A Civil "Window"
Protects Kids THANKS
TO the tireless efforts of hundreds of caring
Catholics and dedicated survivors, lawmakers in two states have passed (and in
several states are considering) civil "windows" to expose the predators,
protect the vulnerable and heal the wounded. And because of Bishop Thomas
Gumbleton's recent disclosure of his childhood victimization by a priest, and
his support for such "windows," the issue is beginning to attract more
public attention. Years and years of our own research, experience and
advocacy (along with history, psychology and common sense) convince us that a
civil "window" is the single most effective way to prevent future abuse.
Here's how: 1) Exposing predators.
The "window" enables victims to publicly
expose the predators who hurt them, through the open, impartial, time-tested American
judicial system. It means that parents, neighbors and employers will know about
potentially dangerous individuals. 2)
Exposing enablers. Through the balanced judicial process - depositions,
discovery, interrogatories and sworn testimony - anyone who ignored a sex crime,
shielded a molester, destroyed a document or deceived a victim's family may also
be exposed. Families
deserve to know whether their pastor or day care center director or athletic association
harbored a sex offender, stonewalled a prosecutor, or lied to a parent.
Citizens deserve to know whether a diocese
or a summer camp director knowingly hired child molesters.
3) Fear of litigation. Without
the "window," a supervisor who's been lax about child safety has no
incentive to change bad habits or work harder. With
the "window," decision-makers will know that if they insensitively shun
a victim or recklessly endanger a child, they may be exposed in court and face
consequences for having done so. 4)
Fear of financial consequences. Passage of the "window" will
prod defense lawyers, public relations staff and others to beef up child sex abuse
prevention and education. Concerned
employees will start asking their supervisors "Do we do background checks
on everyone here?" and "Are we ready for a potential lawsuit?"
Smart organizations will start or expand
efforts to train adults about reporting abuse and teach kids about "safe
touch," knowing that - victims are less inclined to sue an institution
that seems to take abuse seriously, - judges and juries are more lenient
with institutions that are already addressing the problem which led to a lawsuit.
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