Category Archives: Law

March 2, 2014 · 1:00 am

Fate of the Predator

“Well, I was there and I saw what you did.
I saw it with my own two eyes.
So you can wipe off the grin. I know where you’ve been.
It’s all been a pack of lies…
Well, I remember. I remember, don’t worry.
How could I ever forget?…
The hurt doesn’t show; but the pain still grows.
It’s no stranger to you or me.”

– In the Air Tonight by Phil Collins

Justice demands that predators – those who harm children for their own pleasure – be punished for their crimes, and prevented from harming additional victims.  But the justice system necessarily has limitations.

Proof can be difficult to come by.  A child may not survive the abuse or may not be able to speak of a violation for years.  Parents may choose that their child not undergo the rigors of a trial.  Predators may be institutionally shielded (as by the Roman Catholic Church), may relocate, assume a new identity, or even pass away, in the intervening years.  Supportive evidence can be lost.

This does NOT warrant vigilantism.  Whatever the temptation, we cannot ally with evil. The end does not justify the means.

What then is the fate of pedophiles? Recidivism is a grave concern.  There are predators whose conscience is seared to such an extent that it no longer functions.  One study, however, found that suicide among non-violent child sex offenders is 183 times more common than in the general public [1].  There are, of course, victims who commit suicide, as well.

In the end, our fate is not dependent on the fate of the predator.  That bears repeating.  Justice matters.  But our fate is not dependent on the fate of the predator.

Whatever the outcome in a particular case, we can trust that there will be perfect justice in the next world, if not in this. “He is the Rock, His work is perfect; for all His ways are justice…” (Deut. 32: 4).
—
[1]  National Center for Biotechnology Information (NCBI), US National Library of Medicine, National Institutes of Health, “Differential suicide rates in typologies of child sex offenders in a 6-year consecutive cohort of male suicides” by C. Pritchard and E. King, http://www.ncbi.nlm.nih.gov/pubmed/16040578.

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January 26, 2014 · 1:00 am

No Fairy Tale

The AP is reporting that Pope Francis defrocked some 400 priests in the last two years for raping and molesting children [1].

During the same period, an international alliance of police agencies traced and demolished a global child pornography ring. Over 300 arrests were made in Canadian-directed Operation Spade.  ABC.net quoted police spokesperson, Joanna Beaven-Desjardins, as saying, “It is alleged that officers located hundreds of thousands of images detailing horrific acts against young children, some of the worst that they have ever viewed,”[2].  More than 350 victims were, also, rescued.

Sadly, this is what passes for good news among abuse survivors.  And it is good news. Do not misunderstand.

The hours police spent on thankless, but necessary, tasks – the careful forensic analysis; the endless review of films depicting torture and violation; the phone calls traced; the witnesses interviewed; the false leads explored – not to mention the disappointments; the cold cups of coffee; and the peace of mind forever lost, were well worth the effort.

The 350 or more lives saved by police cannot be over-valued. Even one life saved would have been priceless. And vindication for the victims abused by priests is long overdue.

But this is no fairy tale. The benefit to victims is only prospective, not retroactive. Their scars remain.

—
[1] AP, NewsBreak: Pope defrocked 400 priests in 2 years, by John Heilprin and Nicole Winfield, 1/17/14, http://www.nbcnews.com/id/54101969#.UtmHqrTTncs.

[2] ABC.net, 66 Australians arrested as Canadian police smashed ‘horrific’ child abuse sex ring, 11/15/13, http://www.abc.net.au/news/2013-11-15/global-child-pornography-ring-smashed-by-canadian-and-australia/5093498.

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January 12, 2014 · 1:00 am

Savannah

WARNING:  Graphic Images

A 9 y.o. Alabama child is alleged to have been run to death as punishment for lying about a candy bar. Savannah Hardin died after being forced to run for three hours around and around her home, carrying 10 lbs. of wood. Authorities are uncertain whether she was physically or verbally coerced.

The girl was being punished for lying about eating the chocolate forbidden to her because of a medical condition. Savannah’s grandmother and stepmother have been charged with her murder.

“Savannah” is such a beautiful name. It evokes lace fans and languorous summer days, Spanish moss trailing from live oaks. But Savannah did not get the chance to live up to her name. Her beauty was snuffed out.

Still, in a way, she stands for the rest of us. We may survive abuse, but all too often we continue to punish ourselves for having been victimized. Around and around we go, carrying old burdens, repeating old patterns of behavior and old insults, old lies, long after the predator is here to inflict them on us.

The scars of abuse are painful and tenacious.  Despite our best efforts, many are likely to last a lifetime.  Sometimes they can even be fatal.

Victims deserve better.  For that, we do not need the predator’s acknowledgment of his guilt. Satisfying though that would be, many of us will simply never get it.

We do not need a family member’s belief in our story; patience with what may have been mislabeled our “quirks”; or comprehension of our anger and grief. Validation and understanding by a loved one are tremendous gifts, but not prerequisites to our recovery.  Recovery is in our own hands.

We know what it was we suffered. Somehow we endured. Many do not. To continue in the same behaviors, the same negative attitudes toward ourselves is to let the predators win. We must fight for our lives. We must rescue ourselves.  We must at least try.

For Savannah’s sake.

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January 3, 2014 · 1:00 am

Depravity

“ ‘…[W]e will destroy this place, because the outcry against them has grown great before the face of the Lord, and the Lord has sent us to destroy it’ ” (Genesis 19: 13).

The Bible story of Lot is a difficult one.  The issue of whether Sodom and Gomorrah were condemned for homosexual behavior has been the subject of intense debate [1].

Some have argued that the sin which brought destruction down on the cities of the plain was a lack of hospitality toward strangers – intolerable in desert regions, as it would have placed lives at risk.  Others have been outraged by the treatment of Lot’s virgin daughters, offered to the crowd in place of the strangers under Lot’s protection.  They maintain, therefore, that the sin was rape.

Whichever interpretation we believe is correct, we should be able to agree that the story indicates there is a tipping point, a level of depravity a just God will not tolerate.

Consider these recent news stories, and what they reflect about our own society:

  • In Spain, a soccer coach was arrested after a burglar broke into his home. Searching for valuables, the thief uncovered video of child sexual abuse he then turned over to police.  The coach had used his status to gain access to vulnerable victims.  One girl had been molested for six years, from the age of 10 onward.
  • A former emergency room physician, Ali Salim, pled guilty in Ohio to involuntary manslaughter for the deaths of a 23 y.o. expectant mother and her unborn child.  Salim, also, pled no contest to a charge of rape. The woman had turned to prostitution after a divorce, when unable to support her two young children.  The prosecution alleged that Salim administered a fatal overdose of heroin to her, then failed to provide medical assistance.  Salim had a history of supplying drugs to sex partners – often addicted prostitutes – obtained on Craigslist. Graphic video exists of Salim engaged in acts so obscene the video will be disposed of once the criminal and civil cases against Salim have been concluded.
  • The World Privacy Forum has uncovered a practice by consumer data companies of collecting highly sensitive information, then selling it to marketers with little or no regard for the consequences.  Lists are known to have been compiled of AIDs patients, dementia patients, rape victims, and police officers with their home addresses [2].  All this for the sake of profit.

Surely, this is depravity.  Men and women of conscience cannot help but be appalled.  And these are not isolated incidents.  Which begs the question:  What are we to do in the face of evil?

British philosopher, Edmund Burke, warned that, “The only thing necessary for the triumph of evil is that good men do nothing” [3].  We must stand up and be counted.  We must speak up for what we believe is right…even when to do so is uncomfortable and unpopular.

Even a burglar knew that.
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[1] The story of Lot is not a justification for anti-LGBT violence, under any interpretation.

[2] At present, consumer information is only shielded from disclosure if it is used for employment, credit, housing, or insurance purposes. Data brokers, for instance, can readily access details such as the over-the-counter drugs purchased by consumers.

[3] There is some dispute as to the precise origin of this phrase.

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November 3, 2013 · 1:00 am

Help for Rahab

New York is the first state to establish a court system designed to assist sex workers in escaping prostitution.  Pilot courts have been in operation in Manhattan, Queens, and Nassau Counties for several years.

Eighteen states now provide services to children caught in the sex trade, rather than imposing prison sentences on them.  Reuters quotes Georgia State University law professor, Jonathan Todres, on this topic saying, “There’s a real urgency here. We need to recognize as a nation that these children are victims and survivors of violent crimes and abuse, and they should not be treated as criminals [1].”

New York’s specialized court system will link defendants with resources such as shelters, drug rehabilitation, medical treatment, education, and job training. Sex trafficking is already a crime in New York.

“And Joshua spared Rahab the harlot, her father’s household, and all that she had. So she dwells in Israel to this day, because she hid the messengers whom Joshua sent to spy out Jericho” (Joshua 6: 25).

Some of you may remember the story of how Joshua conquered Jericho.  But before Joshua had the trumpets sound, he sent spies into the city.  Because they were shielded from discovery by the prostitute Rahab, she and her family were allowed to live when the city was taken.

That was not all.  As Matthew reports at chapter 1, verse 5, Rahab married into the line of David and what would become the lineage of the Messiah.

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[1] “New York creates state-wide court system to help prostitutes,” Reuters 9/25/13, http://www.reuters.com/article/2013/09/25/us-usa-newyork-prostitution-idUSBRE98O14520130925.

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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

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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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