Articles Posted in Sexual Offenders / Predators

Published on:

Calendar-300x295The statute of limitations is the time period by which a party or victim needs to take legal action to enforce rights and / or seek financial compensation for the negligence or intentional harm caused by a person, business, and / or government entity.  These time limits are proscribed or set by the legislation in statutes / laws.  The time period for a particular case will depend on the state where the incident took place, the type of action brought, and the parties involved.  Over the years, legislatures have broadened the time limits by which a victim can bring forth a case based on the sexual abuse of the victim.

The statute of limitation in sexual abuse cases has always been a topic of discussion amongst the law community as it is very impactful on the amount of cases received by firms. The topic is also sensitive when understanding the physical and emotional trauma that may impede an individual from filing a lawsuit within a set amount of time after the incident. As time has gone on and many states have become more progressive and understanding of the victim’s position in sexual abuse cases, we have seen a positive trend in the expansion of statutes of limitations in these cases. Just recently, both New York and New Jersey passed laws affecting their statute of limitations. What’s interesting is that they both went about this in different ways. Having realized that many cases of sexual abuse involving a child had been swept under the rug, New York passed the Child Victims Act (CVA) which repeals the statute of limitations on these cases for a period of a year and raises the age limit to 28 in criminal cases and 55 in civil suits . The one-year grace period for cases outside of the statutes of limitations led to 439 cases being filed on just its first day enacted. New Jersey’s approach was to raise the statutes of limitations age to 55 for all child abuse cases or within 7 years of the victim’s realization that the abuse caused harm. The most recent example of a state that is expanding its statute of limitations involving sexual crimes is Texas. Effective September 1st, the statute of limitations has been doubled from 15 to 30 for personal injury claims related to sexual assault.

What is important about the changes being made in these states is that it sends a message to survivors of these heinous crimes that legislators are listening and that they are not going unheard. These changes encourage more people to report actions that may be considered sexual assault/abuse and gives less reasons as to why it should be brushed under the rug. With cases like Jeffrey Epstein’s reaching national media coverage, more and more states are becoming aware that they need to stand up for victims of sexual abuse. As 2019 continues, keep an eye out for more states to follow in the footsteps of New York, New Jersey, and Texas.

Published on:

By  David Wolf, Attorney

Published by Child Injury Lawyer Network

Handcuffs - Criminal - Child AbuseIn Washington and other States, parents rely on day care center to provide a safe, clean, and healthy environment for their children during working hours.  Parents, with children in day care centers, should visit frequently and at odd times.  In other words, a parent should visit at different times of the day in order to see how the staff is supervising the children under their care.  The staff in the morning may be different than the staff in the afternoon.  Furthermore, if the day care center staff believes that a parent could walk in at any moment of the day, this may, in turn, make the day care center staff more attentive to the duties and responsibilities at hand.   For most children, day care centers, schools, and summer camps provide that certain educational environment that certainly contributes to the growth and happiness of a child.   Unfortunately, some child care providers use their position of trust and access to abuse and neglect the very children that they are responsible for supervising and protecting from harm.   Certainly, the good child care providers outnumber the bad ones; however, one bad child care provider who abused and neglects children is frankly one too many.  Day care centers should carefully screen all day care center employees with background checks that are not only completed by an electronic search but also follow up calls to work and personal references.  Once hired, day care center employees should be trained and supervised.
Published on:

By Jonathan Safran, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

Education%20Day%20Care%20Building%20Block%20F.jpgIn Wisconsin and other States, day care centers should be safe havens for children. They should be placed where children are well cared for in supportive, nurturing environment. Unfortunately, some day care center employees and volunteers abuse the children under the care of a day care center. These reckless employees and volunteers use their positions of trust to prey on children. Some are caught while many others go undetected only to go on to abuse more children along the way.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

technology%20mobile%20phone%20cell%20black%20with%20color%20screan%20on%20white%20background.jpgEvidence can be presented in different forms and a civil or criminal case involving the molestation or an abuse of a child. A controlled recorded telephone call or a wiretap can serve as evidence in these cases. A controlled recorded telephone call or a wiretap is set up and coached to some extent by the police or investigators.

Published on:

By David Wolf, Attorney Published by Child Injury Lawyer Network

Statute%20of%20Limitations%20Hourglass.jpgIn every state, there are laws in place that set forth the time limits, restrictions, procedures in which a criminal case or a civil personal injury case can be filed when a child is victimized by a molestation or abuse incident.

With respect to time limits, the statute of limitations is the deadline in which a lawsuit can be filed or for a criminal case in which charges can be filed against a criminal defendant.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

DNA%20Evidence%20Lab%20Testing.jpegWhen a child is subject to the abuse or molestation by adult teacher, coach, teacher’s assistant, volunteer, neighbor, or other person, DNA evidence can be used to establish a case or claim against the perpetrator and possible other entities. DNA evidence is not always available or collected in each case. Because the DNA evidence can be a powerful tool in helping establish a civil or criminal case involving the abuse or molestation of a child, investigators will typically inquire and research whether DNA evidence can be obtained. There are various sources of DNA evidence following the abuse or molestation including the following:

Published on:

By David Wolf, Attorney
Published by Child Injury Lawyer Network

State%20Map%20Pennsylvania.jpg

In Pennsylvania, the first civil lawsuit has been filed against Jerry Sandusky, Penn State, and the charity founded by former Coach Jerry Sandusky. The victim, who is now 29 years old, alleged that Jerry Sandusky sexually abused him more than 100 times. It is anticipated that other lawsuits will follow by other victims of Jerry Sandusky. In an attempt to use public relations, Jerry Sandusky has given some interviews to major news outlets. He has admitted to “horsing around” and to “showers” with or near the boys. Mr. Sandusky’s judgment was certainly poor and it appears that he continued his bad behavior or poor judgment for years without any appreciable intervention by the police, Penn State University, or any of his superiors at the college. It will be interesting to see what evidence is developed through the lawsuit as well as the criminal investigation that is currently pending. In light of the criminal investigation and the multiple reports from different victims / witnesses of Jerry Sandusky’s bad acts, it is difficult to comprehend Sandusky’s ongoing denial of any criminal or abusive conduct. Of course, Sandusky will be entitled to a criminal defense in the prosecution(s) against him. The case will result in a dismissal, plea deal, or trial. Since there appears to be plenty of evidence against him, it is unlikely that there will be a dismissal of the criminal charges. As such, the case will either be tried in front of a jury or will result in a plea deal. As for the civil case, there will be a settlement, trial, or court order establishing the case or throwing it out. Time will tell how all of these cases turn out. Hopefully, the truth will shine through and justice will prevail. See Sandusky Sued for Abuse in Pennsylvania.

Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Network

building%20blocks.jpgIn Pennsylvania and other States, there are day care center workers who unfortunately use the day care center as a location to abuse and neglect children under their care. IN Allegheny County, Pennsylvania, Matthew Keith Byars (age 26) has been accused and charged with crimes in multiple instances of abuse and neglect of children. It was reported that Byars previously worked at Tender Care Learning Center in Pennsylvania.

Published on:

By Kevin Leach, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

judge.jpgFacebook is one of the most popular sites in the world, claiming over 400 million users. It is a great way to stay in touch with friends and family, but headlines suggest that minors may become victims of sexual solicitation from fake “friends.”