Law Commons^™

A Crooked Picture: Re-Framing The Problem Of Child Sexual Abuse, Eric S. Janus

Faculty Scholarship

This article discusses the problem of ending child sexual abuse using an allegory explaining that certain types of punitive solutions as solving the river "downstream", or in problem-solving mode, as opposed to "upstream", or in prospective problem avoidance. The thesis of this brief article is that our public policy is focused too far downstream. We rightly condemn child sexual abuse, but our public discourse frames the issue in a way that misdirects our public policy towards downstream solutions. If we truly want to protect our children from sexual abuse and end the cycle of violence, we need to reframe the …

Petition For Rehearing, Kennedy V. Louisiana, No. 07-343 (U.S. July 21, 2008), Viet D. Dinh, Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

Forgive Me Father For I Have Sinned: The Victims, The Abusers, The Church And The Law, Stephanie M. Adduci, M.A.

Journal of Race, Gender, and Ethnicity

No abstract provided.

Protecting The Least Of These: A New Approach To Child Pornography Pandering Provisions, Stephen T. Fairchild

Duke Law Journal

The pandering of child pornography - selling, distributing, or conveying the impression that one possesses sexually graphic images of children for sale or distribution - facilitates actual harm to children, such as molestation. Yet legislative attempts to curb pandering inevitably implicate concerns about panderers' First Amendment rights. This Note argues that in balancing the vulnerability of children against the power of the First Amendment, the law must shift to focus more on the subject of this grievous harm - children. This approach will appropriately extend protection to a subset of the population that is least able to protect itself.

Family Law Armageddon: The Story Of Morgan V. Foretich, Leslie J. Harris

Leslie J. Harris

This book chapter tells the story of the contempt case brought against Elizabeth Morgan, a Washington, D.C., doctor imprisoned for her failure to produce her daughter for extended visitation with the ex-husband she accused of sexual abuse. The chapter sets the stage for the proceeding in terms of the shift in custody law in the mid-eighties from the maternal presumption to a preference for shared parenting and the discovery of and almost immediate backlash against allegations of childhood sexual abuse. It also details Morgan's parents' flight with the child to New Zealand and provides an update of what has happened …

Note Of The Year: A Modicum Of Recovery: How Child Sex Tourism Constitutes Slavery Under The Alien Tort Claims Act, Kyle Cutts

Case Western Reserve Law Review

No abstract provided.

Myspace, But Whose Responsibility - Liability Of Social-Networking Websites When Offline Sexual Assault Of Minors Follows Online Interaction, Elizabeth P. Stedman

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The Mcmartin Preschool Abuse Trial, Douglas O. Linder

Faculty Works

The McMartin Preschool Abuse Trial, the longest and most expensive criminal trial in American history, should serve as a cautionary tale. When it was all over, the government had spent seven years and $15 million dollars investigating and prosecuting a case that led to no convictions. More seriously, the McMartin case left in its wake hundreds of emotionally damaged children, as well as ruined careers for members of the McMartin staff. No one paid a bigger price than Ray Buckey, one of the principal defendants in the case, who spent five years in jail awaiting trial for a crime (most …

Practice What You Preach: How Restorative Justice Could Solve The Judicial Problems In Clergy Sexual Abuse Cases, Diana L. Grimes

Washington and Lee Law Review

No abstract provided.

9. The Problem Of Child Sexual Abuse: Response., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek

Thomas D. Lyon

8. The Science Of Child Sexual Abuse., Jennifer J. Freyd, Frank W. Putnam, Thomas D. Lyon, Kathryn A. Becker-Blease, Ross E. Cheit, Nancy B. Siegel, Kathy Pezdek

Thomas D. Lyon

Child Sex Abuse Victims: How Will Their Stories Be Heard After Crawford V. Washington?, Erin Thompson

Campbell Law Review

This comment focuses on the Confrontation Clause's interpretation throughout history and demonstrates the adverse effects the current state of the law has on child sex abuse victims like Alice and Bonnie. As such, the United States Supreme Court should declare that current statutory protections for child sex abuse victims are valid exceptions to the Confrontation Clause. Additionally, states should be encouraged to establish these statutes where they do not exist.

8. Speaking With Children: Advice From Investigative Interviewers., Thomas D. Lyon

Thomas D. Lyon

Terminating Active Efforts: The Alaska Supreme Court Misfires In J.S. V. State, Mark Andrews

Alaska Law Review

No abstract provided.

Respecting Litigants' Privacy And Public Needs: Striking Middle Ground In An Approach To Secret Settlements, Emily Fiftal

Case Western Reserve Law Review

No abstract provided.

Forensic Interviews Of Children: The Components Of Scientific Validity And Legal Admissibility, Nancy E. Walker

Law and Contemporary Problems

The problems associated with assessments of children's reports of victimization in criminal proceedings came to national attention during the 1980s and 1990s in a series of highly publicized trials of daycare staff. Walker describes information that professionals need to know if they are to conduct valid interview of children in forensic contexts.

The Maturation And Disintegration Of The Hearsay Exception For Statements For Medical Examination In Child Sexual Abuse Cases, Robert P. Mosteller

Law and Contemporary Problems

Mosteller examines the treatment of children as victims and witnesses in criminal trials, most frequently involving sexual abuse, over the last quarter of the twentieth century, and from that experience, to draw lessons. He also examines what has been learned about the hearsay exception for "statements for purposes of medical diagnosis of treatment."

When Children And The Elderly Are Victims: Balancing The Rights Of The Accused Against Those Of The Victim, Charles W. Ehrhardt

Scholarly Publications

Child sexual abuse prosecutions involve difficult societal issues as well as complex evidentiary and constitutional problems. The abusive act frequently occurs in private upon a young victim who proves an unpersuasive witness during a subsequent trial. Often only two eye witnesses exist, the victim and the accused, thus making the victim's credibility a critical issue. Because of the nature of these prosecutions, there has been a special focus on the principles regulating the admissibility of evidence in child abuse cases. Balancing the due process and constitutional rights of the accused against the interests of both the child and society in …

The Decline In Child Sexual Abuse Cases, Us Department Of Justice

Juvenile Justice Bulletin

No abstract provided.

Community Attitudes And The Role Of The Victim Offender Relationship In Child Sexual Abuse Cases, Kirstin Leigh Bouse

Theses: Doctorates and Masters

Past research has illustrated that communily attitudes tend not to be reflected in crime legislation particularly when considering the victim-offender relationship and perceived seriousness of child sexual abuse. This study examined the effects of 4 different victimoffender relationships and the degree of trust within these relationships on perceptions of offence seriousness and emotional and physical harm, for the offence of indecently dealing with a 14-year old girl. One hundred and sixty community members used a 7- point scale to rate the degree of trust within these relationships, the seriousness of the offence and the emotional and physical harm suffered by …

Prosecuting Cyber-Pedophiles: How Can Intent Be Shown In A Virtual World In Light Of The Fantasy Defense?, Donald S. Yamagami

Santa Clara Law Review

No abstract provided.

New Wave In Children’S Suggestibility Research: A Critique , Thomas D. Lyon

Cornell Law Review

No abstract provided.

Expert Testimony: Seeking An Appropriate Admissibility Standard For Behavioral Science In Child Sexual Abuse Prosecutions, Dara Loren Steele

Duke Law Journal

No abstract provided.

The Gradual Decline Of A Hearsay Exception: The Misapplication Of Federal Rule Of Evidence 803(4), The Medical Diagnosis Hearsay Exception, Robert R. Rugani Jr.

Santa Clara Law Review

No abstract provided.

The Death Penalty Is Cruel And Unusual Punishment For The Crime Of Rape - Even The Rape Of A Child, Pallie Zambrano

Santa Clara Law Review

No abstract provided.

The Manipulation Of Legal Remedies To Deter Suits By Survivors Of Childhood Sexual Abuse, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

Tales Of Sexual Panic In The Legal Academy: The Assault On Reverse Incest Suits, Edward Greer

Case Western Reserve Law Review

No abstract provided.

Attorneys As Gatekeepers To The Court: The Potential Liability Of Attorneys Bringing Suits Based On Recovered Memories Of Childhood Sexual Abuse, Cynthia Grant Bowman, Elizabeth Mertz

Cornell Law Faculty Publications

No abstract provided.

Without Narrative: Child Sexual Abuse, Lynne Henderson

Scholarly Works

No abstract provided.

Suppressing Memory, Lynne Henderson

Scholarly Works

No abstract provided.