It can be difficult providing proof to prosecute the perpetrator in court for the attorney representing the victim even though it may be apparent that the child has been abused. If the child is an infant, or worse, did not survive the abuse, there are often no witnesses to the crime that can testify. In those cases, the juries must rely on expert testimony and circumstantial evidence. Partial Acquittal For Murder Of Corduray, Jr In the case of 3-month old Corduray Scott, Jr., his death was only partially vindicated. His father, Corduray Scott Sr. received a life sentence for his horrific murder but was acquitted of the charge of killing his son with malice. The jury has to take into consideration two opposing testimonies from doctors from the prosecution and the defense. The only witnesses to the crime were the defendant and his dead son. The infant has several broken… Continue Reading
Category Archives: Sexual Abuse
Subscribe to Sexual Abuse RSS FeedAre Civil Courts Overlooking Victims In Recovered Memory Cases?
Posted in Sexual AbuseFor the last three decades there have been court cases and media coverage about recovered or repressed memories, even being the subject of popular TV series such as Law & Order. In the 1980’s an emergence of “recovered memory syndrome” or RMS began to ramp up as more therapists started using the newly termed recovered memory techniques. There has been much debate on the reliability of recovered memories, especially as evidence. However, should courts dismiss them all together and let abusers go free? History Of RMS in sexual abuse cases RMS was virtually unheard of in mainstream society in the 1970’s. Although RMS is linked all the way back to Sigmund Freud’s 1896 “On the etiology of hysteria” essay, he later abandoned the theory of lost memories in favor of his impulse-based concept. However, his word “repression” stuck and found its way into therapy offices many decades later. RMS is… Continue Reading
Victim Of Sexual Abuse To Receive $3.2 Million From Chicago Archdiocese
Posted in Sexual AbuseUnder the terms of a settlement related to a sexual abuse lawsuit, the Catholic Archdiocese of Chicago has agreed to pay $3.2 million to a young man who was sexually abused by a former priest at a well known church in the city. In 2007, the young man filed the civil lawsuit against admitted child molester Daniel McCormack, the Archdiocese and Cardinal Frances George for their respective roles in the sexual abuse of the boy over a period of several years. In addition to this lawsuit, similar cases have been filed against defrocked priest McCormack and the Chicago Archdiocese by young men who were abused during McCormack’s tenure at St. Agatha Parish and Our Lady of the Westside School. The crux of these lawsuits is that the church failed to end the cycle of abusive conduct once allegations of the conduct had been brought to the church’s attention. According to… Continue Reading
Sexual Abuse Allegations At Penn State May Give Rise To Civil Lawsuits Against School & Coaches
Posted in Sexual AbuseThe shockwaves rippling through the Penn State community might only be small indicators of what’s to come. According to ESPN.com, Penn State will soon face numerous civil lawsuits from the sexual abuse victims of former football coach Jerry Sandusky – now numbering at eight. The victims will likely sue several entities, including Penn State itself, its administrators, and the athletic department– for their failure to act on credible complaints regarding Sandusky’s sexual advances towards children participating in programs at the university. In addition to the institutions role in this horrific series of events, victims may also elect to name individual people in their lawsuits — including Sandusky himself and the once-revered football coach Joe Paterno. While the individuals involved obviously bear some responsibility for their role in this tragedy, naming the individuals may also be worthwhile from a strategic standpoint as this tact may avoid anticipated tort immunity challenges that… Continue Reading
New Sex Abuse Lawsuit Alleges Church Failed To Act After Learning Of Priest’s Deviant Past
Posted in Sexual AbuseAnother sexual abuse lawsuit has been filed in Chicago on behalf of a teenage boy who was sexually abused by a priest over the course of several years at St. Agatha Catholic Church on the cities West Side. In addition to alleging that the boy was abused by admitted sex offender Daniel McCormack, the lawsuit places blame on the Archdiocese of Chicago for allowing McCormack to remain at the church— and in direct contact with children— after similar allegations of sex abuse had surfaced. In a widely publicized hearing in 2007, Daniel McCormack pleaded guilty to sexually abusing boys at the church were he was a leader. McCormack was then sentenced to five years in prison. After serving 2 1/2 years of his sentence, McCormack has been removed to a state mental health facility. A legal duty to protect parishioners If indeed the Archdiocese of Chicago had knowledge of Father… Continue Reading
Foster Care Abuse Lawsuit Seeks Damages From Placement Agency
Posted in Foster Care Abuse, Sexual AbuseThree young men who allege to have been sexually abused by their foster care father have filed civil lawsuits against both the individual and the foster care placement company. The foster care father, faces criminal charges for the sexual abuse of seven adolescent boys at his Last Chance Farm compound. The man and his wife were part of Mentor Maryland, an organization that provides foster care to children and adolescents with: mental disabilities, at-risk children and people with brain and spinal cord injuries. The lawsuits all allege that Mentor Maryland was negligent for failing to take action after they had notice of the alleged acts of involving sexual abuse from children under the care of the same foster care parent. If found negligent, the foster care agency may face a substantial payout to these young victims of abuse. Foster Care Agencies Duty To Protect Children Children and adolescents involved… Continue Reading
Reporting Child Abuse: Not Just The Right Thing To Do– But Also The Law
Posted in Day Care Accidents, Foster Care Abuse, Sexual AbuseIn many situations, a child may be unable or unwilling to report their own abuse or neglect. Therefore, it is important that the network of adults in a child’s life are vigilant advocates, giving abused children a voice. A child may not report abuse because they cannot talk, do not understand what is happening, are afraid, or have no one to talk to. That is why there are mandated reporters, people and professions who have a legal requirement to report child abuse or neglect to the State. Many times, these people are in the best position to recognize signs of possible abuse (325 ILCS 5/4; 720 ILCS 5/11-20.2). Mandated reporters of child abuse include: Doctors Nurses Teachers Social workers Psychologists Police officers Members of the clergy Child care personnel. If a mandated reporter fails to report suspected abuse, they can face disciplinary action (325 ILCS 5/4). These are not the… Continue Reading
Most Of Chicago’s Roman Catholic Parishes Have Had A Priest Accused Sexual Abuse Working At The Parish
Posted in Sexual AbuseA recently released study commissioned by several victims rights groups including: Voice of the Faithful, African American Advocates for Victims of Clergy Sexual Abuse and the Survivors Network of those Abused by Priests has concluded that most of Chicago’s Roman Catholic parishes have had a priest accused of sexually abusing children working at the facility from 1980 to 1990. The studies conclusions were reached after analyzing data from The Official Catholic Directory and a database of accused, admitted and convicted priests (bishop-accountability.org). While most of the accused sexual predators were distributed fairly evenly throughout Chicago, a higher concentration of suspected offenders was noticed in: Bridgeport West Town Lincoln Park Garfield Ridge Whenever, I see reports commissioned by advocacy groups, the skeptic in me immediately question the accuracy of the information. However, given the fact that many of the childhood sexual abuse victims have come forward with similar accountings of abusive… Continue Reading
Negligent Hiring Alleged In Lawsuit Against Social Outreach Program Where Counselor Sexually Assaults Child
Posted in Sexual AbuseDaniel L. Price, a Virginia psychologist who ran the Empowering Families Program for 17 years, was sued for knowingly hiring an employee, James W. Davis, with disreputable professional credentials, who was later accused of sexual assault. (See “Despite the Recent Publicity, Children Continue To Remain Susceptible To Abuse From Clergy”) The male victim (identified as B.E.L.), who is now 18, was 13-14 when the alleged abuse occurred in 2005-2006. He reported at least two occasions where Mr. Davis touched the teen in a sexual manner. A relative filed the civil suit on behalf of the victim in March 2009, claiming fraud, negligent hiring practices, indecent liberties with a minor, sexual assault, respondeat superior claims, violation of consumer protection act, and $570,000 in punitive damaged for sexual abuse. See “Regulations Governing the Practice of Psychology – Virginia Board of Psychology”) The presiding judge, Judge John G. Berry of Culpeper County… Continue Reading
When Do You Need To Contact An Attorney To Discuss Your Child’s Injury Case?
Posted in Medical Malpractice, Motor Vehicle Accidents, Pharmacy Errors, Premises Liability, Sexual AbuseSituations involving severe personal injury, medical malpractice and other types of harm inflicted on children can pose a challenge both for the individual child and his or her family. When it comes to determining how to proceed with your potential legal recourse, the best rule of thumb is to trust your instinct. If something doesn’t seem right–it’s probably not. Because most cases involving personal injury, medical malpractice or abusive circumstances to children take place both behind closed doors and with a child who not be capable of articulating the particulars, timely retention of a lawyer– who works on your behalf– is important to conducting an initial investigation and case assessment. Despite the fact that statute of limitations– specific time allotments to file a lawsuit– may extend the time for pursuing a case on behalf of a child, valuable evidence may need to be gathered as soon as feasible following an incident. In… Continue Reading
Signs Of Childhood Abuse May Not Always Be Apparent
Posted in Day Care Accidents, Sexual AbuseIt is not uncommon for children to have scrapes and bruises from learning to walk or playing games. But, many common injuries can also be caused by abuse or neglect. There is no one injury that makes it obvious that abuse is occurring. Instead, it is often the regularity of injuries or location or grouping of injuries that are indicators of abuse. Indicators of child abuse include situations where the child: Has bruises, broken bones, burns, or black eyes that they cannot explain Has injuries that are healing after they have missed school or child care Seem unwilling to go home or is afraid of parents/caretakers Recoils at the touch of a parent/caretaker Reports a suspicious injury/scenario A parent or caretaker can also display indicators of abuse. These include: Offering unconvincing or conflicting explanations for a child’s injuries Describing the child in overly negative terms Disciplining the child in a… Continue Reading
Scathing Report Highlights Dangers To Young Patients In Chicago Psychiatric Hospital
Posted in Sexual AbuseUnder-staffing and poor supervision seem to be the conclusions reached by experts from the University of Illinois At Chicago behind the continuous pattern of sexual abuse and assault cases occurring at Lakeshore Hospital, a well-know Chicago psychiatric hospital catering to younger patients. Analyzing reports of sexual abuse from a recent investigative series by the Chicago Tribune, the report carefully looks at the circumstances behind the reports of rape or sexual sexual perpetrated upon juvenile patients at the facility. Amongst the conclusions reached by the studies authors: Treatment plans that fail to address discharge information for patients Inconsistent supervision of patients by staff Medication errors Ineffective corrective plans that were routinely submitted by the facility in response to previous incidents at the facility Under-staffing; in some circumstances one employee was responsible for supervising more than 20 patients Certainly, any alleged sexual abuse of hospital patients is reason for concern, but I… Continue Reading
Vatican Named In Recently Filed Lawsuit Involving Childhood Sexual Abuse In Chicago Church
Posted in Sexual AbuseIn most jurisdictions an employer is responsible for the acts of their agent. Consequently, when an employee or agent commits a wrongful act and a person is injured, the employer is generally named as a party in the lawsuit. Yet in other circumstances, the employer may be named in a lawsuit where their agent apparently acted negligently, because they acted negligently in training or supervising their agent. Albeit in an unusual corporate dynamic– the Catholic Church– a recently filed sexual abuse lawsuit attempts to broaden the employer / agent lines in terms of the Catholic Church. The Vatican was named in a recently filed lawsuit alleging childhood sexual abuse at a Chicago Church committed by admitted child molester, Daniel McCormack. The lawsuit alleges that boys were sexually molested by Reverend Daniel McCormack at Chicago’s St. Agatha Church. In addition to naming father, McCormack, the lawsuit claims that officials at the… Continue Reading
Parish Held Responsible In Lawsuit Involving Sexual Abuse By Priest
Posted in Sexual AbuseThe New York Times recently reported on a recent trial where a Delaware man was awarded $30 million in compensatory damages after being sexually abused by Roman Catholic Priest as a child. In addition to the significant compensatory award (the largest award to a single victim of clergy abuse) the trial is significant because it is one of the few cases were a jury apportioned significant fault against the parish where the abuse occurred. Most sexual abuse cases involving clergy hold the diocese responsible for the damages in the particular case as opposed to the particular parish where the abuse occurred. According to bishopaccountabilty.org, this case is just one of several lawsuits where the jury has apportioned fault on the part of the parish. Delaware, is like several other states that have ‘window laws’ that lift the statute of limitations and allow lawsuits to be pursued even after the statute… Continue Reading
Despite The Recent Publicity, Children Continue To Remain Susceptable To Abuse From Clergy
Posted in Sexual AbuseChild abuse, especially sexual abuse, is a devastating event and can be difficult to discuss. This is especially true for clergy abuse because it involves the church and trusted priests. However, clergy abuse is a topic that needs to be discussed. The more light shed on the topic, the better people can understand the problem, take preventative measures, provide therapy to victims, and attempt to right wrongs. The Catholic Church is at the center of the scandal, with numerous stories of abuse and expensive lawsuits. The Church has dealt with these cases for more than two decades, costing almost $2 billion in settlements. Many victims of clergy abuse want more than just money, they want validation that the abuse occurred, that it was wrong, and that it wasn’t their fault. Some accusers and victims want nothing more than the opportunity to speak to the parish where their abuse… Continue Reading