Category Archives: Law

July 24, 2016 · 1:00 am

Progress

Lawyer Belva Ann Lockwood, Authors Matthew Brady/Levin Corbin Handy, Source Library of Congress Prints and Photographs Division http://loc.gov/pictures/resource/cwpbh.04374/ (PD)

Roger Ailes (founder, Chairman, and CEO of the Fox News Channel) has stepped down in the face of a barrage of sexual harassment complaints by female employees.  An investigation by parent corporation, 21st Century Fox, in response to a lawsuit by Gretchen Carlson, uncovered at least 20 similar claims, capped by that of star anchor, Megyn Kelly [1].

Fox has long been known for a frat boys atmosphere, so this is progress.

When I first thought about becoming a lawyer, there were only 3%-4% women in the American legal profession.  At the first client gala I ever attended, the senior partner introduced me with the words, “This is the shape lawyers come in now.”  At the first golf outing I ever attended, I could not join clients at the bar.  It was restricted against women.

Conservatively attired in the most formal business suits I could find, I was in the early days routinely mistaken for witnesses, court reporters, and women from the services responsible for tracking court dates, until I identified myself as the lawyer on a case.  I was paid less than my male counterparts, often worked longer hours, but made partner at a time that was still a rare achievement for women.

Mind you, Belva Ann Lockwood (1830-1917) had been the first woman lawyer to argue before the US Supreme Court a full century earlier. Continue reading →

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June 19, 2016 · 1:00 am

Honor

WARNING:   Graphic Images

Incest, the least reported form of sexual abuse, exists worldwide.  Even when incest is disclosed to other family members, a family may want to keep the abuse secret from society at large, in the name of so called “honor”.  There can, also, be governmental reluctance to investigate matters considered of a highly personal nature.

This leaves victims without recourse.

Pakistan – Human Rights Violations

Pakistan is just one country where these factors come into play [1].  The UN estimates that 36% of girls and 29% of boys in Pakistan experience sexual abuse.  An estimated 90% of street children have been sexually abused [2].

The situation is complicated by the fact that women have so little power over their own lives, and so few options other than staying in an abusive marriage.  Mothers are, in effect, as trapped as their children.

Despite this (or because of it), both mothers and fathers have been known to participate in honor killings.

Honor Killings

As long ago as 1989, Zein and Maria Isa, a Pakistani couple living in St. Louis, jointly murdered their daughter, a high school senior, for taking a part-time job at Wendy’s, and dating a boy of whom they did not approve [3].  Though the couple claimed Tina had attacked them, this was proven untrue when it was revealed the murder had been recorded.  Zein Isa had been under surveillance as a possible terrorist, and a listening device installed in the couple’s home.

Little has changed in Pakistan.  Earlier this month, 18 y.o. Zeenat Rafique was tied to a bed, then set afire by her mother and brother [4].  Zeenat’s crime was that she had married without her family’s permission. Continue reading →

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June 12, 2016 · 1:00 am

20 Minutes

Brock Turner, a Stanford University athlete with Olympic aspirations, was convicted in March of sexually assaulting an unconscious woman at a fraternity party.  Turner was caught in the act, and chased down by two witnesses.

Though facing up to 14 years in prison, Turner received a six-month sentence [1].  Even this slap on the wrist was viewed as excessive by his father.  Dan Turner had opined, in a letter to the court, that jail time would be “a steep price to pay for 20 minutes of action” [2].

While it is difficult to overstate the sheer stupidity of this remark, the remark itself is extremely revealing.  Clearly, here is a father who taught his son nothing about ethics or morality, since he himself cannot grasp the violation that occurred.  Evidently, women are merely to be viewed as sexual conquests…a convenience – like party favors – particularly if they are unconscious during the assault.

Why should a Stanford man, the cream of the crop (at least in his own eyes), be deprived of sex on demand by a little thing like consent?  A technicality, really.  The girl should have been grateful for 20 minutes of his attention.

What are 20 minutes out of a woman’s life anyway?  All she has to do is open her legs.  How much can that matter?  It’s not as if she has value, let alone rights.

“He will never be his happy go lucky self with that easy going personality and welcoming smile,” the elder Turner concluded.  One cannot help but wonder whether the rape victim will ever be her happy go lucky self again either.

And whether the Turner women view things quite the same way.

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[1]  A petition bearing 1 million signatures has been submitted to the California state legislature, seeking to impeach Judge Aaron Persky.

[2]  Washington Post, “‘A steep price to pay for 20 minutes of action’:  Dad defends Stanford sex offender” by Michael E. Miller, 6/6/16, http://www.msn.com/en-us/news/crime/%E2%80%98a-steep-price-to-pay-for-20-minutes-of-action-dad-defends-stanford-sex-offender/ar-BBtUZpE?ocid=ansmsnnews11.

 

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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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