Advocacy, legislation, VAWA

I’m With Her: Reflections on the Women’s March

Like many of you, I traveled to Washington, DC on Saturday to stand with hundreds of thousands of women (and men!) who had something to say about the state of the world, America, politics, their bodies, and what’s on their mind. The Women’s March on Washington was a great day to be in DC. I brought along my feisty kid who participated in this incredible moment in time and shared it with me, some good friends who traveled and many others.

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Many people want to know why I went? I wanted to stand up for continued protections for women’s health and the health of all. I wanted to stand by women who have been politically marginalized by some. I wanted to stand up and say that the denigration of women and the trivialization of sexual assault should not be tolerated. And I wanted to stand with my daughter as her voice was amplified by 500,000 others (and millions more around the world) that their rights, their protections matter. 

But the final straw was this. On Friday the Trump Administration began discussions on proposed cuts to the US Department of Justice and elimination of the Violence Against Women Act (VAWA) the signature act signed into law in 1994 (drafted by Joe Biden) that has enabled protection for millions of victims of domestic violence and sexual assault. VAWA had bipartisan support when passed in 1994 and reauthorized by with bipartisan support in 2000 and 2005 and signed by then President George W. Bush.

Cutting VAWA would be devastating to millions, continues to send the wrong message, and must be stopped.  

And lest you think that BCAC and I are being partisan on an issue, read our 2012 Op-Ed when the Victims of Child Abuse Act fund was zeroed out by then President Obama. We made our voice known then as well and saved VOCAA.

Try and explain this one to your daughters, wives, sisters, mothers, and sons and brothers all who have been covered by this watershed legislation for over 20 years.

In the coming days, I’ll be sharing what you can do to Save VAWA (#SaveVAWA) and why it has been such an essential tool for protecting victims from violence, something I have dedicated my entire career to doing. BCAC’s growth as a program, includes helping teenagers who are victims of sexual violence, and children who witness domestic violence.

Saturday in DC was peaceful, poignant, funny, enlightening, empowering, and memorable. Some were there to stand up for women, some to stand up for causes, some to stand up against decisions already made by this Administration, and yes some against the President. But altogether this remarkable rally and all that comes next demonstrates that indeed, this is what democracy looks like.

Adam Rosenberg, Executive Director, January 22, 2017

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child protection, failure to report, legislation, Uncategorized

Failing to Protect Children by not Punishing the Failure to Report

I’ve been calling for penalties for the failure to report child abuse for years now in Maryland. Maryland remains the only state without a penalty or formal mechanism to pursue such a violation of the duty to protect children in one’s care. And for years myself and a few others have called for the enactment of such a penalty for a willful and knowing failure to report abuse. However, this bill has consistently died in the Maryland Senate and Maryland House of Delegates at the hands of legislators focused on professionals and not children and advocates less concerned with children than they have been with their own special interests. You know who you are.

Today’s allegation that a child informed a teacher about his own abuse and was told to sit down just underscores the need for a penalty for the failure to report. Penalties are not designed for the mistake or the confusing situation, but for moments like the Deonte Carraway case in Prince Georges County where not just the principal but multiple teachers in the school knowingly and willfully failed to report abuse.

A prosecutor needs to have the mechanism to pursue justice for those who abrogated their responsibility to protect the children in their care. This incident is no different and no less heinous that what occurred at Penn State where leadership at all levels turned a blind eye towards the abuse of children. When mandated reporters fail to adhere to their duty, abuse continues, pedophiles remain unaccountable, and regrettably even children die. The lack of a penalty in Maryland diminishes the significance of the crime of child abuse and the value of those lives impacted. This omission is truly one of the only incidents in Maryland law where there is a mandate required without any penalty.

A 2008 study published by the Journal of the International Society for Child Indicators concluded that the passage of effective mandatory reporting laws across the United States has clearly shown success in increasing the number of reports made to child protective services (Kesner, John. Child Protection in the United States: An Examination of Mandated Reporting of Child Maltreatment, Child Ind Res (2008) 1:397-410). Unfortunately, Maryland is the only state without any formal and enforceable remedy for the failure to report abuse – a distinction glaringly pointed out in reports issued by the United States Department of Health and Human Services and other national agencies on mandatory reporting. Without a penalty for the failure to report suspected abuse, the basic legal principle of ubi jus ibi remedium – for every wrong, the law provides a remedy – is violated.  There are no teeth to encourage or enforce this basic requirement that mandatory reporters report abuse. Having a penalty for the failure to report abuse is the national standard, and Maryland must do the same to ensure and underscore the importance of reporting abuse.

Without a penalty for the failure to report suspected abuse, the basic legal principle of ubi jus ibi remedium – for every wrong, the law provides a remedy – is violated.

Review the recent history in Maryland of bills introduced to examine the failure to report penalty and system of reporting. Even task forces to examine the issue have been shot down in committee and received dissent among advocates. Review the votes of members who voted against these bills, and read the testimony of advocates and professions who rallied against a penalty. Perhaps it’s too late for this legislative session to do any good, but it’s never too late to protect children. 

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