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Thursday, June 26, 2008

Should Statutes of Limitation for Child Sexual Abuse be Eliminated?

Cardozo Law Professor Marci Hamilton--author of God vs. the Gavel: Religion and the Rule of Law (Cambridge U. Press 2005)--has a new book. In Justice Denied: What America Must Do to Protect Its Children (Cambridge U. Press 2008), Hamilton argues forcefully that statutes of limitation for child sexual abuse should be abolished. Such a move would serve, she suggests, four policy goals. First, it would place the interests of childhood sexual abuse survivors above the legal rights of offenders. Second, it would help to identify sexual predators. Third, it would facilitate the identification of other survivors of the same predator once a single survivor has come forward. Fourth, it would discourage insitutions from hiding sexual abuse. The abolition of statues of limitation in the context of clergy sexual abuse has been a hotly contested issue in state legislatures throughout the country. Hamilton's book is timely and a must read for those interested in this issue.

Posted by Tim Lytton on June 26, 2008 at 10:36 PM in Torts | Permalink

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Marci Hamilton continues her support of removing the statute of limitations for child sex abuse cases in her new book Justice Denied: What America Must Do to Protect Its Children. Tim Lytton at Prawfsblawg explains Hamilton's argument:Hamilton argues f... [Read More]

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Comments

Fifth. It would promote lawyer rent seeking interest. Sixth. It would generate false claims against a competing source of authority, the Church, to central government, a wholly owned subsidiary of the criminal cult enterprise that is the lawyer profession. Seventh. It permits the smooth contest of fairy tales that is a trial, this time without the hassle of valid memories.

Posted by: Supremacy Claus | Jun 27, 2008 6:34:37 PM

More: And go he should, if he were the Devil himself, until he broke the law!
Roper: So, now you give the Devil the benefit of law!
More: Yes! What would you do? Cut a great road through the law to get after the Devil?
Roper: Yes, I'd cut down every law in England to do that!
More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down (and you're just the man to do it!), do you really think you could stand upright in the winds that would blow then?

Yes, I'd give the Devil benefit of law, for my own safety's sake!

Posted by: Jonathan | Jun 27, 2008 8:43:24 AM

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