Fox News
Expand
Browse All Video
Watch Live

You're watching...

Law May Prevent Penn State Victims From Seeking Justice

Details

  • Description

    Attorney Shanin Specter weighs in on the case

  • Duration 4:07
  • Date

Clips

Also in this playlist...

Editor's Picks

Auto-advance: ON

Auto-advance
View All

Transcript

This transcript is automatically generated

In 2002.

Gave victims of child sexual abuse an extra ten years to file such claims that is until the age of thirty.

But in order to get the extra ten years you have to show that the acts complained.

-- the result of forcible compulsion.

Now what this forcible compulsion means well there are cases on both sides of that issue.

But some cases suggest that.

Certain aspects of what's been alleged to have been done by mr.

send -- with these boys may be argued by the defendants not -- -- involve forcible compulsion I'm not you're not talking now about.

For example the -- situation but.

Other incidents that are described.

So that's a concern that I have with respect to these claims going -- Eleven and it is something there that I think that -- and then we'll get that but but but -- senior tech and and I wanna get too -- either but.

Inappropriate touching short of rape might not be forcible compulsion are -- cases that that are -- point -- Well.

I believe that inappropriate touching short of rate to use your example.

Does involve forcible compulsion because it involves at a minimum psychological coercion which has been held by some courts.

To be sufficient.

Two.

Satisfy the forcible compulsion -- of the tests that allows you to get the extra ten years before you file suit.

But there are some cases the -- on the other side of that point.

So my concern is that these victims are going to need experienced and effective advocates.

To make the argument that they do have the benefit of these after ten years.

And if they don't get that benefit then the claims for the young men who were over the age of -- Will not be able to go full I don't.

And how -- -- and it's working conclude that a child a child who had been.

Abused in -- -- whether it whether it was you know an explicit rape or something short of -- but -- you sexually abused by this man.

Could can be deemed in the eyes of the law -- not.

It to be a willing participant to do not have been forced children they can't make the judgment they they you know the legal age of consent.

Doesn't even allow.

That -- recognition that they can willingly participate.

In sex sex with other you know children that they that they want to participate in sex acts with until they're 1416 in many states so why wouldn't protect these victims.

-- Megan you're making an excellent argument and that's the argument that I would make as well.

But some -- -- not -- for example in 1988 the Pennsylvania Supreme Court held.

That in a case involving a fourteen year old girl who had a guardian.

Where the guardian said to the fourteen year old girl if you don't have sex with me I'm going to send you to a detention -- And then she went forward and had sex with her guardian and and he was prosecuted for rate.

That that situation did not involve forcible compulsion and believe now.

-- I believe that clearly does involve forcible compulsion because when you say to a fourteen year old girl if you don't have sex with me I'm gonna send you to a detention home.

That is forcible compulsion of forever was it but our Supreme Court -- it was not.

-- and -- finance heart breaks I wanna -- a -- -- this a question to you do you having spoken with some of that victims in this case or at least one.

Do you feel like there will be civil lawsuits do you feel like the victims are mentally in a place where they can see those lawsuits.

For a while I can't discuss any contacts are firm may have had with any.

Potential victims or their families but yes there will be civil lawsuits.

-- yes I believe they're going to be filed soon.

These cases are going to be.

In my view seen through because.

You've had young men here who have come forward to the authorities.

Some of whom probably have testified in front of the grand jury.

Their names can all be maintained in privacy we don't have to have their names be right.

There's no way it protects him I've a product for -- -- but we're up against a heartbreaking and I appreciate it and all the best your dad this -- -- -- -- -- folks.

Say cancer coming up update on.

Load More