8/19/2019 Favorable Testimony SB69 - Pam Palmer - References and Statistics Included.pdf

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Pam Palmer –  Favorable - MD-SB69 to Extend Civil Statute of Limitations on Child Abuse

I am the mother of a sexual abuse victim. My family was part of a widely publicized civil lawsuit allegingsex abuse cover-up by a megachurch located in Montgomery County, Maryland called Covenant LifeChurch (CLC). Last month, the Washingtonian Magazine published an extensive expose on our case. [see

references] Our case (currently inactive) is not slip and fall litigation. It involved real lives that have beenruined. There were 11 victims, who had the courage to come forward. Many went public with their realnames -- putting their own privacy aside for the sake of justice. There were more victims, who were notable to get to join our case prior to its dismissal.

It is crucial to note, false allegations of sex abuse by children are only 1-10%, hovering in most studiescloser to the lower percentages of 1.5-2% depending on what study is reviewed. (The Leadership Council,2005). Only 2-8% of all sex crimes accusations by adults are false. (FBI, Stanford University, NADDA,2016)

Tom McCarthy, the director of the Academy Award-winning movie, Spotlight  said of the horrific sexabuse scandal in Boston, “We have to make sure this never happens again.” Unfortunately, our experienceshows that it is still happening.

Although there has been one recent conviction in 2014, of Nate Morales, a former Worship leader fromCLC, sentenced for 40 yrs., other related criminal investigations have been slow to bring any arrests.

It is difficult to get a criminal conviction on a perpetrator, after a long time. With current civil litigation being time-barred for the sexual abuse survivor, in their late 20s, 30s or 40s, who finally have come to

 place where they can seek justice - there is no justice. In addition, the larger society is endangered, because there is no way officially to alert the public and protect more children from sexual predatorswandering in our communities and our houses of worship. There must be another way.

The legal climate throughout the United States has been changing on the issue of SOL, because of this

very dilemma and others like it. Currently, almost half of the states have extended, are extending theirSOL. I want to highlight what some of our neighboring jurisdictions have been doing.

Delaware:

In 2007, the state of DE enacted one of the strongest, pro-victim civil SOL laws on child abuse, allowingno time limits for civil action. DE has been way ahead of the curve on this crucial legislative reform.

During 2009, a horrific case of a pediatrician caught having abused and photographed the abuse of morethan 100 infants and toddlers and is now serving life imprisonment.

When there is a long history of sex crimes, such as this serial pedophile, victims deserve to have justice by bringing forth civil suit.

I grew up in New Castle County, DE. In that county, where my parents were members of a local RomanCatholic parish, 91% of all the parishes had one credibly accused priest, as reported in 2010. Because ofthe extended SOL, a number of successful civil cases have been brought forth –  stopping predators and

 bringing about greater safety for the society, at large.

When there is pervasive, longstanding collusion by an institution, victims deserve to have the freedom to bring civil litigation through extended SOL.

Pennsylvania:

PA state legislators and activists having been advocating recently to change the ir state’s SOL.

This is, in part, because of the Penn State scandal, Sandusky was convicted in 2012 of molesting 10 boys.

Penn State has settled multi-million dollar civil suits with some of Sandusky’s victims. A 48 yr. oldalleged victim has come forward. He is time-barred from even a criminal case against Sandusky, and so

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far has been unable to have justice, in criminal or civil court. This victim has to settle for “vicarious justice” not based on the merits of his own case.

Older survivors of child sex abuse deserve their own day in court, not merely something vicarious.Extended SOL would provide for this.

Bill Cosby, with nearly 60 women accusing him of rape, has finally had criminal charges brought against

him in PA. Although the victims were all adult women, this case highlights the importance of civillitigation helping to bring about a criminal case. The PA States Attorney was able to bring criminalcharges against Cosby based on evidence arising from sworn testimony in a civil case against Cosby.

Having extended civil SOL, will help protect society from sexual predators, which may be difficult tocriminally prosecute (because length of time, lack of evidence, etc.)

Virginia:

In 2011, VA extended their civil SOL, to 20 yrs.. They are 5 years ahead of the Commonwealth ofMaryland in reform civil statutes on child abuse.

In 2015, a well known, youth baseball coach, was convicted of sexual abuse and sentenced to 79 yrs.

However, it took 3 criminal cases to get a conviction. He was acquitted for child sexual abuse twice - before he was convicted. What if the third criminal case had not been able to make charges stick?

This case exemplifies the complexity of the judicial system. Having extended SOL provides an addedlayer of protection for children, to bring forward more victims or evidence needed to win a conviction.

D.C.

D.C. is currently working towards extending their SOLs to 20 yrs.

A former Police officer (a 25 yr veteran of the force) and a SE pastor was recently convicted of sexually

abusing 2 girls in 2015 and sentenced to 18 years. An older victim from approximately 25 yrs. earliercame forward as a witness to corroborate their case when she was just 6 yrs. old. This victim perhapsunable to get a conviction on her own during the past 25 years, should have the freedom to sue him, if sheso chooses.

Short civil SOL time bar victim’s civil rights, particularly in cases of longstanding serial sexual predators.  

West Virginia:

Only has 2 yr. SOL. (We don’t want to go backwards like this jurisdiction’s civil SOL)  

In 2013, a Mormon Church leaders’ adult son was convicted of sexually abusing 12 children and

sentenced to 75 yrs. The victims currently are in an active lawsuit against the Mormon Church for cover-

up. The victims are in an uphill battle because of the anti-victim climate and the misguided judgement by

the judge, who has order them to pay for the convicted child molester’s legal fees. These victims are

apparently within the civil SOL in WV. If they had not been, there would be twelve victims without

recourse towards the institution, which has allegedly harmed them through cover up of a sexual predator.

The cycle would continue. An anti-victim, legal environment breeds more victims.  

Vice President Joe Biden said at the Oscars in reference to sexual assault: “Let’s change the culture. We

must and we can change the culture. So that no abused woman or man…ever feel they have to askthemselves, ‘What did I do?’ They did nothing wrong.” 

Criminal and civil laws are like the two bookends that hold up our judicial system to enable justice forvictims and to protect society. We need extended civil SOL to help victims get justice.

Please allow bill SB69 to go to the Senate floor for an up or down vote. Thank you.

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References:

False Allegation Statistics:

http://web.stanford.edu/group/maan/cgi- bin/?page_id=297http://ndaa.org/pdf/the_voice_vol_3_no_1_2009.pdf  

http://www.leadershipcouncil.org/1/res/csa-acc.html  

Child Molestation Statistics:

http://www.childmolestationprevention.org/pdfs/study.pdf

http://www.d2l.org/site/c.4dICIJOkGcISE/b.9314267/k.3928/Child_Sexual_Abuse_Statistics.htm

Covenant Life Church Civil and Criminal Cases:

http://www.washingtonian.com/2016/02/14/the-sex-abuse-scandal-that-devastated-a-suburban-megachurch-sovereign-grace-ministries/  

https://www.youtube.com/watch?v=iFMeuBknW34  

https://www.youtube.com/watch?v=TJ-O67hwnvE  

Spotlight  Quote:

https://www.bostonglobe.com/arts/movies/2016/02/28/oscarsawards/laA2QbfA2rTnWWk7qhp4yM/story.html

DE Roman Catholic prevalence of alleged Priest abusers:

http://www.snapnetwork.org/snap_press_releases/2010_press_releases/123010_new_figures_show_shock ingly_widespread_abuse_in_de_md.htm

Penn State Scandal:

http://www.huffingtonpost.com/2011/11/09/penn-state-scandal-timeline-jerry-sandusky_n_1084204.htmlhttp://crimewatchdaily.com/2015/11/11/exclusive-new-sandusky-child-abuse-accuser-steps- forward/

PA Bill Cosby Criminal Case:

https://news.yahoo.com/video/bill-cosby-charged-crime-due-095459220.html  

PA Roman Catholic Church Cover-up:

http://ncronline.org/news/accountability/pa-bishop-defends-his-handling-clergy-sex-abuse-allegations-grand-jury-report 

VA Coach Case:

http://www.richmond.com/news/local/central-virginia/article_c40967b7-d89b-5189-a0e7- b512652caecc.html

DC Police Officer/Pastor Case:

http://www.fox5dc.com/news/1645242-story 

https://www.washingtonpost.com/local/public-safety/ex-dc-police-officer-and-pastor-sentenced-in-sexual-abuse-of-two-teens/2016/02/26/a242b760-dcad-11e5-81ae-7491b9b9e7df_story.html

WV Pedophile Case:

http://www.rawstory.com/2015/04/west-virginia-judge-orders-victims-to-pay-half-of-sex-abusers-legal-fees-in-mormon-church-cover-up-suit/ 

http://www.wvgazettemail.com/article/20150421/GZ04/150429951/  

Vice President Biden Quote:

http://www.hollywoodreporter.com/news/best-quotes-2016-oscars-871261

http://web.stanford.edu/group/maan/cgi-bin/?page_id=297http://web.stanford.edu/group/maan/cgi-bin/?page_id=297http://ndaa.org/pdf/the_voice_vol_3_no_1_2009.pdfhttp://ndaa.org/pdf/the_voice_vol_3_no_1_2009.pdfhttp://www.leadershipcouncil.org/1/res/csa-acc.htmlhttp://www.leadershipcouncil.org/1/res/csa-acc.htmlhttp://www.childmolestationprevention.org/pdfs/study.pdfhttp://www.washingtonian.com/2016/02/14/the-sex-abuse-scandal-that-devastated-a-suburban-megachurch-sovereign-grace-ministries/http://www.washingtonian.com/2016/02/14/the-sex-abuse-scandal-that-devastated-a-suburban-megachurch-sovereign-grace-ministries/http://www.washingtonian.com/2016/02/14/the-sex-abuse-scandal-that-devastated-a-suburban-megachurch-sovereign-grace-ministries/https://www.youtube.com/watch?v=iFMeuBknW34https://www.youtube.com/watch?v=iFMeuBknW34https://www.youtube.com/watch?v=TJ-O67hwnvEhttps://www.youtube.com/watch?v=TJ-O67hwnvEhttps://www.bostonglobe.com/arts/movies/2016/02/28/oscarsawards/laA2QbfA2rTnWWk7qhp4yM/story.htmlhttps://www.bostonglobe.com/arts/movies/2016/02/28/oscarsawards/laA2QbfA2rTnWWk7qhp4yM/story.htmlhttp://www.snapnetwork.org/snap_press_releases/2010_press_releases/123010_new_figures_show_shockingly_widespread_abuse_in_de_md.htmhttp://www.snapnetwork.org/snap_press_releases/2010_press_releases/123010_new_figures_show_shockingly_widespread_abuse_in_de_md.htmhttp://www.huffingtonpost.com/2011/11/09/penn-state-scandal-timeline-jerry-sandusky_n_1084204.html%20http:/crimewatchdaily.com/2015/11/11/exclusive-new-sandusky-child-abuse-accuser-steps-%20forward/http://www.huffingtonpost.com/2011/11/09/penn-state-scandal-timeline-jerry-sandusky_n_1084204.html%20http:/crimewatchdaily.com/2015/11/11/exclusive-new-sandusky-child-abuse-accuser-steps-%20forward/https://news.yahoo.com/video/bill-cosby-charged-crime-due-095459220.htmlhttps://news.yahoo.com/video/bill-cosby-charged-crime-due-095459220.htmlhttp://ncronline.org/news/accountability/pa-bishop-defends-his-handling-clergy-sex-abuse-allegations-grand-jury-reporthttp://ncronline.org/news/accountability/pa-bishop-defends-his-handling-clergy-sex-abuse-allegations-grand-jury-reporthttp://ncronline.org/news/accountability/pa-bishop-defends-his-handling-clergy-sex-abuse-allegations-grand-jury-reporthttp://www.richmond.com/news/local/central-virginia/article_c40967b7-d89b-5189-a0e7-b512652caecc.htmlhttp://www.richmond.com/news/local/central-virginia/article_c40967b7-d89b-5189-a0e7-b512652caecc.htmlhttp://www.fox5dc.com/news/1645242-storyhttp://www.fox5dc.com/news/1645242-storyhttps://www.washingtonpost.com/local/public-safety/ex-dc-police-officer-and-pastor-sentenced-in-sexual-abuse-of-two-teens/2016/02/26/a242b760-dcad-11e5-81ae-7491b9b9e7df_story.htmlhttps://www.washingtonpost.com/local/public-safety/ex-dc-police-officer-and-pastor-sentenced-in-sexual-abuse-of-two-teens/2016/02/26/a242b760-dcad-11e5-81ae-7491b9b9e7df_story.htmlhttp://www.rawstory.com/2015/04/west-virginia-judge-orders-victims-to-pay-half-of-sex-abusers-legal-fees-in-mormon-church-cover-up-suit/http://www.rawstory.com/2015/04/west-virginia-judge-orders-victims-to-pay-half-of-sex-abusers-legal-fees-in-mormon-church-cover-up-suit/http://www.rawstory.com/2015/04/west-virginia-judge-orders-victims-to-pay-half-of-sex-abusers-legal-fees-in-mormon-church-cover-up-suit/http://www.wvgazettemail.com/article/20150421/GZ04/150429951/http://www.wvgazettemail.com/article/20150421/GZ04/150429951/http://www.hollywoodreporter.com/news/best-quotes-2016-oscars-871261http://www.hollywoodreporter.com/news/best-quotes-2016-oscars-871261http://www.wvgazettemail.com/article/20150421/GZ04/150429951/http://www.rawstory.com/2015/04/west-virginia-judge-orders-victims-to-pay-half-of-sex-abusers-legal-fees-in-mormon-church-cover-up-suit/http://www.rawstory.com/2015/04/west-virginia-judge-orders-victims-to-pay-half-of-sex-abusers-legal-fees-in-mormon-church-cover-up-suit/https://www.washingtonpost.com/local/public-safety/ex-dc-police-officer-and-pastor-sentenced-in-sexual-abuse-of-two-teens/2016/02/26/a242b760-dcad-11e5-81ae-7491b9b9e7df_story.htmlhttps://www.washingtonpost.com/local/public-safety/ex-dc-police-officer-and-pastor-sentenced-in-sexual-abuse-of-two-teens/2016/02/26/a242b760-dcad-11e5-81ae-7491b9b9e7df_story.htmlhttp://www.fox5dc.com/news/1645242-storyhttp://www.richmond.com/news/local/central-virginia/article_c40967b7-d89b-5189-a0e7-b512652caecc.htmlhttp://www.richmond.com/news/local/central-virginia/article_c40967b7-d89b-5189-a0e7-b512652caecc.htmlhttp://ncronline.org/news/accountability/pa-bishop-defends-his-handling-clergy-sex-abuse-allegations-grand-jury-reporthttp://ncronline.org/news/accountability/pa-bishop-defends-his-handling-clergy-sex-abuse-allegations-grand-jury-reporthttps://news.yahoo.com/video/bill-cosby-charged-crime-due-095459220.htmlhttp://www.huffingtonpost.com/2011/11/09/penn-state-scandal-timeline-jerry-sandusky_n_1084204.html%20http:/crimewatchdaily.com/2015/11/11/exclusive-new-sandusky-child-abuse-accuser-steps-%20forward/http://www.huffingtonpost.com/2011/11/09/penn-state-scandal-timeline-jerry-sandusky_n_1084204.html%20http:/crimewatchdaily.com/2015/11/11/exclusive-new-sandusky-child-abuse-accuser-steps-%20forward/http://www.snapnetwork.org/snap_press_releases/2010_press_releases/123010_new_figures_show_shockingly_widespread_abuse_in_de_md.htmhttp://www.snapnetwork.org/snap_press_releases/2010_press_releases/123010_new_figures_show_shockingly_widespread_abuse_in_de_md.htmhttps://www.bostonglobe.com/arts/movies/2016/02/28/oscarsawards/laA2QbfA2rTnWWk7qhp4yM/story.htmlhttps://www.bostonglobe.com/arts/movies/2016/02/28/oscarsawards/laA2QbfA2rTnWWk7qhp4yM/story.htmlhttps://www.youtube.com/watch?v=TJ-O67hwnvEhttps://www.youtube.com/watch?v=iFMeuBknW34http://www.washingtonian.com/2016/02/14/the-sex-abuse-scandal-that-devastated-a-suburban-megachurch-sovereign-grace-ministries/http://www.washingtonian.com/2016/02/14/the-sex-abuse-scandal-that-devastated-a-suburban-megachurch-sovereign-grace-ministries/http://www.childmolestationprevention.org/pdfs/study.pdfhttp://www.leadershipcouncil.org/1/res/csa-acc.htmlhttp://ndaa.org/pdf/the_voice_vol_3_no_1_2009.pdfhttp://web.stanford.edu/group/maan/cgi-bin/?page_id=297http://web.stanford.edu/group/maan/cgi-bin/?page_id=297

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