Opinion


Jennifer Freeman’s Miami Herald Op-Ed

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Are you a former New Yorker? Time’s almost up for childhood sex-abuse survivors to seek justice We all know it — every year, thousands of New Yorkers move to Florida for its warm weather and leisurely lifestyle. Some stay — I’m a former New Yorker delighted to be living in the Sunshine State for the past three years. The pandemic has accelerated this trend, with thousands more choosing Florida as a new home. Yet most former New Yorkers have no idea that our legal rights were dramatically expanded recently. In 2019, New York State enacted ...

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Is Submitting a False Statement to the FISA Court a “Victimless” Crime?

The general issue of who qualifies as a "victim" under the CVRA is a foundational question for protecting "victim's" rights and thus is extremely important to the crime victims' movement. Along with victims' rights attorney James Marsh, I have filed an amicus brief in support of Dr. Page's position that he is a "victim" under the Act. My brief on behalf of the National Crime Victims Law Institute, the National Organization for Victim Assistance, the National Center for Victims of Crime, and other leading crime victims' rights organizations explains why Dr. Page's ...

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Ex-NY Supreme Court Justice Reveals He Was Sexually Abused 60 Years Ago at Rockefeller University

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By Charles Apotheker I remembered being placed against a wall naked with my hands extended out towards him. And then I remember the picture-taking. Pictures of my naked 13-year-old body, followed by measurements of my penis. Then it all went blank. When revelations came to light that Dr. Reginald Archibald, a well-respected pediatric endocrinologist at the Rockefeller University Hospital, had spent decades sexually abusing young boys under the guise of medical “treatment,” I was flooded with memories that I thought were tightly sealed away in a mental box from 60 ...

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With Ink Not Yet Dry on the New York Child Victims Act, There Is Already Reason to Be Concerned About the Victims in this Process

Class actions are designed for circumstances where the victims have identical or nearly identical harm, or where such small monetary amounts are at stake that individual suits are implausible.

This cannot be permitted to happen to the sex abuse victims in New York, after 15 years of enormous effort to pass the Child Victims Act, who are supposed to be receiving a chance at full justice. The good news is that the class action lawsuit was filed in federal court where class actions must give victims a right to “opt out” of the lawsuit. So every victim will have the opportunity to think carefully about whether a “quickie” class action settlement is truly in her or his best interest.

The public policy problem, though, is that this is a great way for lawyers to benefit while survivors are once again made second-class participants in their own journey to justice. It’s bad enough they were victimized as children; and then they were re-victimized by insultingly short SOLs; but to be re-victimized after the CVA passes by not being taken individually and seriously in their own lawsuit constitutes the wrong result. It violates the spirit and the intent of the Child Victims Act so many labored so long to actualize.

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Transparency needed in GCCC cheer coach probe

I read with interest your articles about the abrupt resignation of the cheerleading coach at GCCC, and allegations of the college’s years-long apathy in the face of multiple complaints by cheerleaders of sexual harassment. Title IX, the federal statute mandating equal opportunity in education, requires schools receiving federal aid to respond appropriately to reports of sexual harassment. Thus, the ultimate question: Did the college respond appropriately to multiple reports of sexual harassment? The Telegram’s stories provide much relevant information. But they ...

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In Supporting the Gymnastics Victims, Judge Aquilina Got It Right

by Paul Cassell Recently the country watched Michigan Judge Rosemarie Aquilina allow crime victims—dozens of them—to testify during the sentencing hearing of Olympics doctor, Larry Nassar. These victims spoke eloquently and emotionally about the terrible harm that Nassar had caused. After hearing from the victims, Judge Aquilina sentenced Nassar to 40 to 175 years in prison, to be served after completion of an already-imposed 60-year prison term. The lengthy sentence appears to have broad public approval as punishment that fits the crime. But a few legal commentat...

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Hatch and Corwin Editorial: A Lifeline for Victims of Child Pornography

Child pornography leaves in its wake a trail of tragedy and shattered life. While public policy may never eradicate this evil altogether, it can at least alleviate the suffering of its victims. That’s exactly what Senator Hatch has sought to do with a groundbreaking new proposal that will provide justice for victims of child pornography. In an effort to update our laws for the digital age, Senator Hatch has introduced the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, named after the victims of some of the most widely circulated child pornography series ...

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Should race-based income projections be banned from the courts?

On Tuesday, The Post ran this interesting article about race-based income projections in tort cases. The article highlighted a recent federal case in which a Brooklyn jury had to determine how much to award a 4-year-old mentally disabled boy who had been harmed from living in an apartment illegally coated with lead paint. The landlord’s defense attorney disputed the lifetime income projections provided by the boy’s attorney because the boy was Hispanic and, accordingly, the attorney argued, statistically less likely to obtain an advanced education that would result in ...

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Congress needs to act to allow victims of child sex abuse to recover restitution

The justices are right in thinking that Congress should revisit the issue. Legislation set to be introduced Wednesday by Sens. Charles E. Schumer (D-N.Y.) and Orrin G. Hatch (R-Utah) seems to be a step in the right direction, with its outline of options for full victim recovery when multiple individuals are involved and giving multiple defendants who have harmed the same victim the ability to sue each other to spread the cost of restitution. The court was clear in its opinion that “the victim should someday collect restitution for all her child pornography losses....

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SCOTUS limits the amount of money child porn victims can get from people who possess it

This Wednesday morning, SCOTUS voted to put a limit on the amount of restitution that people who consume child pornography pay the victims of child pornography. Surprisingly, the court was mostly not divided between “putting a limit on restitution” and “not putting a limit on restitution”–but between limits and no restitution at all. Voting in favor of no restitution at all, naturally, were Roberts, Scalia and Thomas. Once again, the only Justice with a brain in her head, Justice Sotomayor, wrote a dissent of her own saying that there should be no limit, period ...

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