Category Archives: Law

April 12, 2015 · 1:00 am

Unbiblical, Part 6 – Forgiveness v. Victims’ Rights

“ ‘And forgive us our sins, For we also forgive everyone who is indebted to us’ ” (Luke 11: 4).

As I have said elsewhere on this website, forgiveness is a personal matter between abuse victims and their God. Urging forgiveness on victims prematurely ignores the gravity of their trauma, and the depravity of the sins committed against them.

This amounts to a further violation. Victims will necessarily feel that Christians are siding with the predator…even condoning the abuse. Shockingly, in some cases Christians have been guilty of this.

Witness the Catholic Church sex scandal. This was, at best, a product of poor judgment, and a distorted view of Scripture. At worst, it was a cold and calculated attempt to avoid corporate responsibility, while facilitating the most heinous of crimes.

Either way, church hierarchy applied precisely the same rationale to young abuse victims, as the high priest, Caiaphas, did to Christ:  “ ‘…[I]t is expedient for us that one man should die for the people, and not that the whole nation should perish’ ” (John 11: 50).

To be clear, forgiveness is not a “warm and cozy” feeling, on the part of victims. It is a deliberate decision by victims to leave the harm inflicted on them behind, and instead move on with their lives. Continue reading →

14 Comments

Filed under Child Abuse, Christianity, Emotional Abuse, Justice, Law, Neglect, Physical Abuse, Religion, Sexual Abuse

Tagged as , , , , ,

February 1, 2015 · 1:00 am

Conned

A New Jersey nurse conned by the man she had hoped to marry has turned her attention to changing the state rape law [1]. Mischele Lewis wants scammers such as the one who victimized her treated as sex offenders.

Lewis met William Allen Jordan through an online dating service. He gave her a false name, false employment history, and false marital history. Only after the two had become engaged, and Mischele was pregnant, did she discover Jordan’s true identity and background.

As it turned out, William Allen Jordan had a bevy of ex-wives and fiancees, along with 13 children by 6 different women. One of Jordan’s British victims had gone so far as to write a book about him. Worse yet, Jordan had been convicted of child molestation, and had served time in prison for bigamy and fraud before becoming involved with Mischele.

On her own initiative, Mischele Lewis devised a sting operation that resulted in Jordan’s arrest. She compiled bank statements, emails, and photos; and secretly recorded conversations with Jordan. He subsequently pleaded guilty, and is facing a three year sentence.

Lewis does not believe this is adequate.

Since her consent to the relationship with Jordan was obtained under false pretenses, Mischele Lewis argues that Jordan’s scam amounted to sexual assault by deception. The New Jersey courts do not currently approve this theory of liability, which is why Lewis has been lobbying the legislature for a change in the law. Assemblyman Troy Singleton has now drafted the necessary bill.

Opponents of the proposed change contend that the new law could be so broadly interpreted as to turn common seduction ploys into potential felonies. It may be reprehensible for traveling salesmen to pretend they are single (when that is not the case) or for suitors to portray themselves as wealthier than their bank accounts might reflect. The question is: Should this behavior be criminalized?

Mischele Lewis maintains that women deserve protection against con men who take sexual advantage of them, as well as financial.

Something to watch.
—
[1] NBC News, “ ‘I Wanted Justice’: Con Victim Turns Focus to Changing Rape Law” by Jon Schuppe, 1/24/15, http://www.nbcnews.com/news/us-news/i-wanted-justice-con-victim-turns-focus-changing-rape-law-n291661.

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

 

8 Comments

Filed under Child Abuse, Emotional Abuse, Justice, Law, Violence Against Women

Tagged as , , , ,

January 11, 2015 · 1:00 am

No Longer Helpless

  • In Georgia, a 13 y.o. boy missing for four years has been reunited with his mother. The boy had been held captive in a false “wall” by his father and stepmother. The pair have been charged with obstruction of justice, false imprisonment, and cruelty to children [1].
  • An even more sinister masquerade played out in Texas. There 17 y.o. Ricardo Javid Lubo enrolled in the sixth grade, apparently to recruit potential victims for purposes of child pornography [2]. The blood runs cold at the thought.

The Humane Society advocates against cruelty to animals.  Gandhi said, “The greatness of a nation can be judged by the way its animals are treated.” Both Islam and Judaism emphasize the proper treatment of animals.

While I do not necessarily disagree, I would contend that the essential measure of a nation lies in how that nation treats its children.

The well-being of children is wholly dependent on the quality of care the adults around them provide. Those cruel toward animals are likely to be cruel toward human beings, as well. Like animals, children are helpless to defend themselves – their only response a muffled cry in the hall.

Children can be harmed with little effort.  They can be slapped, scalded, sexually assaulted, struck, and shaken to death.  Children can be starved for love and attention, as well as for bread.  Their souls may be withered by a word or glance; permanently scarred by a single unwanted touch.

We, however, are no longer children. While we may once have been abused, we now have the strength to reclaim our lives. And we have the power to oppose child abuse, wherever we may encounter it.

The congressman who paws interns, the priest who sodomizes altar boys, the teacher who seduces students, and the boyfriend who uses his partner’s children as a punching bag are now on notice.

Their behavior is under scrutiny. Their secret will out. There will be consequences.

That cry in the hall will no longer go unnoticed. We are no longer helpless. We are no longer alone.  And we will no longer be silenced.

—
[1] NBC News, Crime & Courts, “Boy Missing for 4 Years Found in ‘False Wall’ in Georgia Home: Police” by Elisha Fieldstadt, 11/29/14, http://www.nbcnews.com/news/crime-courts/boy-missing-four-years-found-false-wall-georgia-home-police-n258121.

[2] NBCDFW.com, “Child Porn Suspect Enrolled as a Sixth Grader” by Bianca Castro and Johnny Archer, 11/21/14, http://www.nbcdfw.com/news/local/Two-Men-Arrested-for-Child-Pornography-283391581.html?partner=xfinity1.

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

2 Comments

Filed under Child Abuse, Emotional Abuse, Justice, Law, Neglect, Physical Abuse, Religion, Sexual Abuse

Tagged as , , , , , , ,

January 4, 2015 · 1:00 am

The Dysfunctional Lawyer, Part 2

“A Bailiff and An Attorney – A Match for the Devil” (1760), Source Library of Congress, British Cartoon Prints Collection (Digital ID cph. 3c05267)

“The first thing we do, let’s kill all the lawyers.”

–  Dick the Butcher, from Shakespeare’s Henry VI

Despite the large number of lawyer jokes, most lawyers are not dysfunctional human beings.

We articulate and guard the rights of our clients in a non-violent arena, i.e. the courtroom, in which confrontation takes the place of combat.

And we are ethically bound to put the client’s interests before our own. That requires us, among other things, to decline (or withdraw from) cases where some mental or physical condition on our part would materially impair our ability to represent the client.

The Dysfunctional Lawyer

Regrettably, the legal profession is not free of dysfunctional individuals. Abuse victims may be especially vulnerable to such individuals, and should be on the lookout for these characteristics.

A. The Large Ego

Deservedly or not, lawyers are regularly praised by those who want something from them. That stroking can produce an enlarged ego. But a sense of self-importance is not an indication of real ability on a lawyer’s part.

The lawyer with a large ego may be entirely competent. However, s/he is likely to be difficult for clients to deal with (reinforcing the supplicant role abuse victims are seeking to escape).

Large egos are, also, fragile. They must be propped up. Alcohol and drug abuse are not unknown among lawyers. These obviously interfere with judgment. The state bar will know whether a lawyer’s license has ever been suspended or revoked.

B. Entitlement

A large ego can lead to a sense of entitlement. More than a character flaw, the sense of entitlement may cause a lawyer to rationalize the misuse of client funds to support a lavish lifestyle.

Alternatively, a sense of entitlement can be used to “justify” the initiation of a sexual relationship with an emotionally fragile client. Continue reading →

9 Comments

Filed under Abuse of Power, Law, Violence Against Women

Tagged as , , , ,

December 28, 2014 · 1:00 am

The Dysfunctional Lawyer, Part 1

“The Cry of Justice” by Frank Varley
Auckland Punch Magazine (1868)

“‘Let us choose justice for ourselves…'” (Job 34: 4).

It takes great courage to flee an abusive relationship, and confront an abuser.

While criminal matters are generally handled through the District Attorney’s Office on the state level and the US Attorney’s Office on the federal level, abuse victims seeking divorce or money damages for their pain and suffering will need to pursue civil litigation.

Civil lawyers can be found who specialize in victims’ rights following rape, child abuse, domestic abuse, elder abuse, clergy abuse, and sexual harassment.

A good lawyer can help restore the abuse victim’s life. A dysfunctional lawyer (or a dysfunctional relationship with an otherwise good lawyer) can delay the process, undermining an abuse victim’s already tenuous confidence.

Abuse Victims as Clients

Abuse victims deserve a dedicated advocate: someone whose honesty is above reproach, who will be diligent in pursuing their case, who will communicate on all critical matters, and whose legal judgment can be relied upon as sound.

Fortunately, there are many lawyers meeting these criteria.

A. Cost

Cost is likely to be the first criteria abuse victims consider, in choosing a lawyer.

Personal injury litigation is usually taken on a contingency basis, for a percentage of the ultimate recovery. What that percentage can be differs somewhat from state to state. Thirty percent for the lawyer is typical.

The legal fees in other types of cases, for example divorce or bankruptcy, are usually calculated on an hourly basis. This can be a challenge for abuse victims, who may not have much in the way of funds.

Legal aid is available across the country, but the types of civil cases covered will vary. Abuse victims should check with their local offices.

Victims organizations like WomensLaw.org and RAINN (Rape, Abuse, & Incest National Network) can be a good source of information. Most bar associations will, also, have referral services with lists of lawyers in various specialties. Often an initial consultation will be free or at a reduced rate.

B. Credentials

Thousands upon thousands of lawyers advertise, online and elsewhere. Whatever claims may be made in ads, victims should remember that lawyers are not superhuman, and that a verdict awarding money damages in their favor (particularly a large amount) is not guaranteed.

Since a lawyer can be instrumental in improving a client’s circumstances, the lawyer’s credentials should be carefully scrutinized, in the same way one might review the credentials of a physician.

Abuse victims will find lawyer ratings available online, but should not rely exclusively on these. Many fine lawyers are never rated. The recommendation of a friend can be as valuable.

C. Questions

For their own well-being, abuse victims should speak up. Continue reading →

1 Comment

Filed under Abuse of Power, Child Abuse, Justice, Law, Violence Against Women

Tagged as , , , , , , , , ,

December 7, 2014 · 1:00 am

One In Every Five

  • Six young men, ages 16 to 18, were recently accused of the gang rape of a fellow high school student in Florida [1]. The sexual assault occurred after school. The underage victim was convinced to accompany her assailants into a wooded area. When the intentions of the group became clear, the victim attempted to leave, but was prevented. Some are publicly defending the assailants on Twitter.

There is a rape every 6.2 minutes in the United States; one in five women in this country is likely to be raped in her lifetime [2][3]. Because rape is under-reported, the figures may be higher. Eighty three year old women have been raped, as have four year olds.

The United States does not separately collect data on gang rapes. It is estimated, however, that 25% of all rapes are gang rapes [4]. These are almost always premeditated [6][7].

A 2013 report on rape and gang rape in the medical journal, The Lancet Global Health, listed entertainment, sexual entitlement, and punishment of the victim among the motives given [5]. Associated factors often include alcohol, poverty, “proof” of heterosexual prowess, a need for dominance over women, gang-related activity, and a history of child abuse. Continue reading →

2 Comments

Filed under Child Abuse, Law, Religion, Violence Against Women

Tagged as , , ,

November 23, 2014 · 1:00 am

Cubs

ISIS is recruiting and training child soldiers it proudly calls “Cubs of the Islamic State” [1].

The recruitment and use of children as soldiers is a war crime, though not without precedent. Children – often forcibly conscripted – have acted as soldiers in India, Chad, the Democratic Republic of the Congo, Uganda, Sierra Leone, Thailand, and Myanmar [2].

In Sierra Leone, boys between the ages of 7 and 14 served in the Small Boys Unit. Some 10,000 are thought to have taken part, in that nation’s civil war from 1991-2002 [3]. These children were involved in rape, mutilation, sexual slavery, murder, and other forms of human rights abuses.

Over 30,000 children have taken part in the decades long conflict in Uganda, a substantial number of these actually abducted [4]. Young girls are subject to sexual violence, or required to serve as “wives” of the rebels and have their children.

And now ISIS.

Boys are taught how to use AK-47s and mercilessly behead captives. An Iraqi security official was quoted by NBC News as saying, “They use dolls to teach them how to behead people, then they make them watch a beheading, and sometimes they force them to carry the heads in order to cast the fear away from their hearts.”

Some children are used by ISIS as suicide bombers; others, as human shields. They are, also, indoctrinated in Shariah law. “It’s being done for the same reasons that Hitler had the Hitler Youth,” stated Charlie Winter of the Quilliam Foundation.

Brainwashing these children is a long-term strategy to assure ISIS’ continued existence. “They have to get used to hearing the sounds of explosions and machine guns and missiles and artillery and aircraft,” Abu Dujana explained. “They should get used to seeing blood,” the ISIS fighter said.

Americans can expect to see more blood, as well.

—
[1] NBC News, “ISIS Trains Child Soldiers at Camps for ‘Cubs of the Islamic State’ ” by Cassandra Vinograd, Ghazi Balkiz and Ammar Cheikh Omar, 11/7/14, http://www.nbcnews.com/storyline/isis-terror/isis-trains-child-soldiers-camps-cubs-islamic-state-n241821.

[2] Child Soldiers International, http://www.child-soldiers.org/.

[3] Human Rights Watch, “Sierra Leone Rebels Forcefully Recruit Child Soldiers”, 6/1/00, http://www.hrw.org/news/2000/05/31/sierra-leone-rebels-forcefully-recruit-child-soldiers.

[4] UN.org, Ten Stories the World Should Hear More About, “Uganda: Child Soldiers at Centre of Mounting Humanitarian Crisis”, http://www.un.org/events/tenstories/06/story.asp?storyID=100.

 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

Leave a comment

Filed under Abuse of Power, Emotional Abuse, Law, Physical Abuse, Religion, Sexual Abuse, Violence Against Women

Tagged as , , , , , , ,

November 9, 2014 · 1:00 am

American Horror Story

WARNING:  Graphic Images

A three year old boy was beaten to death by his mother and her boyfriend this week. Prosecutors have called his death an American horror story.

Scotty McMillan was tortured for three days by Jillian Tait and Gary Fellenbaum [1]. The child was hung by his feet, and struck with a whip. He was tied to a chair, punched, and beaten with a metal rod. His head was put through a wall.

The nurses who ultimately saw the little boy’s wounds wept. Scotty was gone by then.

We can discuss statistics. The rate of physical abuse is up. Three quarters of the most seriously abused children seen in hospitals in 2009 were on Medicaid, suggesting that poverty is a major stressor on families [2].

We can discuss failures by the system. Scotty’s six year old brother, also regularly abused, attended school. Despite a legal duty to report suspected abuse, no teacher or school counselor contacted authorities.

We can discuss spirituality and moral responsibility. Surely, this was a violation of the laws of God and man. Any mother’s natural instinct would have been to protect her children, rather than inflict harm on them.

We may never know what led Tait and Fellenbaum to act in this inhuman manner. Were they once abused themselves or witnesses to abuse? Were they psychopaths without empathy or sadists excited by the pain of their victims? Whatever the answer, nothing excuses their actions.

Ultimately, the rest of us must remain vigilant for the signs of abuse in children, even those not our own. We may be their only hope.

A list of 10 frequent signs of child abuse can be found at the Safe Horizon website http://www.safehorizon.org/page/10-signs-of-child-abuse-58.html.
—
[1] NBC 10, “Mom, Boyfriend Beat Boy, 3, to Death inside Chester County Home: Prosecutors” by Dan Stamm, 11/6/14, http://www.nbcphiladelphia.com/news/local/Chester-County-Child-Abuse-Murder-281806151.html.

[2] CBS News, “Serious Injuries from Child Abuse on Rise, Especially in Infants” by Ryan Jaslow, 10/1/12, http://www.cbsnews.com/news/serious-injuries-from-child-abuse-on-rise-especially-in-infants/

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

Leave a comment

Filed under Child Abuse, Emotional Abuse, Justice, Law, Neglect, Physical Abuse, Poverty, Religion

Tagged as , , ,

September 21, 2014 · 1:00 am

Private Matters

The after effects of the Ray Rice situation continue to be felt. For those who do not follow sports, Rice was discharged by the Ravens after the video of his assault on now wife, Janay Palmer, became public.

To show their support for Rice, many female fans have made it a point to continue wearing Rice jerseys to the game. A group of NFL wives expressed their view that the assault was an isolated incident (highly unlikely) and a private matter, between Rice and Palmer.

Earlier this summer, Greg Hardy of the Panthers was convicted of beating his girlfriend and threatening her life. Ray McDonald of the 49ers has been charged with domestic violence for injuring his pregnant fiancée. After being discharged from two different teams for domestic abuse (slapping one girlfriend, and stalking another), Chris Rainey has been signed by the Cardinals.

Meanwhile, Adrian Peterson of the Vikings has been indicted on child abuse for using a switch to discipline his 4 y.o. son.

Are all these private matters?

Do fame and high salaries – or perhaps the revenue generated for the owners – make sports figures immune from the standards which apply to the rest of us? Should we simply turn away?

Or is there a point at which society should intervene to protect the weak?

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

2 Comments

Filed under Child Abuse, Justice, Law, Sports, Violence Against Women

Tagged as , , ,

September 14, 2014 · 1:00 am

Respect

“I do deeply regret the role that I played in the incident that night…I love Ray, and I know that he will continue to prove himself not only to you all but the community, and I know he will gain your respect back in due time [1].”
– Janay Palmer Rice

This was the statement Janay Palmer made at the first press conference she and her then fiancé Baltimore Ravens running back, Ray Rice, held after Rice knocked her unconscious in an elevator at the Revel Casino & Hotel in Atlantic City.

The couple were married one day after a grand jury indicted Rice for 3rd degree aggravated assault.

The Ravens released Rice from his contract in response to the public outcry after video of this incident was circulated. Rice is seen delivering a left hook to the smaller and weaker Palmer while the two bickered, then dragging her body carelessly into the hall.

Much has been said about the penalties the team and NFL should have imposed from the outset. Formal standards have now been put in place, regarding domestic violence.

Two questions, however, remain. Why would a successful football player feel the need to coldcock the mother of his child, a woman he claims to love? And why would the victim of his assault feel she should apologize for it? Continue reading →

2 Comments

Filed under Justice, Law, Sports, Violence Against Women

Tagged as , ,