Streams

Limits of Justice

Thursday, December 15, 2011

Marci Hamilton, Paul R. Verkuil Chair in Public Law at Benjamin Cardozo School of Law and author of Justice Denied: What America Must Do to Protect Its Children, discusses efforts to extend the statutes of limitations for sexual abuse in New York State, in the wake of allegations at Syracuse University.

Guests:

Marci Hamilton

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Comments [11]

Amy from Manhattan

Lance Corey, I hope your efforts are successful. There may not be any recourse--at least not legal recourse--for many people who were abused as children, but if we can get the law changed, maybe today's & tomorrow's children can be protected.

Dec. 15 2011 12:57 PM
Lance Corey from Ossining, NY

The most severely abused are less likely to remember before New York's Statute of Limitation kicks in at age 23. My Boy Scout Troop Leader raped me, stuck a 38 in my mouth to help me forget, and it worked for 33 years; my memory returned at age 45 in 1994! I tracked him down to Boynton Beach, Fla. in July 1999 and he apologized but I have no recourse for justice. Had the Boy Scouts not covered-up the abuse in my troop, I would've never been raped in his basement following the break-up of our troop. I hope to use the RICO Act to pursue the Boy Scouts for Interstate Cover-up of criminal activities by its members. I hope to find an attorney willing to try that approach.
The Feds should prosecute using the Civil Rights Laws to protect children as a special class, otherwise there is no equal justice before the law.
I spoke to candidate Andrew Cuomo about the need to eliminate NY's Statute. Neither action will help me but will allow recourse for future sexually abused children. That's my goal and my mission.

Dec. 15 2011 12:08 PM
Jeff Neuman from Manhattan

I worry about the guest's credibility when she cites a study of over 1000 abuse cases, with 0.001% false reports. If the study had exactly 1000 reports, that would mean 1/100th of a report was false. Hyperbole serves no one on an issue like this.

Dec. 15 2011 10:51 AM
Liam from East Elmhurst

The problem is that endless lawyering doesn't change or improve societies.
We are very very emotional about this stuff right now-time to step back and think about how much time is enough.
Sounds cruel?
Let's talk.

Dec. 15 2011 10:45 AM
Jim Proia

i am glad this woman is willing to "take on that risk" for falsely accused/convicted. Does that mean she'll do the time?

Dec. 15 2011 10:44 AM
Liam

The problem is that endless lawyering doesn't change or improve societies.
We are very very emotional about this stuff right now-time to step back and think about how much time is enough.
Sounds cruel?
Let's talk.

Dec. 15 2011 10:44 AM
Amy from Manhattan

I didn't know the statutes of limitation on child abuse cases were based on age rather than time since the crime was discovered, as for most crimes. Do any states base the limit on time passed since the crime?

Dec. 15 2011 10:44 AM
Joe from nearby

If she's seriously claiming that only 1 of every 1000 sex cases isn't true, then her standard must be very low.

What standard did she use?

Dec. 15 2011 10:43 AM
J. Ryan Fuller from New York City

I am glad this discussion is taking place. A staff member (psychologist) asked me yesterday to verify her belief that if a patient (who is now an adult) reported he/she was sexually abused as a child, mandated reporting does not apply. I confirmed that was my understanding. I then spoke to a family court psychologist to try and understand the "wisdom" of being mandated to report to help identify a an abused, and prevent further abuse if a patient discloses it to a psychologist when they are 16 years old, but if 700 days pass, suddenly such a report will likely not take place. Can the guest speak to the role the APA has played with legislatures (if any) regarding mandated reporting for psychologists and other health professionals?

J. Ryan Fuller
Clinical Director
New York Behavioral Health.
NewYorkBehavioralHealth.com

Dec. 15 2011 10:42 AM

I'm not familiar with this particular issue, but I don't think this guest is giving a very nuanced picture. There are some compelling reasons to limit statutes of limitation that have to do with the constitutional rights of the accused, and this professor is not addressing them at all.

Dec. 15 2011 10:39 AM
Diane Grodey

'pervy perps.' Really???
I've never written before but I had to let you know that I find this intro. really offensive.
How can you have such an important show on and introduce it with such an off-hand comment.
An attempt to be humorous? It's degrading to the survivors. An apology is in order.

Dec. 15 2011 10:35 AM

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