‘Satanic’ murder teens back in court, Prosecutors Rarely Bring Charges In College Rape Cases, Long-forgotten rape evidence, The Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
June 19, 2014 Comments Off on ‘Satanic’ murder teens back in court, Prosecutors Rarely Bring Charges In College Rape Cases, Long-forgotten rape evidence, The Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
– ‘Satanic’ murder teens back in court
– Prosecutors Rarely Bring Charges In College Rape Cases
– The “Justice Gap” for Sexual Assault Cases
– Long-forgotten rape evidence finally reveals its clues in Northern Virginia lab
– Amy’s Letter Supporting The Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
– The Amy and Vicky Child Pornography Victim Restitution Improvement Act
– Text of the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
‘Satanic’ murder teens back in court
South Africa Wednesday 18 June 2014
SOWETO – Two teenage boys accused of murdering two Soweto schoolgirls will appear in the Protea magistrate’s court on Wednesday.
….The girls were found dead in a field in Dobsonville, Soweto, in February.
They were both wearing George Khoza Secondary School uniforms and had cuts on their hands and necks.
Three black candles and two razor blades were found at the scene, leading to speculation that the murders were related to a satanic ritual.
Prosecutors Rarely Bring Charges In College Rape Cases
Tyler Kingkade 06/17/2014
….Amid recent accusations that colleges are mishandling reports of sexual assault on campuses, like Reed’s case against the University of Southern California, observers have questioned why colleges are tasked with handling these cases in the first place. They often argue that felony crimes such as these should be left entirely to the criminal justice system — but such arguments assume that the guilty are more likely to be punished under that system, which is rarely the case.
Although roughly 1 in 6 women nationwide are victims of sexual assault — with the rate being higher for women in college, according to the National Crime Victimization Survey — rapists often escape jail time. Only between 8 percent and 37 percent of rapes ever lead to prosecution, according to research funded by the Department of Justice, and just 3 percent to 18 percent of sexual assaults lead to a conviction.
Multiple self-identified sexual assault victims that HuffPost spoke with, in states like California, Colorado, Montana, Massachusetts and New York, said they attempted to press charges against their assailants, some claiming they had confessions, but local prosecutors declined.
….The reality is the criminal justice system often decides against prosecuting cases of acquaintance rape and date rape. Once a case reaches prosecutors, there’s no guarantee of a conviction, let alone a trial or full prosecution. An analysis of the National Violence Against Women Survey by the group End Violence Against Women International concluded that roughly 5 percent of rapes are ever prosecuted. (The analysis sought to account for the underreporting of sexual assault, which resulted in numbers lower than the DOJ’s estimates.)
The “Justice Gap” for Sexual Assault Cases: Future Directions for
Research and Reform Kimberly A. Lonsway and Joanne Archambault
Media coverage often reports “good” news about the criminal justice system’s ability to effectively respond to sexual assault, concluding that the past two decades have seen an increase in rape reporting, prosecution, and conviction. The objective of this article is to examine the validity of such conclusions by critically reviewing the strengths and weaknesses of various data sources and comparing the statistics they produce. These statistics include estimates for sexual assault reporting rates and case outcomes in the criminal justice system. We conclude that such pronouncements are not currently supported by statistical evidence, and we outline some directions for future research and reform efforts to make the “good news” a reality in the United States.
Violence Against Women 18(2) 145–168
Reprints and permission:
Long-forgotten rape evidence finally reveals its clues in Northern Virginia lab
By Monica Hesse June 16
….The problem is a backlog of untested rape kits, tens of thousands of them, each representing an alleged assault. In every case, evidence was collected from victims after their attacks, but it was never analyzed. Instead it sat on shelves for years, even decades.
There is no federal law requiring rape kits to be tested or tracked, and only a handful of states have enacted their own legislation. Staffing and money shortages have contributed to the backlog; a single kit can cost more than $1,000 to process. Sometimes, if a victim had already identified her attacker, police might not have processed her kit — though it could have contained DNA linking the assailant to other unsolved crimes.
Whatever the reasons, the backlog kept growing as kits were overlooked, ignored and forgotten. Recently, as attention on the issue has increased, that has begun to change. Twelve hundred kits were uncovered in Colorado Springs. Four thousand in Dallas. Twelve thousand in Memphis. And 6,600 in Houston, 5,000 of which were processed last year by Bode, one of several private companies contracting with local jurisdictions in a kit-by-kit effort to bring the backlog down to zero.
….Testing in other jurisdictions has yielded results: New York’s arrest rate for sexual assaults went from 40 percent to 70 percent after its backlog was cleared. When Detroit tested 1,600 of its backlogged kits, the city came back with 127 potential serial rapists, according to the Joyful Heart Foundation, which advocates on issues related to the backlog.
Amy’s Letter Supporting The Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
“I am writing today to give my support to the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014. It is very important that this law get passed as soon as possible.”
“The past eight years of my life have been filled with hope and horror. Life was pretty horrible when I realized that the pictures of my childhood sex abuse were on the Internet for anyone and everyone to see. Imagine the worst most humiliating moments of your life captured for everyone to see forever. Then imagine that as a child you didn’t even really know what was happening to you and you didn’t want it to happen but you couldn’t stop it. You were abused, raped, and hurt and this is something that other people want. They enjoy it. They can’t stop collecting it and asking for it and trading it with other people. And it’s you. It’s your life and your pain that they are enjoying. And it never stops and you are helpless to do anything ever to stop it. That’s horror.”
….“Then we started having problems with the restitution law. Judges sometimes gave me just $100 and sometimes nothing at all. A few judges really got it, like when I was at the Fifth Circuit oral argument two years ago and the judges agreed that the child sex abuse images of me really do cause ongoing and long-term harm. The article by Emily Bazelon in the New York Times also really helped to tell my story so that people can understand what it’s like to live with child pornography every day of your life. I was really happy to discover recently that her article received honorable mention in a contest recognizing excellence in journalism.”
….“My hope turned to horror when the (Supreme) Court decided two weeks ago that restitution was impossible for victims like me and Vicky and so many others. I couldn’t believe that something which is called mandatory restitution (twice) was so hard to figure out. It just seemed like something somewhere was missing. Why, if so many people are committing this serious crime, why are the victims of that crime, who are and were children after all, left out? The Court’s decision was even worse than getting no restitution at all. It was sort of like getting negative restitution. It was a horrible day.”
“This is why I am so happy, and hopeful, that Congress can fix this problem once and for all. Maybe if they put mandatory in the law for a third time judges will get it that restitution really really really must be given to victims! After all this time and all the hearings and appeals and the Supreme Court, I definitely agree that restitution needs improvement and hopefully this bill, the Amy and Vicky Child Pornography Restitution Improvement Act of 2014, can finally make restitution happen for all victims of this horrible crime.”….
The Amy and Vicky Child Pornography Victim Restitution Improvement Act
….The Amy and Vicky Act creates an effective, balanced restitution process
for victims of child pornography that also responds to the Supreme Court’s decision in Paroline v. United States. It does three things that reflect the nature of these crimes. First, it considers the total harm to the victim, including from individuals who may not yet have been identified. Second, it requires real and timely restitution. Third, it allows defendants who have contributed to the same victim’s harm to spread the restitution cost among themselves….
Text of the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
This bill was assigned to a congressional committee on May 7, 2014, which will consider it before possibly sending it on to the House or Senate as a whole. The text of the bill below is as of May 07, 2014 (Introduced).
S. 2301 Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014
U.S. Supreme Court decided Paroline v. US, concerning the limits of restitution victims of child p_rnography, Almost one-third of Canadian adults have experienced child abuse
April 26, 2014 Comments Off on U.S. Supreme Court decided Paroline v. US, concerning the limits of restitution victims of child p_rnography, Almost one-third of Canadian adults have experienced child abuse
Another 5-4 decision, but not another left-right split
By Jonathan H. Adler April 23, 2014
Today the U.S. Supreme Court decided Paroline v. United States, concerning the limits of restitution victims of child pornography may seek under 18 U.S.C. section 2259. Splitting 5-4, the Court held that restitution is proper (indeed, mandatory) to the extent that the defendant’s own conduct was responsible for harms to the victim….
The decision is available here: http://www.supremecourt.gov/opinions/13pdf/12-8561_7758.pdf
The crime victim’s reaction to today’s Supreme Court decision
By Paul Cassell April 23, 2014
The Supreme Court has just released its decision in the Paroline case earlier this morning…..the Supreme Court’s split-the-difference ruling promises her that she will receive full restitution “someday.” I just wonder how far in the future that someday will be. The battle for full restitution will now shift to Congress, which will have the last word on how restitution in these cases should be awarded.
Almost one-third of Canadian adults have experienced child abuse
Psychology & Psychiatry April 22, 2014
Almost one-third of adults in Canada have experienced child abuse—physical abuse, sexual abuse or exposure to intimate partner (parents, step-parents or guardians) violence in their home. As well, child abuse is linked to mental disorders and suicidal ideation (thoughts) or suicide attempts, found an article published in CMAJ (Canadian Medical Association Journal).
Researchers looked at data from 23 395 people from across Canada who participated in the 2012 Canadian Community Health Survey: Mental Health. The participants were 18 years or older and were representative of people living in the 10 provinces….
According to the study, 32% of adult Canadians experienced child abuse, with physical abuse the most common (26%), followed by sexual abuse (10%) and exposure to intimate partner violence (8%). Men were more likely to have been physically abused (31% v. 21% in women) and had a higher rate of any abuse (34% v. 30%). Sexual abuse was more common in women (14% v. 6% in men) as was exposure to intimate partner violence (9% v. 7%) as children. People between 35 and 64 years of age were more likely than those aged 18 to 34 years to report having been abused as a child.
“All 3 types of child abuse were associated with all types of interview-diagnosed mental disorders, self-reported mental conditions, suicide ideation [thoughts of suicide] and suicide attempts in models adjusting for sociodemographic variables,” write the authors.
Drug abuse or dependence, suicidal thoughts and suicide attempts remained associated with all types of child abuse even in the most adjusted models. The least severe type of physical abuse (being slapped on the face, head or ears or hit or spanked with something hard) showed a strong association with all mental conditions in models adjusting for sociodemographic variables. Exposure to more than one type of abuse increased the odds of having a mental condition.
Child abuse and mental disorders in Canada
CMAJ April 22, 2014 doi: 10.1503/cmaj.131792
Tracie O. Afifi, Harriet L. MacMillan, Michael Boyle, Tamara Taillieu, Kristene Cheung, Jitender Sareen
….Results: The prevalence of any child abuse was 32% (individual types ranged from 8% to 26%). All types of child abuse were associated with all mental conditions, including suicidal ideation and suicide attempts, after adjustment for sociodemographic variables (adjusted odds ratios ranged from 1.4 to 7.9). We found a dose-response relation, with increasing number of abuse types experienced corresponding with greater odds of mental conditions. Associations between child abuse and attention deficit disorder, suicidal ideation and suicide attempts showed stronger effects for women than men.
January 27, 2014 Comments Off on Utah law professor to make case for child-porn victims
Utah law professor to make case for child-porn victims
Restitution » Cassell will argue before the Supreme Court on compensation for child-pornography victims.
By Brooke Adams The Salt Lake Tribune Jan 16 2014
Paul Cassell has advocated passionately in courtrooms across the country that every person who views or distributes an image of child pornography contributes to what victims have described as “death by a thousand cuts” and thus should be held liable for restitution.
On Wednesday, the University of Utah law professor will make that argument before what will be his most important audience yet: the U.S. Supreme Court. It is the first time a crime victim’s attorney has appeared before the court in a criminal case filed by the government; the outcome may result in a historic decision for crime victims’ rights.
The case before the U.S. Supreme Court involves a Texas man who viewed images of an 8-year-old girl identified by the pseudonym “Amy Unknown,” who was sexually abused by her uncle in 1997.
When Amy was 17, she learned that pornographic images of her abuse, taken by her uncle, were being widely circulated on the Internet, which is where Doyle Randall Paroline came across them.
Paroline was arrested in 2009 after an employee at a computer company found sexually explicit images of minors on his computer. Two images of “Amy” were among the nearly 300 child pornography images that investigators later discovered on the machine. Paroline pleaded guilty and received a 24-month prison sentence.
James Marsh, Amy’s attorney, filed a restitution request for $3.4 million — the sum first awarded to his client in a 2008 case under what turned out to be a little-used 1994 federal law that requires mandatory restitution for child pornography victims.
“I didn’t know it was the first request ever filed for a victim of child pornography,” Marsh said of that first case.
But since then, Marsh, who teamed up with Cassell about 4 1/2 years ago, has filed restitution requests on behalf of Amy and other victims of child pornography in hundreds of cases. Amy has received victim notices in more than 1,800 federal child pornography cases. They have won restitution for Amy in 180 cases, collecting about 40 percent of the full amount awarded to her….
December 4, 2013 Comments Off on Allocating Liability for Child Pornography, in Full or Fractional Shares
Allocating Liability for Child Pornography, in Full or Fractional Shares By ADAM LIPTAK December 2, 2013
WASHINGTON — The notices arrive almost every day. They tell a young woman named Amy, as she is called in court papers, that someone has been charged with possessing child pornography. She was the child.
“It is hard to describe what it feels like to know that at any moment, anywhere, someone is looking at pictures of me as a little girl being abused by my uncle and is getting some kind of sick enjoyment from it,” Amy, then 19, wrote in a 2008 victim impact statement. “It’s like I am being abused over and over and over again.”
Next month, the Supreme Court will consider what the men who took pleasure from viewing Amy’s abuse must pay her.
Images of Amy being sexually assaulted by her uncle are among the most widely viewed child pornography in the world. They have figured in some 3,200 criminal cases since 1998.
Amy is notified through a Justice Department program that tells crime victims about developments in criminal cases involving them. She has the notifications sent to her lawyer. There have been about 1,800 so far.
Her lawyer often files a request for restitution, as a 1994 law allows her to do. Every viewing of child pornography, Congress found, “represents a renewed violation of the privacy of the victims and repetition of their abuse.”
Amy’s losses are in most ways beyond measure, but some of them can be calculated in dollars. She has found it hard to hold down a job. She needs a lifetime of therapy. She has legal bills. Her lawyers say it adds up to about $3.4 million….
Victim Impact Statement of Amy – the Victim in the Misty Series
I am a 19 year old girl and I am a victim of child sex abuse and child pornography. I am still discovering all the ways that the abuse and exploitation I suffer has hurt me, has set my life on the wrong course, and destroyed the normal childhood, teenage years, and
early adulthood that every one deserves. My uncle started to abuse me when I was only 4 years old. He used what I now know are the common ways that abusers get their victims ready for abuse and keep them silent:
he told me that I was special, that he loved me, and that we had our own “special secrets.” Since he lived close to our house, my mother and father didn’t suspect anything when I walked over there to spend time with him.
18 USC Chapter 110 – SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
§2251. Sexual exploitation of children
§2251A. Selling or buying of children
§2252. Certain activities relating to material involving the sexual exploitation of minors
§2252A. Certain activities relating to material constituting or containing child pornography
Criminal Restitution for Victims of Child Pornography, Jimmy Savile manipulated BBC security staff so they would allow girls into his dressing room
November 12, 2013 Comments Off on Criminal Restitution for Victims of Child Pornography, Jimmy Savile manipulated BBC security staff so they would allow girls into his dressing room
After Five Years – Supreme Court Brief Finally Completed!
Over five years ago, I began an unprecedented effort to obtain criminal restitution for victims of child pornography and online exploitation. A few minutes ago, our United States Supreme Court brief was finally delivered to the printer. The oral argument in this groundbreaking case is scheduled for January 22, 2014.
Marsh Law Firm’s ChildLaw Blog
Commentary, insight and analysis on children’s law, policy and current issues.
Doyle Randall Paroline vs. Amy Unknown Supreme Court Resources
Jimmy Savile: IPCC say Greater Manchester Police in the clear over complaints 11 Nov 2013
Police had 17 reports by women from the region claiming abuse by the DJ during the 1960s
A watchdog says it won’t take action against Greater Manchester Police over the way the force handled complaints about Jimmy Savile.
When the DJ was exposed as a serial sex abuser last year, some 17 women came forward and reported to GMP that they had been molested by Savile from the 1960s.
The Independent Police Complaints Commission launched an investigation amid reports that police officers elsewhere in the country helped Savile cover up his crimes.
Now the watchdog has announced it will conduct a further enquiry into a West Yorkshire Police inspector who ‘acted on behalf of’ Savile inappropriately by contacting Surrey Police ahead of a police interview in 2009….
Pervert Jimmy Savile manipulated BBC security staff so they would allow girls into his dressing room
6 Nov 2013 By Andy Lines
Handwritten message reveals how the twisted celebrity deliberately cultivated a phony friendship with doormen at the corporation
Serial pervert Jimmy Savile frequently manipulated BBC security staff so they would allow girls into his dressing room.
A handwritten message, published by the Mirror today, reveals how the twisted celebrity deliberately cultivated a phony friendship with doormen at the corporation so they would never question his requests.
The sickeningly chummy note, addressed to “BBC security friends” and signed with his customary smiling face drawn inside an expansive J at the start of his name, was scrawled on notepaper from Stoke Mandeville hospital where he was a fundraiser.
A BBC insider said: “It perfectly illustrates the position of power Savile had. “He flattered and made friends with security staff and this enabled him to carry out his horrendous attacks.
“He even wrote this on headed notepaper of the National Spinal Injuries Centre. This was not unusual.”
Savile used BBC studios to abuse dozens of girls and young women….
Australia cardinal apologises over clergy child sex abuse, I took blame, ritual murder accused says, Court orders release of additional priest files
May 29, 2013 Comments Off on Australia cardinal apologises over clergy child sex abuse, I took blame, ritual murder accused says, Court orders release of additional priest files
– I took blame, ritual murder accused says
– Ritual killing application fails
– Sixth Circuit – Dissent Criticizes Limited Restitution Options (child pornography restitution decision)
– Australia cardinal apologises over clergy child sex abuse
– Court orders release of additional priest files
I took blame, ritual murder accused says
Johannesburg – Murder-accused Harvey Isha had to take the blame for an apparent satanic ritual in which teenager Kirsty Theologo died, a Johannesburg court heard on Monday.
Isha told the South Gauteng High Court sitting in the Palm Ridge Magistrate’s Court he had been fingered by Theologo’s mother.
“Kirsty’s mom had already mentioned that ‘Harvey and his friends did this to Kirsty’ and so Jeremy [King] said, from what I understood, that because my name was mentioned by Kirsty’s mom, I had to take the blame.”
Isha, 24, is on trial with Robin Harwood, Lindon Wagner, and Courtney Daniels for the murder of Theologo, the attempted murder of her 14-year-old friend, and for assault with intent to cause grievous bodily harm.
They have all pleaded not guilty.
Two other accused, Jeremy King and Lester Moody, confessed to the crime and were each sentenced to 17 years’ imprisonment, five of them suspended.
Ritual killing application fails 2013-05-20
Johannesburg – Moves to have charges dropped against two of the people accused of killing Kirsty Theologo in an apparent satanic ritual, were dismissed on Monday.
Their lawyers argued in the South Gauteng High Court sitting in the Palm Ridge Magistrate’s Court, that the quality of evidence against their clients was suspect.
Judge Geraldine Borchers ruled that the credibility of witnesses was not an issue at this stage of the trial.
“At least 90% of what the witnesses said in court is in their respective statements,” she said.
Sixth Circuit – Dissent Criticizes Limited Restitution Options
By James R. Marsh on May 24, 2013
In a forceful dissent, a judge in the latest child pornography restitution decision proclaimed that “to accomplish the difficult task of assigning financial responsibility to possessors of child pornography for the harm caused by their conduct, district judges should have all the tools provided by law at their disposal and should be permitted broad discretion to fashion an appropriate remedy.”
The case before the Sixth Circuit, United States v. Hargrove, was decided under controlling Circuit precedent which requires “proximate cause” before a district court can award restitution to a victim of child pornography possession.
Australia cardinal apologises over clergy child sex abuse 27 May 2013
Australia’s most senior Catholic official has apologised for decades of child sex abuse by priests. During questioning at a state parliamentary inquiry, Cardinal George Pell said a culture of silence within the church was partly responsible.
The Catholic church in Victoria state confirmed more than 600 cases of child abuse by its clergy since the 1930s. The hearings in Victoria are running alongside a national inquiry into abuse in state and religious institutions.
“I am fully apologetic and absolutely sorry,” Cardinal Pell said during the final day of the hearings, which lasted for several hours. He denied being personally involved in the cover-up of paedophile priests, but acknowledged it happened.
“I don’t think many of any persons in the leadership of the Catholic church knew what a horrendous widespread mess we were sitting on,” he said. He has been accused of wilful blindness and what one parent called a sociopathic lack of empathy towards the victims and their families.
He added that church leaders have previously been reluctant to share information about accused priests.
But he said the number of child abuse cases have significantly dropped since the church started taking stronger action, like better background checks.
He acknowledged, however, that his predecessor as Melbourne archbishop, Frank Little – who died in 2008 – “did cover up” child sex abuse cases. “Archbishop Little did cover up but he inherited a situation where there were no protocols, no procedures. And for some strange reason he never spoke to anybody about it,” he said….
Court orders release of additional priest files
Sharon McNary | May 28th, 2013′
A Superior Court judge on Tuesday set September 10 as the deadline for Catholic religious orders to release confidential personnel files of members who were accused of sexually abusing children. The files are related to lawsuits that have already been settled. Attorney Raymond Boucher said the deadline affects more than 50 religious orders that operate independently from the Los Angeles Archdiocese, which has already made public thousands of pages of files.
The order is part of litigation against the Los Angeles Archdiocese that resulted in a $660 million settlement. The archdiocese released personnel files about its priests within the past year, but files of the independent orders that report to the Vatican through a different authority structure had not been released.
The religious orders were defendants in the original lawsuits that alleged victims brought against the archdiocese in 2002 and 2003. The orders agreed to the same 2007 settlement that required the files to be released, but the logistics of the document release were litigated first with the archdiocese, said Raymond Boucher, attorney for the plaintiffs.
With Tuesday’s order, the new files for as many as 100 priests and brothers will be made public as they are provided to the court, but no later than the Sept. 10 deadline, Boucher said….
Catholic child abuse: 187 allegations against 98 priests have led to zero convictions, Abuse survivor demands state inquiry, Restitution Returns to the United States Supreme Court (again) (child p_rn victims), Court hears details of satanic ritual, Girl’s satanic horror
April 25, 2013 Comments Off on Catholic child abuse: 187 allegations against 98 priests have led to zero convictions, Abuse survivor demands state inquiry, Restitution Returns to the United States Supreme Court (again) (child p_rn victims), Court hears details of satanic ritual, Girl’s satanic horror
Catholic child abuse: 187 allegations against 98 priests have led to zero convictions 4/24/13
“I am one of the fortunate survivors to have succeeded in securing a criminal conviction against one of two Spiritan priests who sexually abused me,” writes campaigner Mark Vincent Healy.
THE DIOCESES OF Clogher, Elphin, Killala and Waterford join the infamous group of seven Catholic Church authorities, including Derry, Dramore and Limerick, where not one priest has been convicted for having committed an offence or offences against a child or young person despite numerous allegations since 1 January 1975. From the 16 dioceses reviewed to date by the National Board for Safeguarding Children, there have been 187 allegations made in relation to 98 priests where there have been no convictions. This represents a third of the church authorities examined where not one priest was held to account….
To date there have been four reviews of missionary orders where a total of 113 priests have had 287 allegations raised against them but only seven priests have ever been convicted. The sad reality is that only 6.2 per cent of accused Irish missionaries are ever convicted. I am one of the fortunate survivors to have succeeded in securing a criminal conviction against one of two Spiritan priests who sexually abused me from the ages of nine to 12 and then tried to cover it all up. Forty-seven Spiritans had 142 allegations made against them in the second tranche of audits, and only three were convicted….
Fr Andrew Greely, a professor of Sociology at the University of Chicago believes there could be up to 50 victims per priest. Meanwhile, Richard Sipe a psychotherapist in Maryland, has said 250 victims may suffer over the lifetime of a paedophile. Shockingly, the 106 priests accused in the third tranche could possibly have abused between 5,300 to 26,500 potential victims. Just 271 came forward….
Abuse survivor demands state inquiry Sarah Stack and David Young – 24 April 2013
AN abuse survivor who alleges an uncle of the former Bishop of Clogher was one of his attackers has demanded a state inquiry into clerical sex crimes in Northern Ireland. The Stormont Executive has established a statutory probe into abuse committed in state and church-run institutions, but its remit does not cover criminal acts committed by priests outside of children’s residential facilities.
Michael Connolly claims he was victimised for five years of his childhood in Donagh, Co Fermanagh, by parish priest Peter Duffy, who was later promoted to canon. The deceased cleric was the uncle of the former Bishop of Clogher, Joseph Duffy, who was today heavily criticised for unsatisfactory responses to child abuse allegations and risky behaviour of priests in the diocese….http://www.independent.ie/irish-news/abuse-survivor-demands-state-inquiry-29220069.html
Restitution Returns to the United States Supreme Court (again)
By James R. Marsh on April 24, 2013
Today, James R. Marsh of the Marsh Law Firm and Paul G. Cassell of the University of Utah College of Law Appellate Legal Clinic, filed a brief in the United States Supreme Court in their latest effort to convince the Court to consider the critical issue of criminal restitution for victims of child pornography.
The case, Doyle Randall Paroline v. Amy Unknown, arises out of a long-fought extensively litigated restitution action which started almost four years ago before Judge Leonard Davis in the Eastern District of Texas Tyler Division. In January, the defendant filed a Petition for a Writ of Certiorari in the Supreme Court seeking review of last year’s landmark Fifth Circuit en banc decision which significantly expanded the rights of child pornography victims to receive criminal restitution.
Court hears details of satanic ritual
April 24 2013 By Sandy Moeketsi
Johannesburg – Phrases were chanted before Kirsty Theologo and her friend were set alight, the High Court sitting in the Palm Ridge Magistrate’s Court heard on Wednesday. Her alleged murderers stood at the points of a satanic star, where candles burnt. In the middle of the star was a burning Bible, where blood would be shed, Lester Moody told the court. Moody was testifying against four people accused of setting Theologo and her friend alight in an apparent satanic ritual on October 21, 2011….
Girl’s satanic horror April 24 2013 By SUSAN DU
Johannesburg – Kirsty Theologo thought that she was going to a party with friends she trusted on the night of October 21, 2011.
She brought another girl along.
She had a drink.
She trusted her friends when they told her they needed to stop by a petrol station to get sweets, then again when they said there had been a change of plans and that they would be going into the “mountains of Linmeyer” instead.
The “party” turned out to be a satanic ritual in which Kirsty was drugged, bound, drenched in petrol and burnt so severely that she died later in hospital. Her friend, now 16, survived. She can’t be named due to her age….
Kirsty and her friend – the only two people not dressed entirely in black – lost consciousness due to the brake fluid that had been secretly added to their drinks. The two victims were then bound and left to one side while the accused created a “satanic star” in the ground and lit candles at each of its five points, Moody testified….
New York May Ease Statute of Limitations for Decades-Old Child Sex Abuse Claims, Sixth Circuit Rejects Commonsense Approach to Child Pornography Restitution
March 9, 2013 Comments Off on New York May Ease Statute of Limitations for Decades-Old Child Sex Abuse Claims, Sixth Circuit Rejects Commonsense Approach to Child Pornography Restitution
New York May Ease Statute of Limitations for Decades-Old Child Sex Abuse Claims
Bill Would Ease Path to Court for Yeshiva U. Victims
By Paul Berger Published March 07, 2013, issue of March 15, 2013.
Adults abused as children decades ago in New York could file civil lawsuits against their abusers and the institutions that employed them, if a national surge of legislative reform reaches Albany.
Advocates for child sex abuse victims say that this year, the prospects look good for a bill that sank four times previously following strong opposition from Catholic and ultra-Orthodox groups. If passed, the legislation could ease the way for a slew of lawsuits against Jewish and Catholic institutions accused of failing to report accounts of child sex abuse to law enforcement authorities.
“I’ve never been more optimistic we can succeed in 2013,” the bill’s sponsor, Assemblywoman Margaret Markey, said.
Yeshiva University may also be casting a wary eye toward Albany as it continues to investigate a scandal involving abuse allegations first reported by the Forward and dating back four decades.
Read the Forward’s COMPLETE COVERAGE of the allegations of abuse against staffers at Yeshiva U. high school.
The bill, known as the Child Victims Act, still faces a real test in the state senate where a key Democrat, Jeffrey Klein, indicated he would not support it….
Sixth Circuit Rejects Commonsense Approach to Child Pornography Restitution
By James R. Marsh on March 8, 2013
Last week, the Sixth Circuit issued this confusing decision on child pornography restitution.
The Court held that the child pornography restitution statute contains both a cause-in-fact requirement—i.e., a showing that the defendant’s conduct actually caused the victim’s losses—and a requirement that the cause be proximate.
The Court found that “the statute still allows victims to collect more restitution than under earlier and concurrent restitution statutes. The statute expands the definition of victims and the categories of losses for which victims can receive restitution and makes restitution mandatory. In addition, the list of recoverable losses that the statute provides confirms the breadth of what is a foreseeable consequence of defendants’ actions.”
The Court concluded that “a proximate cause showing is necessary for restitution awards under § 2259, meaning the losses must be both “directly attributable” to the defendant’s offense, and “reasonably foreseeable.”….