Category Archives: Law

May 29, 2016 · 1:00 am

Cosby

A Pennsylvania judge has ordered Bill Cosby to proceed to trial on the sexual assault charges by Andrea Constand [1].  Like some 50 other women, Constand maintains that she was drugged against her will by Cosby, and unable to protest when he had sex with her.

The civil case by Constand was settled years ago.  Cosby subsequently sued Constand for return of the settlement moneys she received, alleging that she violated a Confidentiality Agreement.

The statute of limitations has run on the numerous other claims against the 78 y.o. comedian, who has been free on $1 million bail since his arrest in December.

What Cosby Lost

Without an adjudication, it is impossible to say with certainty whether the claims being made against Bill Cosby are true.  Under the American system of justice, of course, defendants are innocent till proven guilty.

That so many women have come forward (albeit belatedly) tends to suggest that at least some of the claims are likely to be true.

Either way, Cosby’s reputation is in tatters.  He has though led a long and illustrious life, while the women making claims against him have wrestled with their demons for decades.

What Fans Lost

Bill Cosby’s reputation will be forever clouded by these accusations.  The many fans who looked up to Cosby have lost a role model.  That is not insignificant.

“The Cosby Show” ran for nearly 10 years.  Cosby as Dr. Cliff Huxtable presented Americans with the image of an intelligent, urbane, and successful black man.  That was in sharp contrast with earlier media images of African American men as ignorant shiftless clowns and violent thugs.

Why Victims Waited

It is difficult for the average person to understand why seemingly intelligent, articulate, and capable women would not have pursued their claims of rape in a timely manner.  Some did make an attempt to report the crime, but were discouraged or ignored outright. Continue reading →

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May 8, 2016 · 1:00 am

A Little Life

Baby holding toy, Author Asha Lall (CC BY-SA 4.0 International)

WARNING:  Graphic Images

Donald Trump is now the presumed Republican candidate for US President; and — despite Bernie Sanders’ optimism — Hillary Clinton, the likely Democratic candidate.  These are major developments.  One way or another, they will ultimately impact world events.

We watched the story covered from every angle, examined in minute detail.  What we did not see much about, on the evening news, was the death of a toddler in Utah.

Eighteen month old Ethan Antes had been left in the care of his stepfather, Codey Jolley.  The child was found floating facedown in the tub, with trauma to his upper body.

Police have charged Jolley with abuse homicide [2].  Ethan had sustained injuries on two earlier occasions, after being left alone with his stepfather.

While momentous events were unfolding on the national stage, a little life was lost.  We cannot know what impact that little life might have had, given the chance.

Nor can we know what impact all the other lost lives might have had — Jahi Turner or Malachi Golden in North Carolina [3][4], Charlie Brame in Florida [7], Jeida Torres in New York [8], or two unnamed little girls in Oklahoma and Arizona [5][6].

But those lives mattered.  They mattered every bit as much as the lives of politicians and celebrities do.  No little life should be lost.

“But Jesus called them to Him and said, ‘Let the little children come to Me, and do not forbid them; for of such is the kingdom of God’ “ (Luke 18: 16).

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[1]  Fox 13 Now, “Family remembers toddler who may be victim of child abuse homicide” by Kiersten Nunez, 5/3/16, http://fox13now.com/2016/05/03/family-remembers-toddler-who-may-be-victim-of-child-abuse-homicide.

[2]  Fox 13 Now, “Millcreek man faces child abuse charges; 18-month-old has died” by Mark Green, 4/30/16, updated 5/1/16, http://fox13now.com/2016/04/30/millcreek-man-faces-child-abuse-charges-16-month-old-not-expected-to-survive.

[3]  Fox 8, “Stepfather arrested in NC in death of 2-year-old”, 4/19/16,  http://myfox8.com/2016/04/19/stepfather-arrested-in-nc-in-death-of-2-year-old.

[4]  Fox 46, “Mother charged in death of young son, day after stepfather charged”, 11/2/15, updated 11/3/15, http://wwww.fox46charlotte.com/news/local-news/43529838-story.

[5]  News OK, “Stepfather arrested in death of 2-year-old in Norman” by Jane Cannon, 8/6/15, http://newsok.com/article/5438504.

[6]  Fox 10, “Police investigating death of young child; stepfather charged” by Brian Pryor, 6/5/15, http://www.fox10phoenix.com/news/2480066-story.

[7]  NY Daily News, “3-year-old Florida girl, raped, beaten by new stepfather before death: police” by Rachelle Blidner, 11/26/14, http://nydailynews.com/girl-3-dies-raped-beaten-stepfather-police-article-1.2025585.

[8]  NY Daily News, “Social workers gave apartment the ‘OK’ day before Brooklyn girl was beaten to death by stepdad at homeless shelter” by Caitlin Nolan, Greg Smith, Tina Moore, 10/20/14, http://www.nydailynews.com/new-york/nyc-crime/man-beat-brooklyn-girl-death-claims-escape-punishment-article-1.1980588.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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May 1, 2016 · 1:00 am

History

“This House is a sanctuary; a citadel of law, of order, and of liberty…”

–        Aaron Burr

Imperfect though it is, the US Congress stands as a testament to representative government, an august body which has given rise to great men and women.  Names like Daniel Webster, Henry Clay, Stephen Douglas, and Abraham Lincoln once rang out in these halls.

To the nation’s shame, the name Dennis Hastert is included in the roster.

Hastert served as the 51st Speaker of the House of Representatives (1999-2007).  He might have been known to history for that fact, might have left a positive legacy, except for one thing.  Hastert is, also, a serial child molester [1].

Four of his victims chose to come forward.  There are believed to be others.  Hastert admitted to molesting the boys decades ago, as a high school wrestling coach in Illinois.  He was sentenced this week for having paid $1.7 million in “hush” money to one of them.  The statute of limitations has run on the actual abuse. Continue reading →

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April 24, 2016 · 1:00 am

Tears in Heaven

Street art by Nitzan Mintz, Jerusalem, Israel, Source https://www.flickr.com/photos/zeevveez/8765164478/, Author zeevveez https://www.flickr.com/people/29001414@N00 (CC Attribution 2.0 Generic)

I curled up on the couch a few nights ago, expecting to watch a good old-fashioned whodunit on television.

Unfortunately, I discovered too late that the corpse in the story belonged to a child molester. A woman sexually abused as a girl had killed him, in her effort to protect another child from abuse.

Suddenly the program was deadly serious — raising all too familiar issues of credibility, deception, violence, guilt, and justification.

The Lens of Abuse

Though this blog regularly deals with the topic of abuse, victims must strive not to view the world through that lens only.

There are countless good things — and good people — in the world. Victims deserve better than to be robbed of those, in addition to having been battered and violated.

A Happy Face

There is a deep and pervasive sadness associated with abuse.  Our childhoods were stolen from us, our lives shattered.  We cannot pretend our abuse never occurred; cannot just wish our depression or PTSD away, and put on a happy face.

The Apostle Paul encouraged believers this way:

“Finally, brethren, whatever things are true, whatever things are noble, whatever things are just, whatever things are pure, whatever things are lovely, whatever things are of good report, if there is any virtue and if there is anything praiseworthy—meditate on these things” (Php. 4: 8).

So  we have every right to incorporate good people and good things into our lives. They are a reflection of God’s own love.

The problem is that we cannot do this by act of will alone. The victims of sexual abuse  cannot simply choose to “think less about sex” [1]. If our abuse was sexual, everything has become sexualized, whether we want it to be or not [2].

Tears in Heaven

“Would you know my name
If I saw you in heaven?
Would it be the same
If I saw you in heaven?”

– Tears in Heaven by Eric Clapton

How will heaven handle these issues?

Will we forget all the painful events in our lives, and the people who caused us that pain?  What if those events were formative, shaped our character and aspirations?  What if the very people who caused our pain were, also, our loved ones? Continue reading →

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February 29, 2016 · 11:43 pm

Spotlight

“Spotlight” won this year’s Oscar for Best Picture. The highly acclaimed film details the Boston Globe’s investigation into the Catholic Church sex scandal.

Does this matter to abuse victims? I think it does. Here’s why.

To begin with, the film and the attention it has received have heightened public awareness of abuse. Viewers come away with a better understanding that predators can lurk anywhere, even in plain sight and priestly garb.

More than that, “Spotlight” sheds light on a mindset and bureaucratic structure within the church that facilitated abuse.

The highest levels of authority within the Catholic Church enabled abuse by systematically covering-up what may have been thousands of instances. In the vast majority of cases, the church did not defrock predator priests. Instead, it transferred them to new parishes, allowing them continued access to children without so much as warning the new parishes.

And the church failed to report these crimes against children to civil authorities, abandoning and betraying the children under its care.

For all such reasons, the church must be viewed as complicit in the abuse perpetrated.

This is not ancient history. The victims of clergy abuse continue to wrestle with the scars of that abuse today. Many will never obtain justice.

But change comes slowly. The Catholic Church’s Advisory Counsel for the Protection of Minors now teaches that church officials have a moral and ethical duty to report suspected abuse to civil authorities [1]. As recently as September of last year, however, Monsignor Tony Anatrella had argued that reporting was not required by church law.

Hopefully, what victims can take away from “Spotlight” is a recognition that any shame associated with abuse is the predator’s alone…not theirs. Other moviegoers should already know that.
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[1] Crux, “Papal Commission: Bishops Must Report Sex Abuse Charges”, 2/15/16, http://www.cruxnow.com/church/2016/02/15/papal-commission-bishops-must-report-sex-abuse-charges/.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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November 1, 2015 · 1:00 am

Surrender

“I have been crucified with Christ; it is no longer I who live, but Christ lives in me; and the life which I now live in the flesh I live by faith in the Son of God, who loved me and gave Himself for me” (Gal 2: 20).

Recovery from abuse involves more than just flight from an abusive childhood or a past abusive relationship. It involves defining our own space, and rejecting further abusive behavior, whenever and wherever we may encounter such behavior.

In light of this, it is hardly surprising that the Christian concept of “surrender” should have ominous overtones for victims. They have had enough of surrender, enough of a power differential which invariably favored their abusers.

Spiritual Surrender

Spiritual surrender to Christ (also, known as dying to Him) is illustrated by foregoing the natural inclination toward revenge and instead “turning the other cheek” (Matt. 5: 39), behavior for which genuine Christians are known [1].

By Their Fruits

But surrender to Christ does not imply submission to petty tyrants and counterfeit saviors. Nor does surrender to Christ imply complicity in evil. Victims should be justly wary of those seeking to confuse the two. In the search for love and support, many have fallen prey to false messiahs and destructive cults (including cults misappropriating the label “Christian”).

The Bible tells us, “You will know them by their fruits” (Matt. 7: 16). This is a useful test both for identifying cults and abusive individuals. Regardless of the label or language used as camouflage, actions will give away a group or individual’s real intentions.

True Value

To reach the point Christians call surrender to Christ abuse victims must first rediscover their true value. Christ affirms that value, revealing how precious they, in fact, are to Him. Only having confronted that amazing reality are victims ready to lay their natural selves down at Christ’s feet.

“The Christian life is a life in which an indwelling Christ casts out, and therefore quickens, self. We gain ourselves when we lose ourselves. His abiding in us does not destroy but heightens our individuality.”

– “MacLaran’s Expositions of Holy Scripture, From Centre to Circumference, Galatians 2: 20” http://biblehub.com/commentaries/maclaren/galatians/2.htm

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[1] Note that revenge and self-defense are distinct from one another. Scripture permits Christians to defend themselves and their children. Criminal prosecution, society’s response to the wrong, is yet a third alternative.

With thanks to Susanne Schuberth

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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September 20, 2015 · 1:00 am

Christian Marriage and the Misuse of Scripture, Part 2 – Faith and Fault

We continue this series on abuse in Christian marriage with a few more of Satan’s lies.

“Abuse in a Marriage Is the Woman’s Fault, a Result of Her Sin”

Not only are women frequently blamed for the abuse to which they are subjected.  A Christian woman may be told that, as a sinner herself, she cannot criticize her husband’s behavior. If anything, it is her duty to reform him.

While a clever way of shifting blame, this is circular logic. It has no basis either in fact or Scripture.

Abuse – physical, emotional, financial, or sexual – is a deliberate act by the abuser. It is not the woman’s fault, and not her sin. No one deserves to be abused – not a “witch”, not a “nag”, not a “pig”, not an “old bag”, or any other offensive term the abuser may devise to excuse his reprehensible behavior. No one.

True, a sinner will reap what he sows (Gal. 6: 7). However, it is the abuser – not the victim – who has sown the wind, and will reap the whirlwind (Hosea 8: 7).

As for reform, it may take criminal liability – if that – for an abuser to change his lifestyle. Continue reading →

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July 19, 2015 · 1:00 am

Hansel and Gretel

WARNING:  Graphic Images

  • Jack Garcia, a 9 year old Maryland boy, was hand-cuffed and beaten mercilessly by his mother’s boyfriend for eating a slice of birthday cake without permission [1]. Robert Wilson then refused to allow the child medical attention for over four hours. A neighbor called 911, but Jack’s mother turned EMS workers away. By the time they returned, Jack had stopped breathing. Somehow the boy clung to life for almost 5 more days in the hospital, before dying of his injuries. It is expected that Wilson’s charges will be upgraded from assault and child abuse.
  • South Carolina parents, James and Crystal Driggers, have been arrested for forcing their 14 year old daughter to live alone in a tent in the woods, as punishment for eating a pop-tart without permission [2]. The girl was allowed nothing more than a roll of toilet paper, a flashlight, a whistle, and a watch in an area known for wild hogs. As food, the girl was given a can of spaghetti-o’s. She was not to return home for a week. Rescued by her grandmother during a severe thunderstorm, the girl was sent back to the tent by her parents. Investigation revealed she had been regularly turned out of their home for 10 hours at a time over the past month, denied water and the use of bathroom facilities during a period of 100 degree heat. The girl was taken to Social Services. Five other children were removed to their grandmother’s custody. The Driggers have been charged with unlawful neglect of a child. More charges are possible.

The punishment inflicted on these children for the most minor and understandable infractions exceeded all bounds of human decency. We search in vain for explanations for such degeneracy.

Few would treat a dog the way these helpless children were treated. And over a question of permission…as if that made the hell to which the children were subjected excusable.

Children are entitled to have their basic needs met – physical, emotional, and psychological.

Imagine how desperately this forsaken boy and girl longed for something good to eat, anything at all to eat. I cannot help but think of Hansel and Gretel, victimized by the witch. Though the children in that fairytale were hungry, too, at least their tormentor was not a family member.

How much more did these flesh and blood children long to hear a kind word, do you think?

“Parents, do not embitter your children, or they will become discouraged [disheartened and dispirited; their spirits…broke through grief and trouble…or despairing of having any share in the affections of their parents…]” (Col. 3:21 NIV, with commentary from Gill’s Exposition).

Parenthood is a privilege and a blessing, whether it is recognized as that or not. Tenderness is – or should be – a prerequisite. If government intervention were not such a blunt instrument, an argument could almost be made in favor of licensing. At least in theory then permission could be denied the unfit.
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[1] Daily News, “Maryland Boy Brutally Beaten for Eating Birthday Cake Dies in Hospital: Officials” by Boyle Murphy, 7/6/15, http://www.nydailynews.com/news/national/maryland-boy-brutally-beaten-eating-birthday-cake-dies-article-1.2283115.

[2] NBC News, “Parents Forced Daughter to Live in Woods After Eating Unauthorized Pop-Tart: Police” by Kathryn Robinson, 7/6/15, http://www.nbcnews.com/news/us-news/parents-force-daughter-live-woods-after-eating-pop-tart-n387591.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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May 31, 2015 · 1:00 am

Darkness

Pedophiles have found a way to communicate, exchange child pornography, and offer children for sexual activity in relative freedom [1]. To do this they utilize something known as the “darknet”.

The darknet is a private computer network accessible only by browsers which mask the identity of the user with encryption software. The darknet is a part of the Deep Web which, in turn, is a part of the World Wide Web we all know.

Not indexed by standard search engines like Google, the Deep Web was originally intended for military use [2]. It is still partially funded by the US government, with the purpose of facilitating free speech by political dissidents in China and elsewhere.

Unfortunately, authorities suspect the Deep Web has become a haven for criminality. Comprised of billions of websites (some merely massive databases), it is growing exponentially in size. The darknet is a case in point. Continue reading →

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April 19, 2015 · 1:00 am

Rage

WARNING:  Graphic Images

News of the deliberate crash of a German airliner a few weeks ago [1] eclipsed the story of a 19 y.o. who fatally stabbed his mother and critically injured his grandmother, in the Philadelphia home the three shared [2].

The term “home” can be applied only loosely to the situation Zachary Pritchett endured. The house had no running water and few contents. Human feces covered the floor of the room to which Zachary was evidently confined. His screams, neighbors say, could be heard every night.

Whatever else went on, neighbors were aware that – year in and year out – the young man was never allowed out of the house, and never schooled. Police and the Dept. of Human Services (child protective services) were notified, again and again.  Though police responded to the house at least a dozen times in the last year alone, no action appears to have been taken.

The night before the stabbings Zachary was overheard pleading, “Please, leave me alone. Don’t do this. Let go.”

Everyone of us has a breaking point. Zachary’s rage at a lifetime of abuse and neglect finally boiled over. He is now at the tender mercies of the justice system. All things considered, it has to be an improvement.
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[1] CNN, “Germanwings Co-Pilot Andreas Lubitz Declared ‘Unfit to Work’ Officials Say” by Faith Karimi, Michael Pearson, and Laura Smith-Spark, 3/27/15, http://www.cnn.com/2015/03/27/europe/france-germanwings-plane-crash-main/ .

[2] 6 ABC Action News/Philadelphia, “Neighbors Say Trouble in Home Preceded Fatal Double Stabbing in Bridesburg” by Chad Pradelli, 3/27/15, http://6abc.com/news/feces-no-running-water-in-home-where-fatal-double-stabbing-occurred/575533/.

FOR MORE OF MY ARTICLES ON POVERTY, POLITICS, AND MATTERS OF CONSCIENCE CHECK OUT MY BLOG A LAWYER’S PRAYERS AT: http://www.alawyersprayers.com

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