Damon's Law 2015!
Donation protected
Damon's Law is the most important law to be passed in decades, as it will protect thousands of kids from sexual abuse and thousands of parents from having their children taken away after reporting abuse.
Join the event on Safe Kids International:
https://www.facebook.com/events/781465708599780/
Exceptional situations require exceptional solutions and Damon's Law provides the perfect solution to the problem of sexual abuse victims in the family not having a system in place which protects them.
Parental sexual abuse cases are usually diverted into Family Court, where children are being placed into the custody of the perpetrator due to substandard and biased investigations and adjudications.
Damon's Law will get cases out of family and juvenile courts and into criminal courts where they belong!
Damon's Law is being introduced in California where Damon's case took place. However, it will benefit everyone because once passed in California, it will be ready for all other states in the U.S. and in other countries as well.
Damon's Law will benefit everyone because child abuse affects society very negatively, economically and socially, not to mention the fact that sex offenders who are not prosecuted are being allowed around yours and everyone's children.
This is a grass roots effort that depends on people like you caring about protecting all of our children.
Pease donate whatever you can, even $5 or $10 to help us in this important cause!
Actual wording of Damon's Law:
All reports of suspected child sexual assault by a parent as defined by Penal Code 11165.1 shall be immediately submitted to law enforcement for investigation by a multidisciplinary team. All collateral investigations shall be stayed pending final determination of the criminal matter. A no-contact order shall issue upon filing and shall forbid all contact between the child and the accused parent pending final determination of the criminal matter.
All cases shall be submitted to the District Attorney. Priority shall be accorded the criminal matter in that the criminal case will proceed first and expeditiously and all related non-criminal matters shall be stayed pending final determination of the criminal matter. If the criminal matter proceeds to trial, whether by judge or jury, the fact-finder shall first determine whether the charges have been proved beyond a reasonable doubt. If a determination is made that none of the charges have been so proved, there shall be no criminal conviction.
The fact-finder shall additionally make a civil finding as to whether the charges have been proved by a preponderance of the evidence. If the charges are proved either beyond a reasonable doubt or by a preponderance of the evidence, a long-term no-contact order shall issue forbidding all contact between the child and the offending parent until the child reaches majority. A minimum condition for a plea deal is a no contact order issued until the age of majority.
This order shall not be modified by any other court in any related or collateral legal proceeding.
[Wendy Murphy, J.D., former sex crimes prosecutor, CNN/Fox legal analyst and law professor helped Safe Kids International draft this legislation]
Commentary:
Child sexual assault is clearly a crime, but it is difficult to prosecute because the burden of proof is high and there is rarely substantial physical evidence, so cases get shunted into family courts where judges disregard the evidence and give custody to the abuser.
The solution Damon's Law provides is to give the jury the option of the civil burden of proof so that it is still handled like a crime (with proper police investigations and criminal adjudications), but if the evidence does not meet the criminal burden, the jury can decide by preponderance.
If only preponderance of evidence is reached, the perpetrator will not be convicted or jailed, but the child will still be protected. This will save years (sometimes entire childhoods) of hearings in family courts.
The other serious problem Damon's Law will solve is that the parent (usually the mother) who reports abuse is losing custody due to being wrongly found to be lying, alienating or mentally ill. These parents end up bankrupted and traumatized after dealing with the biased family court system.
Child sexual assault must be heard in criminal court.
Join the event on Safe Kids International:
https://www.facebook.com/events/781465708599780/
Exceptional situations require exceptional solutions and Damon's Law provides the perfect solution to the problem of sexual abuse victims in the family not having a system in place which protects them.
Parental sexual abuse cases are usually diverted into Family Court, where children are being placed into the custody of the perpetrator due to substandard and biased investigations and adjudications.
Damon's Law will get cases out of family and juvenile courts and into criminal courts where they belong!
Damon's Law is being introduced in California where Damon's case took place. However, it will benefit everyone because once passed in California, it will be ready for all other states in the U.S. and in other countries as well.
Damon's Law will benefit everyone because child abuse affects society very negatively, economically and socially, not to mention the fact that sex offenders who are not prosecuted are being allowed around yours and everyone's children.
This is a grass roots effort that depends on people like you caring about protecting all of our children.
Pease donate whatever you can, even $5 or $10 to help us in this important cause!
Actual wording of Damon's Law:
All reports of suspected child sexual assault by a parent as defined by Penal Code 11165.1 shall be immediately submitted to law enforcement for investigation by a multidisciplinary team. All collateral investigations shall be stayed pending final determination of the criminal matter. A no-contact order shall issue upon filing and shall forbid all contact between the child and the accused parent pending final determination of the criminal matter.
All cases shall be submitted to the District Attorney. Priority shall be accorded the criminal matter in that the criminal case will proceed first and expeditiously and all related non-criminal matters shall be stayed pending final determination of the criminal matter. If the criminal matter proceeds to trial, whether by judge or jury, the fact-finder shall first determine whether the charges have been proved beyond a reasonable doubt. If a determination is made that none of the charges have been so proved, there shall be no criminal conviction.
The fact-finder shall additionally make a civil finding as to whether the charges have been proved by a preponderance of the evidence. If the charges are proved either beyond a reasonable doubt or by a preponderance of the evidence, a long-term no-contact order shall issue forbidding all contact between the child and the offending parent until the child reaches majority. A minimum condition for a plea deal is a no contact order issued until the age of majority.
This order shall not be modified by any other court in any related or collateral legal proceeding.
[Wendy Murphy, J.D., former sex crimes prosecutor, CNN/Fox legal analyst and law professor helped Safe Kids International draft this legislation]
Commentary:
Child sexual assault is clearly a crime, but it is difficult to prosecute because the burden of proof is high and there is rarely substantial physical evidence, so cases get shunted into family courts where judges disregard the evidence and give custody to the abuser.
The solution Damon's Law provides is to give the jury the option of the civil burden of proof so that it is still handled like a crime (with proper police investigations and criminal adjudications), but if the evidence does not meet the criminal burden, the jury can decide by preponderance.
If only preponderance of evidence is reached, the perpetrator will not be convicted or jailed, but the child will still be protected. This will save years (sometimes entire childhoods) of hearings in family courts.
The other serious problem Damon's Law will solve is that the parent (usually the mother) who reports abuse is losing custody due to being wrongly found to be lying, alienating or mentally ill. These parents end up bankrupted and traumatized after dealing with the biased family court system.
Child sexual assault must be heard in criminal court.
Organizer
Cindy Dumas
Organizer
Poway, CA
