Testimony in Opposition to SB 568/HB 787,
Crimes--Child Abuse and Neglect--Failure to Report
March
27, 2019
My name is Teresa
Lancaster. I am an attorney and a survivor who was featured in the
Emmy-nominated documentary, The
Keepers, currently on Netflix. I am
also an activist and advocate for victims of sexual abuse.
I strongly oppose
this bill. The proposed "actual knowledge" standard is so
high that had it been in place during the Maskell scandal, no one
could have been subject to prosecution for failing to report, had
they suspected or even known about the terrible crimes that had
occurred at Archbishop Keough High School when Maskell was there.
Moreover, in accordance with the "actual knowledge"
language, they would have been required to have seen for themselves
the multiple rapes and the horrendous sexual abuse that took place in
his office and failed to notify authorities before any prosecution
could even be considered. It is clear in the child abuse literature
that sexual abuse is not perpetrated in public. Consequently, I
respectfully cannot understand, after all the scandals that have come
to light, how supporters of this bill could claim that it would
encourage reporting child abuse.
SB 568/HB 787 has
been amended to make it worse. All this change would do is to undermine
reporting based on suspected child abuse, which is the current
standard in civil law. Legislators should ask themselves why no
other state has such a standard in its reporting law.
I must emphasize
that the part of the bill I find most offensive is Subsection C,
because it undercuts an Attorney General opinion, 78 Md. Op. Atty.
Gen. 189 [Dec.3, 1993]. This opinion finally required that the
Archdiocese report to the authorities in my case, as well as the
notorious Merzbacher case. Section C is a slap in the face to all the
survivors of both of these scandals. Should this bill pass,
legislators would be putting their stamp of approval on a dangerous
excuse for failing to report. They would be undermining current law,
which has protected children for 26 years. This would be an
inexcusable, backward step.
Committee members
must therefore, for the reasons above, look to their consciences and
reject SB568/HB787.
No comments:
Post a Comment
If your comment does not appear in 24 hours, please send your comment directly to our e-mail address:
parentscoalitionmc AT outlook.com