, that Dr. Hamilton was back before our fine justices in March making yet another lucid and utterly convincing argument on behalf of clergy abuse victims. And no, I am not biased. The argument really was convincing. The argument is still available, I believe, online at the Wisconsin Supreme Court website and you should be able to download and hear it on your computer (just like Justice Prosser had to).

She has also appeared twice before Wisconsin state lawmakers in Madison leading off testimony for statute of limitations reform, including the Child Victims Act.

I am pretty sure we will be seeing her in Wisconsin again. But, hey, once we finally change, with the help of Marci's capable and impassioned legal advocacy and scholarship, these terrible WI laws (and we will change them), let's invite her back for something else our state is good at besides helping Catholic bishops railroad child sex victims…like bratwurst and beer.

Peter Isely

SNAP Midwest Director

C-SPAN BROADCASTS

C-Span2 will air its Booknotes book event for Justice Denied: What America Must Do to Protect Its Children at the following times and dates. The focus of the event (and the book) is on statutes of limitations reform for all childhood sexual abuse survivors.

http://www.booktv.org/program.aspx?ProgramId=9480&SectionName=&PlayMedia=No

Saturday, June 28, at 11:00 PM

Sunday, June 29, at 8:00 AM

Monday, June 30, at 4:45 AM .

MORE on Marci's New Book – how to purchase (NB: podcast link at end of text)

http://abolishsexabuse.org/index.php?option=com_content&view=category&id=64:justice-denied&layout=blog&Itemid=155

About Justice Denied: What America Must Do To Protect Its Children

Wednesday, 04 June 2008 17:30

There is a silent epidemic of childhood sexual abuse in the United States, but our legal system is not effectively protecting the most innocent from predators. Recent coverage of widespread abuse in schools and in churches has brought the once-taboo subject of childhood sexual abuse to the forefront. But despite increasing awareness of the problem, the United States has not succeeded in establishing effective means of deterring and preventing abuse or providing justice to victims, leaving the children of today and tomorrow vulnerable.Popular legal fixes, like sex offender registries, increased sentences, and pedophile-free zones, are ineffective without acknowledging that the problem extends well beyond schools and churches. The vast majority of survivors are sexually abused by family or family acquaintances — with 90 percent of abuse never being reported to the authorities.

Hamilton proposes a comprehensive yet simple solution: eliminate the arbitrary statutes of limitation for childhood sexual abuse so that survivors past and present can get into court. Removing this merely procedural barrier permits the millions of survivors to make public the identities of their perpetrators and to receive justice and much-deserved compensation.

Buy book from Amazon.com:

Justice Denied: What America Must Do to Protect its Children

Most states have such short statutes of limitations that survivors cannot get to court before the doors are locked shut. Removing this arbitrary barrier would permit survivors to unmask their perpetrators and open a path to justice and public vindication.

Standing in the way, however, are formidable opponents such as the insurance industry and the hierarchy of the Roman Catholic Church. In Justice Denied, Hamilton predicts a coming civil rights movement for children and explains why it is in the interest of all Americans to allow victims of childhood sexual abuse this chance to seek justice when they are ready.

Reviews:

"Too many 'talk the talk' of making children a priority in society. What Hamilton has done with her book is to show a clear and simple way that policymakers can 'walk the walk' . . . [she] clearly and articulately connects the value of using civil law as a tool to protect children."

–Ted Thompson, Executive Director, NAPSAC (National Association to Prevent the Sexual Abuse of Children)

"Hamilton is absolutely right: a vigorous and effective children's civil rights movement is long overdue . . . I applaud Marci Hamilton for leading the way with her outstanding legal scholarship, advocacy, and passion for justice!"

–Eileen King, Regional Director, Justice for Children

"In understandable, eloquent prose, Marci Hamilton makes the case for abolishing a statutory scheme that protects sexual predators and that closes our courtrooms to maltreated children. Although it is too late to claim the honor of having acted quickly to address this injustice, this book shows us how to avoid the disgrace of having never acted at all."

–Victor Vieth, Director, National Child Protection Training Center

"This brave book is one all lawmakers should read."

–Jason Berry, author of Lead Us Not Into Temptation

"Hamilton provides a compelling case that demonstrates that the interests of insurance companies, unions, churches, and schools will always trump the safety of children unless we do something about it. Hamilton tells us what we can do, how to do it, and why it will work."

–Charol Shakeshaft, Chairperson and Professor, Department of Educational Leadership, Virginia Commonwealth University

"Professor Hamilton combines genuine sensitivity to the plight of survivors of childhood sexual abuse with in-depth expertise in the working of the legal system."

–Barbara Bennett Woodhouse, Director, Center on Children and Families, Fredric G. Levin College of Law, University of Florida

"A powerful call to action by one of America's leading constitutional scholars. Hamilton makes clear what must be done if we are to prevent the continued sexual abuse of children."

–Jeff Dion, National Center for Victims of Crime

Buy book from Amazon.com:

Justice Denied: What America Must Do to Protect its Children

Reviews from Amazon readers:

Must read…the painful truth, May 6, 2008

By Thomas Patrick Doyle "Thomas P Doyle" (Vienna, VA)

Children had almost no personal rights through the middle ages. They were often punished as adults but had less perceived value than chattel. In our era we pride ourselves on our enlightened approach to childens' rights and welfare. If you believe we are truly enlightened this book will shatter that belief. Professor Hamilton describes the legal quirk whereby victims of child abuse are denied their day in court and perpetrating abusers are enabled by the law. The concept of the Statute of Limitations is designed to prevent miscarriages of justice yet in the case of child abuse it promotes them. Child abuse abvocates and victims have struggled for changes in State legislation to promote laws that are far more protective of children and their rights. The shocker is that the two institutions that have done the most to prevent enlightened legislation are the institutional Catholic Church, mostly the bishops, and the insurance industry. The Church is afraid to bare its secrets and lose its power (and money too) and the insurance industry blatantly puts its money way before the welfare of children. This book is solid. It is not a polemic. It is a painful and at times shocking revelation of well documented facts by a leading constitutional legal scholar and fearless advocate for the rights of children. Get the book. You'll be shocked, scandalized, angry and hopefully motivated to insist that your lawmakers do the right thing.

Hamilton hits the nail on the head. , April 23, 2008

By David Schoenbrod (Professor, New York Law School)

Marci Hamilton shows that state legislatures could, with a veritable stoke of the pen, do more much to protect children. What stops the legislatures are special interests, but "Justice Denied" has the potential to launch a civil rights campaign that puts children first.

CAN'T PUT IT DOWN!, May 20, 2008

By KLUVSJC (Oregon) -

This book is amazing. Amazing, first, because I,(a person with very little knowledge of the legal system), can actually understand it! Anyone who has experienced child abuse and come to the realization of its impact on his or her life, can quickly recognize someone who "gets it". Marcy Hamilton gets it. This book has inspired me to take braver steps in my role as a child advocate, the first of which is going to be a letter to my State Senator to push for reform in our statute of limitation laws for child abuse!!

Practical solutions to keep kids safe!, May 19, 2008

By Barbara Blaine "President of SNAP, Survivors … (Chicago, IL)

Want to protect children? Hamilton gives simple, concrete actions adults can do today to help. Many like to demonize child predators for hurting innocent kids. Few, however, really know how to catch, expose, remove and jail them, so that kids will be protected. This is a terrific, solutions-oriented book written in a no-nonsense, compelling style. I recommend it highly!

Thumbs up for Hamilton!, April 21, 2008

By Diane J. Shea "Diane Shea, Ph.D." (Langhorne, PA)

In this book, Hamilton tackles the complex issue of childhood sexual abuse head on yet in language that is clearly written and not full of unnecessary legalese. She argues that the legal system has obstinately persisted in supporting the 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.

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, Hamilton 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 uniformed 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%. In my own research I found that over 25% 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% 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 .005% of claims were found to be false and 300 new abusers were identified. Surely this is worth the cost.

Interview with Prof. Hamilton on Written Voices Podcast

Wednesday, 04 June 2008 17:32

justice denied.jpgMarci Hamilton was interviewed by Written Voices host Allan Hunkin in early May 2008.

Listen to excerpt from interview:

Written Voices podcasts (Link HERE) are hosted by life enhancement expert Allan Hunkin.

Listed in the who's who book Self Improvement: The Top 101 Experts That Help Us Improve Our Lives Allan holds credentials in five different models of psychology and has interviewed over 600 authors, celebrities and thought leaders from around the world.

Allan is also president of Podcast.biz Consulting (www.podcast.biz), a podcast, consulting, design and production boutique that works with companies worldwide to create unique podcast brand and marketing initiatives. More information about Allan can be found at www.successtalk.com.

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.