Justice Denied: What America Must Do to Protect Its Children

by Marci A. Hamilton

Book 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...

• Format: Paperback
• Language: English
• ISBN: 1107673127
• ISBN13: 9781107673120
• Release Date: April 2012
• Publisher: Cambridge University Press
• Length: 176 Pages
• Weight: 0.15 lbs.
• Dimensions: 0.4" x 6.0" x 9.0"

Customer Reviews

CAN'T PUT IT DOWN!

This book is amazing. Amazing, first, because I,(a person with very little knowledge of the legal system), can actually understand it! Anyone who has experienced child abuse and come to the realization of its impact on his or her life, can quickly recognize someone who "gets it". Marcy Hamilton gets it. This book has inspired me to take braver steps in my role as a child advocate, the first of which is going to be a letter to my State Senator to push for reform in our statute of limitation laws for child abuse!!

Must read...the painful truth

Children had almost no personal rights through the middle ages. They were often punished as adults but had less perceived value than chattel. In our era we pride ourselves on our enlightened approach to childens' rights and welfare. If you believe we are truly enlightened this book will shatter that belief. Professor Hamilton describes the legal quirk whereby victims of child abuse are denied their day in court and perpetrating abusers are enabled by the law. The concept of the Statute of Limitations is designed to prevent miscarriages of justice yet in the case of child abuse it promotes them. Child abuse abvocates and victims have struggled for changes in State legislation to promote laws that are far more protective of children and their rights. The shocker is that the two institutions that have done the most to prevent enlightened legislation are the institutional Catholic Church, mostly the bishops, and the insurance industry. The Church is afraid to bare its secrets and lose its power (and money too) and the insurance industry blatantly puts its money way before the welfare of children. This book is solid. It is not a polemic. It is a painful and at times shocking revelation of well documented facts by a leading constitutional legal scholar and fearless advocate for the rights of children. Get the book. You'll be shocked, scandalized, angry and hopefully motivated to insist that your lawmakers do the right thing.

Necessary Reading

Hamilton makes a complex and embarassing issue easy to understand and correct. Childhood sexual abuse is a topic no one wants to believe happens. Hamilton focuses on the present law's limitations and how to protect future generations of children from this nightmare. Every state legislator should be made to read this book.

Hamilton hits the nail on the head.

Marci Hamilton shows that state legislatures could, with a veritable stoke of the pen, do more much to protect children. What stops the legislatures are special interests, but "Justice Denied" has the potential to launch a civil rights campaign that puts children first.

Thumbs up for Hamilton!

In this book, Hamilton tackles the complex issue of childhood sexual abuse head on yet in language that is clearly written and not full of unnecessary legalese. She argues that the legal system has obstinately persisted in supporting the sexual predators at the expense of victimized children. For Hamilton, the solution is simple. The statute of limitations for sexual offenses against children must be eliminated. But simple is not apparent, especially to those with a vested interest in keeping those victimized out of the courtroom. Many in the hierarchy of the Catholic Church have actively and successfully lobbied in numerous states to defeat legislation that even opens a window of opportunity for victims. Yet, Hamilton is not guilty of Church bashing. She acknowledges the role that the Church has played in this arena but points to the insurance lobbyists as the primary, albeit quieter, barrier. So too have teacher unions, some defense attorneys, and finally the many of us who might fall into the category of uniformed public, been complicit in looking out for something or someone other than children who need a voice. Of the many arguments that Hamilton proposes, one that I support wholeheartedly is those who have been sexually abused are not likely to report their abuse until adulthood and the rate of nondisclosure is estimated to be nearly 90%. In my own research I found that over 25% of those abused by a priest did not disclose until after that age of 49. Of those abused by someone other than a priest, 28% had not disclosed until the ages of 40-49. The benefits of abolishing the statute of limitations seem obvious. I agree with Hamilton. We will have better knowledge of those among us who have abused children. More children will have greater protection. Finally, members of the clergy are by no means the primary perpetrators of sexual abuse. No organization is exempt and sexual abuse is most often committed by a family member. We must take a stand for the civil rights of our children. As Hamilton documented, in California, where the statute "window" was enacted, only .005% of claims were found to be false and 300 new abusers were identified. Surely this is worth the cost.