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Sea Of Destruction: Legal And Social Forces Enabling Sexual Abuse Of Children, Amos N. Guiora
Sea Of Destruction: Legal And Social Forces Enabling Sexual Abuse Of Children, Amos N. Guiora
Utah Law Faculty Scholarship
This Article seeks to expose the truth of how our schools, laws, and powerful groups in our society actively work to aid mobile molesters in schools—mobile because they move from child to child and school to school, all with the blessing of adult enablers who are charged to protect children. According to news reports, in 2015, at least 498 teachers and other school workers were arrested for sexual misconduct with children. That is almost three per school day. Even worse, in addition to the initial attack by the molester, the child is subsequently revictimized by others who aim attempt to …
Failing To Protect The Vulnerable: The Dangers Of Institutional Complicity And Enablers, Amos N. Guiora
Failing To Protect The Vulnerable: The Dangers Of Institutional Complicity And Enablers, Amos N. Guiora
Utah Law Faculty Scholarship
Criminal liability has typically been reserved for those who have both actus reus and mens rea. Omission liability is infrequent in modern criminal codes. Despite wide public support for aiding those in peril, Western democracies have historically refused to impose any penalty upon those who fail to aid someone in danger.
However recent high profile abuse scandals—including those of the USA gymnastics team, University of Michigan and the Catholic Church have caused scholars and policymakers to rethink these assumptions. In recent years, some jurisdictions have slowly come to criminalize those who witness another in peril and fail to provide aid. …