Category Archives: Law

October 13, 2013 · 1:00 am

Modern Slavery

Incomprehensible as it may be, millions today live out a modern version of slavery.  Men, women, and children are sold as if they were brute animals or inanimate objects, forced to work for little or nothing, and subjected to physical, emotional, and sexual abuse. 

Human trafficking for sexual exploitation focuses heavily on women and girls.  Children (some as young as 5 or 6) may, also, labor as domestic or agricultural workers.  As many as 53 million children under the age of 15 routinely perform extremely hazardous tasks.

William Wilberforce, an English politician, philanthropist, and abolitionist, spearheaded the parliamentary campaign against the British slave trade for over twenty five years, until passage of the Slave Trade Act in 1807.  Wilberforce then continued his efforts for over twenty five additional years, ultimately achieving passage of the Slavery Abolition Act of 1833.  His health had by then entirely failed, but his devotion takes one’s breath away.

That we are still addressing fundamental questions of liberty, justice, and equality nearly two centuries later – some 3500 years after they were first addressed in the Bible – is a reflection of what Christians would call the “sin nature” of man.  Our flawed human nature does not change from one generation to the next.  The same problems recur, albeit in different guise, one generation after another.

This might seem discouraging to non-believers, an argument for complacency.  Nothing could be further from the truth.  These are the front lines of the battle between good and evil, a battle each generation must fight for itself.  Christians know something that non-believers do not.  Though the battle may rage on, the war has been won.  It was won for us by Jesus’ death and resurrection.

Even the battle is not fought by our strength, but His.  That knowledge is empowering.  It carries us forward to accomplish the impossible.

Make no mistake.  This remains a tragedy.  We should be moved.  We should weep for these children, should pray, advocate, and fight for them.  We may not win the battle.  But our empathy, our common humanity, should be yet more threads drawing us together.

— Excerpt from Connecting Threads

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September 29, 2013 · 1:00 am

Life and Death in Philadelphia

Violence in Philadelphia has been unrelenting over the past ten years. Children as young as three are regularly killed in drive-by shootings. A few horrific incidents stand out. The rest blur together, one death as meaningless as the next.

Teenage brothers were shot to death during a home invasion. The murders, like many others, were thought to be drug related. The body of a pregnant woman with young children was found in an abandoned lot by vagrants. It had been stripped and smeared with peanut butter to attract rodents.

The horror prompts us to turn away. But that is not what Jesus would have us do. These lives are not worthless to Him, however random and pointless the deaths may seem.

“Now you shall say to this people, ‘Thus says the Lord: “Behold, I set before you the way of life and the way of death” ’ ” (Jer. 21: 8).

Lord God, our cities are devastated – the lives of the men, women, and children in them shattered by violence.

Knowing that You are the Redeemer, that it is You this world so desperately needs, we plead for those around us. We cannot bear the loss of another child, Lord. We cry out to You, for there is no other hope.

Over and over, You have set before us the way of life and the way of death. Bring repentance and revival to our nation. Turn our hearts again to You that we may choose life.

Amen

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 22, 2013 · 1:00 am

To Match the Blood – Part 2

A purple ribbon to promote awareness of Interpersonal Violence and Abuse Prevention, Author MesserWoland (CC BY-SA 3.0 Unported)

At the conclusion of one of my abuse shelter talks, the women there presented me with a notebook of handwritten thanks they had put together for me.  I cherish that memento, but the thanks were unnecessary.  It has been my honor to speak to and for these women.

Inadequate Legal Relief

The legal system provided inadequate relief.  [According to the women I met, it] could be life-threatening for…[an abused] woman to contact police.  Too often, police treated the call for help as a routine squabble.  Protective Orders could be obtained through the courts, but were not always enforced.

Family Court

Though not a domestic relations attorney, I had been to Family Court for the legal clinic.  It reminded me of nothing so much as an ancient bazaar, merchants haggling.

The rooms were packed with unrepresented women and their children, all supplicants waiting their meager share of justice.  Some judges welcomed the few attorneys present; others seemed to despise attorneys.

The teenage son of one of my clients was…determined to become a lawyer, himself.  At age fourteen, he was already jaded by the system, sure that he could master it.  Certain he could do no worse.

— Excerpt from Like Rain on Parked Cars by Anna Waldherr

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September 15, 2013 · 1:00 am

To Match the Blood – Part 1

Photo for USS Theodore Roosevelt’s Coalition of Sailors Against Destructive Decisions, Author Mass Communication Specialist 3rd Class Sean Hurt, Source Flickr (PD as work product of federal govt.)

As a lawyer, I spoke from time to time with small groups of other lawyers or lay people about the law.  Several times such talks found me at a Philadelphia shelter for battered and abused women.   I was deeply moved by the experience.

Initially, I did not know what to expect.  I assumed, if anything, that I would pity these women. That was not, however, the case.

Instead, I was in awe.

All Colors, Shapes, and Sizes

The women, themselves, came in all colors, shapes and sizes. Those I met ranged in age from their early twenties to mid-sixties. Some were pretty and petite, others statuesque Amazons.

Some could barely make eye contact, were hesitant to speak.  Others had acquired a hardened demeanor or false bravura to hide their pain.

All were deeply concerned for the welfare and safety of their children.

We spoke about the fact that battered women constitute 25% of the women attempting suicide, and 23% of the women seeking prenatal care at any given time.  We spoke about the fact that children raised in abusive households are as many as many as ten times more likely than normal to become abusive adults (or, themselves, become involved with abusive partners).

We spoke about the spiritual issues faced by domestic abuse victims, and the practical difficulties of making a new life.  We spoke about rebuilding self-esteem, and the lure of false hope that the abusive partner would “change.”

Beaten, Stabbed, and Burned

But above all, we spoke about the lives of these women.

They had been beaten, stabbed, burned, locked in, tied up, and chained down.  They had been criticized for being attractive and criticized for being unattractive, instructed what to wear, then punished for wearing it.  They had been struck by tire irons, and thrown out windows.  They had suffered broken hearts, broken dishes, and broken bones. Continue reading →

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September 1, 2013 · 1:00 am

14 Is 14

Montana District Judge G. Todd Baugh this week apologized for having characterized a 14 year old victim of statutory rape as “older than her chronological years.” According to Montana law, children under the age of 16 cannot consent to sex.

The judge had commented that this was not “some violent, forcible, horrible rape,” suggesting that the young victim, Cherice Moralez, was very much in control of her sexual relationship with teacher, Stacey Rambold.

It did not occur to Judge Baugh to apologize until public pressure developed for his resignation. The judge did not apologize for having sentenced Rambold to 30 days (the bulk of his 15 year sentence suspended).

The sentence is an insult to women everywhere and rape victims, in particular. Judge Baugh gave as his reason for it the fact Rambold was unlikely to repeat the crime.

It is difficult to fathom how the judge reached that conclusion, given the fact Rambold had already violated the terms of a sexual offender program, completion of which would have assured him the dismissal of all charges. That denotes a predator unwilling to abandon his hunt for defenseless victims.

The judge did not discuss the fact prosecution was deferred 3 years to accommodate the predator.  The young victim meanwhile committed suicide, at age 16.

Statutory rape laws are in place to protect our children as they mature, sexually and otherwise. The teachers to whom we entrust our children are under an obligation to protect – not molest – them.  Clearly, Judge Baugh does not understand that 14 is 14.

Regrettably, the judge does not intend to resign. There is no plan to appeal.

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August 25, 2013 · 1:00 am

The Child Victims of War

Syrian rebels claim that President Bashar Assad used chemical weapons this week to kill another 1200 of his own people. Over 100,000 have died in the past two years in Syria’s civil war.

Footage has been provided of children choking, adults writhing in pain, and bodies stacked in temporary morgues like so much cordwood. Hammish de Bretton-Gordon, a British counter-terrorism expert, has said these symptoms are consistent with a chemical attack.

Since the rebels are not thought to possess the sophisticated weaponry required, the attack is more likely to have originated with Assad’s forces.

Adults can decide which side to support in a war; can argue their actions are justified, and believe their deaths meaningful.  Children do not have such options. These victims of war often cannot comprehend why anyone would harm them.  Their world is simply thrown into chaos. Loved ones disappear. Horror prevails.  Deprivation becomes the norm for those few who survive at all.

UNICEF estimates that, during a recent ten-year period, fully 2 million children died as the result of armed conflict; 6 million more were injured or disabled [1].

About 15,000 – 20,000 people are killed or maimed each year by landmines or other explosive remnants of war (ERW) [2][3]. Approximately one in every five victims is a child, and 85% of children die from their injuries before reaching a hospital [4].  Children are more likely than adults to handle these dangerous devices from curiosity, assuming them to be toys [5].

Another Mother for Peace, an anti-war group from the ‘60s, was known for the slogan, “War is not healthy for children and other living things.”  The merits and shortcomings of pacifism cannot be resolved by a sentence or two.  We can all, however, agree that war is not healthy for children. Those engaging in it should make absolutely certain there is no better course.

___
[1] Human Rights Watch, Armed Conflict: Child Casualties of War.
[2] and [4] UNICEF, Children and Landmines: A Deadly Legacy.
[3] Care in Landmines: The Hidden Menace places the figure at 26,000 deaths.
[5] UNICEF, Impact of Armed Conflict on Children.

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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August 11, 2013 · 1:00 am

In the Aftermath of Abuse, Part 5 – Forgiveness

From a human perspective, it is inconceivable that abuse victims would consider forgiving so grievous a violation as abuse. Only with God’s intervention can abuse victims hope to forgive the perpetrator, and successfully move on with their lives.

Forgiveness begins with a decision to put the violation in the past. It may be necessary to re-address forgiveness as life events bring other areas of unforgiveness to the survivor’s awareness.  This does not mean that the victim should be placed again in harm’s way.

Forgiveness cannot be forced (and does not preclude criminal prosecution). But without it, victims run the risk of being consumed by bitterness. God wants more for them than that.

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August 4, 2013 · 1:00 am

Not Democracy

“Then Tamar put ashes on her head, and tore her robe of many colors that was on her, and laid her hand on her head and went away crying bitterly” (2 Sam. 13: 19).

For those who may not be familiar with the Bible story, Tamar, a daughter of King David, was raped by her brother, Amnon.  She was denied justice.

Not a great deal of progress has been made in the Middle East since then.  Over 180 rapes have taken place in Tahrir Square while the world watches.  The possibility of justice for these victims remains remote.

As many as 30 to 100 men will isolate a woman, then violate her with their hands, literally tearing the clothing off her back.  Women may be beaten with chains, chairs, and other objects while being raped.  The genitals of some women have been cut.

Public violence against women has been a problem in Egypt before.  Foreign journalists, including Lara Logan and Sonia Dridi, have been assaulted and raped.  Even more disturbing perhaps, a UN survey on gender equality reported that 99% of the Egyptian women responding had been subjected to some form of sexual violence in their lives.

The message being sent is that women have no place outside the home.

A large part of the problem is the fact that sexual abuse is not a crime in Egypt.  Sexual violence may be committed without fear of reprisal.  Police treat rape victims as if they were the culpable party.

Tahrir Square is no Tiananmen Square.  Whatever else the protests ongoing in Tahrir Square may be, they are certainly not democracy, and should not be mistaken for some fledgling version of it.   We should not delude ourselves.

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July 28, 2013 · 1:00 am

Monster

A monster pled guilty to his despicable acts in open court this week.

To avoid the death penalty, Ariel Castro – the man who held three young women in Cleveland captive for 10 years, who brutally beat, raped, and starved them, killing one of his children in the womb – pled guilty to 977 counts.  Castro was sentenced to life in prison plus 1000 years.  The plea deal spares the women from testifying at trial.

Castro attempted to lay the blame for a decade of voluntary, heinous acts on supposed sexual abuse in his own past and an addiction to pornography.  This was nothing less than slander against the many child abuse survivors who would give their lives rather than harm a child.

According to Childhelp[i], about 30% of child abuse and neglect victims abuse or neglect their children.  This tragic figure tends to mask the fact that 70% of victims do not abuse or neglect their children.

Evil is, in other words, a result of choice.

The Abel study of non-incarcerated sex offenders (those offending against both child and adult victims) found individuals from every walk of life, and all levels of education; 80% between the ages 20 – 49; 53% married, formerly married, or at some point in a partner relationship; and the majority employed[ii].  In some 59% of cases, intense interest in sex with a non-consenting person (child or adult) began in adolescence[iii]  apparently without a trigger.

In studies of juvenile sex offenders, Johnson and Schreir reported prior physical or sexual abuse by 66%; Longo reported prior abuse by 47%[iv].  To the extent these figures are accurate, they suggest 34% – 53% of juvenile sex offenders were never themselves abused.

Admittedly, many factors influence our choices.  But the choices remain in our control.  Monsters make themselves.

[i] Childhelp, National Child Abuse Statistics, http://www.childhelp-usa.com/pages/statistics.

[ii] The Future of Children, Judith V. Becker, PhD, Princeton University http://www.princeton.edu/futureofchildren/publications/docs/04_02_09.pdf.

[iii] As above.

[iv] As above.

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July 25, 2013 · 1:00 am

Attacked at School

Nearly 100 Afghan school girls are believed to have been the victims of gas attacks last month.

In Faryab Province, a man was spotted running toward the school’s orchard at the time of the attack.  In Wardak Province, police found nothing at the school which might have caused the problem. They could not rule out heat and a lack of hygienic conditions. One of the stricken girls, however, reported a “bad smell” and defended her school’s cleanliness.

These were just the latest in a series of incidents involving school girls. In May of this year, 80 girls were taken ill in Faryab Province; another 150, in Balkh Province.  Gas was suspected. In April, 74 girls fell victim in Takhar Province. The odor of gas was present.

The Taliban denies responsibility for these cowardly attacks. There is, however, great fear that the attacks will accelerate once Western forces are withdrawn from Afghanistan.

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