The Legal Contours of Child Endangerment

Adults who care for children have a legal obligation to ensure those children avoid unreasonably dangerous situations. Failing to adequately protect a child may result in the caregiver being charged with “child endangerment” or “endangering the welfare of a child.”

Examples of child endangerment may include:

  • Driving while intoxicated with a child in the vehicle
  • Leaving a child alone and unsupervised with available dangerous weapons
  • Leaving a child unattended in an unsafe area or vehicle
  • Hiring a person with a known history of sexual offenses to supervise a child
  • Leaving a young child unsupervised or in the care of another young child
  • Providing drugs or alcohol to an underage driver
  • Opting for spiritual healing rather than conventional medicine when a child’s life is in danger
  • Failing to report suspected child abuse
  • Domestic violence episodes that take place in front of children

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Sexual abuse by a cousin is incest

One area of sexual abuse remains secretive, private, and unprosecuted – incest between family members other than a parent or a sibling. A number of studies regarding incest have been done. To our knowledge, none have specifically included cousins as perpetrators or victims.

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Litigation Strategies for Sexual Abuse Lawsuits

In most claims for personal injury there are time limits by which the claim must be brought. There are various exceptions, including sexual abuse that took place many years ago when the claimant was a minor. In all lawsuits, the credibility of facts and witnesses is crucial. Abuse allegations, by their nature, are infrequently able to be independently, conclusively verified. Further, litigation is inherently an endeavor in which witnessesmay have a stake in a particular explanation of past events.

Assuming there is no statute of limitations concern, what are some of the unique challenges and “tricks of the trade” of filing or defending against this type of civil lawsuit? We asked a number of experienced attorneys to share their insights about handling a sexual abuse case when the alleged abuse happened many years ago. The following are their observations.

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Michigan State’s Nassar Settlement Could Set A Troubling First Amendment Precedent

But even if this condition will have little to no impact on the survivors, it’s both telling and troubling that MSU would even try to put this on the table. James Marsh, an attorney for victims of sexual abuse and assault and a member of CHILD USA’s independent commission looking into the institutional failures around the Nassar case, expressed his concern about this.“That a state institution [MSU] would politically silence victims and basically pay them to give up their First Amendment rights goes way beyond the current criticism about gag orders,” he told me ...

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Nassar bills expected to change regardless of MSU deal

The settlement agreement requiring victims to drop support of certain bills was “extraordinary” as it allows one branch of government to demand citizens not engage in advocacy protected by the First Amendment, said James Marsh, an attorney whose White Plains, New York Marsh Law Firm represents sexual abuse victims.“It’s like basically giving the residents of Flint a bottle of water in exchange for them not exercising their First Amendment rights to petition the Legislature,” said Marsh, whose firm tweeted about the MSU settlement.A University of Michigan ...

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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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Settlement reached between former professor, victims depicted in child porn

ERIE — An undisclosed settlement has been reached in the federal civil suit between a former award-winning college professor from Meadville convicted on child pornography charges and the eight victims depicted in the pornography authorities found on his computers.In December 2016, the victims, identified only by pseudonyms, filed a lawsuit against Kirk Nesset in U.S. District Court in Erie for statutory damages of $150,000 each plus compensatory and punitive damages.Katie M. Shipp, an attorney who represents the eight victims along with Hepbrurn, also declined ...

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James R. Marsh Appointed to Blue Ribbon Commission Examining the Larry Nassar Scandal

CHILD USA, the University of Pennsylvania-based think tank focused on child abuse and neglect, with $300,000 in funding from the Foundation for Global Sports Development (GSD), today announced the establishment of an independent Blue Ribbon Commission to examine the institutional responses to sexual abuse by former USA Gymnastics doctor Larry Nassar. The announcement came at the Athletes and Abuse Symposium hosted at the University of Pennsylvania, where leading national experts on sports, law enforcement, child sexual abuse, and child development convened to examine the repeated abuse of athletes across the spectrum of sports and ages.

“Game Over: Commission to Protect Youth Athletes” led by Marci Hamilton, CEO of CHILD USA and Fox Professor of Practice at the University of Pennsylvania, will have 16 members, and will immediately engage in a fact-finding exercise, before conducting public hearings to bring greater light to what happened and what went wrong in reporting. The commission expects to release a full, public report, in the beginning of 2020 with the goal of preventing abuse in the future.

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Marsh Law Firm – Supporting Child Pornography Victims

Our firm co-sponsored this first-ever gathering of child pornography survivors who created this mandala of hope and resilience. Calling themselves the ‘Phoenix Ten,’ survivors shared their lifelong experiences and organized as a powerful force demanding change.

Survivors banded together to share experiences and create a force to challenge the inadequate responses to the prevalence of child sex abuse images on the Internet. One outcome of the retreat was the establishment of an action group focusing on bringing the collective voice of these victims to the international stage.

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Child sex abuse images matter

James Marsh is probably the USA’s leading lawyer when it comes to representing victims of child sex abuse where an image of the abuse has appeared online. He represented Amy in Amy v. Paroline. It went all the way up to the US Supreme Court. Marsh is quite clear. Victims want every copy or version of an image of their humiliation to be found and deleted as quickly as possible. Pending that, they want access to be restricted to the greatest extent achievable, again as quickly as possible. Knowing this is being done can be crucial to a victim’s prospects of recovery and getting back to any kind of normal life. It is reassuring evidence that the harm done to them is acknowledged, that every practical step is being taken to make things as right as they can be, that justice is being delivered.

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