Justice Denied: What America Must Do to Protect its Children

Overview

Recent events such as the clergy abuse scandal in the Catholic Church have brought the once-taboo subject of childhood sexual abuse to the forefront. But despite increasing awareness of the problem, the United States has not succeeded in establishing effective means of deterring and preventing it, leaving the children of today and tomorrow vulnerable. Hamilton proposes a comprehensive yet simple solution: eliminate the arbitrary statutes of limitation for childhood sexual abuse so that survivors past and present ...

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Justice Denied

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Overview

Recent events such as the clergy abuse scandal in the Catholic Church have brought the once-taboo subject of childhood sexual abuse to the forefront. But despite increasing awareness of the problem, the United States has not succeeded in establishing effective means of deterring and preventing it, leaving the children of today and tomorrow vulnerable. Hamilton proposes a comprehensive yet simple solution: eliminate the arbitrary statutes of limitation for childhood sexual abuse so that survivors past and present can get into court. Removing this merely procedural barrier permits the millions of survivors to make public the identities of their perpetrators and to receive justice and much-deserved compensation. Standing in the way, however, are formidable opponents such as the insurance industry and the hierarchy of the Roman Catholic Church. In Justice Denied, Hamilton predicts a coming civil rights movement for children and explains why it is in the interest of all Americans to allow victims of childhood sexual abuse this chance to seek justice when they are ready.

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Editorial Reviews

From the Publisher
"Professor Marci A Hamilton, a law professor at Cardozo School of Law, has written a strong and well researched book....a must-read for lawyers who have represented victims or, as Professor Hamilton refers to them, survivors, of sexual abuse."
—Herbert J. Friedman, The Nebraska Lawyer

"Justice Denied is about one of the most horrendous offenses against children short of murder: child sexual abuse....The author paints a vivid and shocking picture of child sexual abuse which should disavow the attitudes of those who think its limited to sinister looking street denizens in dirty trench coats.... Marci Hamilton's book is short and to the point. Its last sentence sums up the book and the cause: "It is an either/or choice: we can either protect the predators or the children." This book concludes with the hope that it will be so for the right of children and their parents to live in a society without fear of sexual assault."
— Thomas P. Doyle, co-author of Sex, Priests, and Secret Codes: The Catholic Church's 2,000-Year Paper Trail of Sexual Abuse

"Argues for removing states' statutes of limitation for cases of child sexual abuse..."
—Chronicle of Higher Education

"...an impassioned plea to lawmakers and the 'uniformed public' (p. 108) to tackle the problem of child sexual abuse in the United States..."
—Harvard Law Review

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Product Details

  • ISBN-13: 9781107673120
  • Publisher: Cambridge University Press
  • Publication date: 4/30/2012
  • Edition description: Reprint
  • Pages: 176
  • Sales rank: 976,416
  • Product dimensions: 5.90 (w) x 8.90 (h) x 0.50 (d)

Meet the Author

Marci A. Hamilton is one of the United States' leading church state scholars, as well as an expert on federalism and representation. Hamilton is Visiting Professor of Public Affairs at the Woodrow Wilson School and the Kathleen and Martin Crane Senior Research Fellow in the Law and Public Affairs Program, Princeton University and holds the Paul R. Verkuil Chair in Public Law at the Benjamin N. Cardozo School of Law, Yeshiva University. She is the author of the award-winning God vs. the Gavel: Religion and the Rule of Law (Cambridge University Press, 2005). Hamilton is a former clerk to Justice Sandra Day O'Connor and is also columnist on constitutional issues for www.FindLaw.com.

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Table of Contents

1. We have failed our children; 2. What is wrong with the system; 3. The solution is clear and simple: abolish the statutes of limitation for childhood sexual abuse; 4. What it will take to act on the lessons learned; 5. Barrier no. 1: the insurance industry; 6. Barrier no. 2: the hierarchy of the Roman Catholic church; 7. The other barriers: the teachers, the defense attorneys, and an uninformed public; Conclusion.

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