USA federal law permits prosecution of sexual abuse at any time during the life of the child victim.

by Sol Reform 7 Replies latest watchtower child-abuse

  • Sol Reform
    Sol Reform

    http://www.sfgate.com/news/crime/article/Ohio-priest-faces-trial-in-sex-abuse-case-4817301.php Ohio priest faces trial in sex abuse case Updated 12:05 am, Monday, September 16, 2013

    CINCINNATI (AP) — Ohio priest accused of takng a 10-year-old boy to West Virginia for sex more than two decades ago faces federal trial in Cincinnati.

    Robert Poandl (POHN'-duhl) of the Cincinnati-based Glenmary Home Missioners has pleaded not guilty. His trial was scheduled to begin Monday, after U.S. District Judge Michael Barrett rejected a defense motion to dismiss the case on statute of limitations grounds. The charges were filed 21 years after the alleged abuse while the two visited a church in Spencer, West Va., in 1991.

    The judge found that the prosecution has clearly alleged an offense involving sexual abuse of a child under age 18, under federal law permitting prosecution of sexual abuse at any time during the life of the child victim.

  • prologos
    prologos

    He crossed the line even before he took the child across the state line.

  • Band on the Run
    Band on the Run

    You should have a direct citation to the code or appellate court holding that no statute of limitations exist.Quoting a trial judge is not the way to establish it. I don't know the law. There must be a better citation within the case.

  • Sol Reform
    Sol Reform

    update on non-jw case

    http://www.newsnet5.com/dpp/news/state/rev-robert-poandl-ohio-priest-found-guilty-in-child-sexual-abuse-case

    Rev. Robert Poandl: Ohio priest found guilty in child sexual abuse case Rev. Robert Poandl Copyright 2013 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Regular Photo Size advertisement ShareThis Posted: 3:57 PM Last Updated: 1 hour and 23 minutes ago By: Greg Noble, WCPO.com By: Anna Langlinai, WCPO.com CINCINNATI - A Catholic priest accused of molesting a 10-year-old boy 22 years ago showed no emotion when he was found guilty of sex charges in federal court Friday. Rev. Robert Poandl, of Fairfield-based Glenmary Home Missioners, was convicted of one count of transportation of a minor across state lines for illicit purposes. Poandl, 72, faces up to 10 years in prison at sentencing. When his verdict was read, Poandl's face didn't move. Around him, there were tears and bursts of emotion. Behind him, a man shouted, "Thank God." No bond was set on Poandl. He was ordered to have no contact with minors and a judge said he will be fitted with a global tracking device. A victims’ advocate group, SNAP, the Survivors Network of those Abused by Priests, applauded the verdict. “We are grateful that Fr. Robert Poandl has been found guilty ... However, we are worried that he may receive such a light sentence,” said SNAP director David Clohessy. “We are especially grateful to this brave victim and his family ... Because of their compassion and determination, this dangerous predator will always be publicly known as a child molester. “We hope Fr. Poandl will be spending a long time behind bars away from innocent children.” Judy Jones of SNAP, who attended the trial all week to show support for the victim and his family, said she was "relieved." "We hope that anyone else has been hurt by Bob, to please report it. He can still be punished," Jones said. [NOTE: Graphic details were discussed during testimony that may be difficult to read or considered inappropriate] The jury of eight women and four men had the task of weighing the accuser’s startling testimony against the defense’s claim that the former drug user made it all up. The accuser, now 32, testified that Poandl sodomized him in a West Virginia church rectory in 1991. The man said he suffered nightmares after the attack, experimented with LSD and cocaine, got hooked on Oxycodone and plotted to kill the priest and commit suicide. The accuser testified that Poandl “screwed up my life by raping me.” "I wanted to go and kill him, punish him for what he's done," the accuser said. During closing arguments, the U.S. attorney said Poandl groomed his victim's family by giving them money and earning their trust with the intent to molest the boy. The defense argued that the trip to West Virginia never happened, attacking the accuser's drug use and credibility. Federal prosecutors charged Poandl after a West Virginia state court dismissed sex and assault charges against him in 2010. Outside the courtroom Thursday, Poandl’s brothers, David and Edward, said they believed in Robert’s innocence and they were standing by him during these "dark times." The accuser said Poandl attacked him after he fell asleep on an overnight trip with the priest to Holy Redeemer Church. "I awoke and he was sodomizing me. I cried out, ‘What are you doing to me?’" the accuser said. "He replied, 'We're having sex.'" When they retired for the night, the accuser and Poandl took separate beds in a rectory bedroom, he said. He testified that he woke up a first time and Poandl was fondling him. “He had his hand in my pants fondling my genitals," the accuser said. He said he asked Poandl what he was doing and Poandl said was checking to see if he was wearing underwear. The accuser testified that Poandl went back to his bed, but he awoke again to find Poandl sodomizing him. Prosecution: “Was your underwear off?” Accuser: “Yes.” Prosecution: "Were you on your stomach or your back?” Accuser: “Stomach.” The prosecution asked what the accuser did then. "I just sat there and got raped," he said. Prosecution: "Did he finish?" Accuser: “Yes.” Afterward, the accuser said, Poandl stood up, held out his hands and repeated, "I did a bad thing." “You sinned and I sinned. We need to pray,” Poandl said, according to his accuser. And they both prayed, the accuser said. Poandl also told him “this was between you and me and god and that's all that needs to know,” the accuser said. When the accuser’s mother testified Tuesday, she said she pleaded with her son to go on the overnight trip with Poandl after Poandl had given their struggling family $800 a week earlier. The woman testified that her son at first refused to go, but she persisted. "Father Bob has been so good to us,” she recalled telling her son. The accuser recounted that Wednesday. He said he remembered that it was the “summer before fifth grade.” Read more: http://www.newsnet5.com/dpp/news/state/rev-robert-poandl-ohio-priest-found-guilty-in-child-sexual-abuse-case#ixzz2fTFbxXbm http://www.snapnetwork.org/the_real_victory_came_long_before_the_guilty_verdict?recruiter_id=21019 The real victory came long before the guilty verdict Posted by David Clohessy 333.29pc on September 20, 2013 · Flag Today, an Ohio jury found Fr. Robert Poandl guilty of molesting a boy years ago. http://news.cincinnati.com/article/20130920/NEWS/309200128/Priest-found-guilty-taking-boy-illicit-purposes But in the most crucial sense, this brave victim and his family won long before today. The son won when he found the strength to tell his parents. His parents won the minute they believed their son. The family won when they decided to contact the police. They won again when police believed them. They won again when prosecutors believed them. They won again when criminal charges were filed in West Virginia. They won again when Fr. Poandl was taken off the job. They won again when criminal charges were re-filed in Ohio. They won again when news media (time and time again) put Fr. Poandl’s name out there as a credibly accused child molester, warning families about him and making it impossible for Catholic officials to put him back on the job. Church officials transferred Fr. Poandl roughly 30 times in 44 years (sometimes to the same location twice) in Ohio, Texas, Georgia, Mississippi, Kentucky, Oklahoma, Louisiana and Pennsylvania. http://www.bishopaccountability.org/assign/Poandl_Robert_F_ghm.htm Dozens and dozens of Catholic officials, in virtually every one of these places, have done nothing to warn parents, parishioners and the public about Fr. Poandl. In contrast, this courageous family has done everything responsible adults should do when they know about a predator. We are so, so proud of them! We have a simple message to every current and former Catholic church employee and member: It’s never too late to share what you know or suspect with law enforcement officials. It’s up to us to pass on information. And it’s up to police and prosecutors to determine what will help them further prosecute or imprison a criminal. http://www.bishopaccountability.org/assign/Poandl_Robert_F_ghm.htm We are worried that Fr. Poandl may receive a light sentence and spend little or no time behind bars. It’s crucial that the justice system has accurate information about Fr. Poandl and his crimes so that he can be appropriately sentenced. So it’s important for every single person who saw, suspected or suffered his crimes should now come forward to prosecutors. And while we await his sentencing, let’s send our best wishes and deep gratitude to the brave family who has made sure that another child molesting cleric has been exposed and kept away from kids.

  • Band on the Run
    Band on the Run

    Interesting. I would still not rely on the fact that no federal statute of limitations ever applies to childhood victims of sexual abuse without an express statement in a Supreme Court decision or a statutory citation that expressly states so. Statutes of limitations can be complex.

    I am not stating that you are wrong. Merely, there needs to be a much better proof for the assertion. This is one of the reasons I am torn about the casual reportiing of legal information. I made tons of mistakes in my college and pre=law school days. Items viewed in isolation can be confusing. Sometimes a right is stated but the appellate cases construing it are all over the place. On the other hand, this is important information for people to understand.

    The law regarding sexual abuse of minors is changing rapidly. There is now some recognition that children seldom lie. Burdens of proof are easier. Judges and juries now believe children more than authority. Nevertheless, traditional notions of fairness and criminal procedure will stll remain.

    I see good and bad reasons for eliminating the statute of limitations. Small children may be too afraid to come forward. More life allows children victims to put events in context. On the other hand, the traditional reasons for statutes of limitations are good. They are freshness of evidence (a judge or jury can evaluate how much the passage of time may taint present testimony, however) and the need to put a time frame on the possibility of a law suit.

    Law reviews are crammed with these debates. I merely state that a stronger proof should be referenced. Time precludes me from reading this case. There should be a reference within the case itself. No lengthy research is needed.

  • Band on the Run
    Band on the Run

    I did some limited research. First, state and local jurisdictions prosecute child sex abuse. Examples of federal prosecution will rarely happen b/c of jurisdiction problems. Examples given for federal prosecution include cases where the incident happened solely on federal land. The portions I was able to skim quickly state that a child is presumed competent, which is a huge difference. When court martials are involved, the S.L appears to be within the lifetime of the child or five years thereafter, whichever is longer.

    The provisions are not simple. Much discretion is still vested in the trial judge. Children were presumed to be incompetent to testify at common law. There are many provisions concerning the type of testimony allowed. Sadly, a child may still have to view the defendant. These cases do not present a cake walk for the child and family members. Many children will be traumatized. The law has improved greatly. I suppose the individual child and circumstances matter greatly,

  • Sol Reform
    Sol Reform

    'Pissed Mom' shares frustration of pedophile plagued church; 'I have been to hell and back'; Judy Jones - a relentless supporter of child abuse victims.

    http://www.local12.com/news/features/top-stories/stories/priest-convicted-child-sex-abuse-charges-2967.shtml Priest Convicted of Child Sex Abuse Charges Updated: Friday, September 20 2013, 11:23 PM EDTCINCINNATI (Adam Clements) -- "I can honestly say I have been to hell and back in these last four and a half years." They’re the words of a mother, relieved after hearing one word – Guilty. A jury found Father Robert Poandl guilty of federal sex abuse charges. His victim says the priest took him to visit a church in West Virginia in 1991, and molested him.At the time, the victim was just ten years old. "He has dealt with this for 22 years, until he could finally see justice.” says the victim’s mother. The victim's parents are happy with the legal system, but still disappointed in the church. "In the case of our son,” says the victim’s father, “none of them contacted him. One priest contacted us privately, and that was it. That's all the help we got from the church." The victim’s mother applauds her son’s strength and courage, saying, "I think my son is alive today, because he came forward. If there is anyone out there who has been abused by a priest, or a victim of sexual abuse as a child, by god, tell someone and come forward. "Priest Convicted of Child Sex Abuse Charges Read More at:

  • Sol Reform
    Sol Reform

    "Poandl is a Monster"

    http://www.wsav.com/story/23549392/father-of-priest-abuse-victim-speaks-out Father of Priest Abuse Victim Speaks Out Posted: Sep 27, 2013 12:58 PM Updated: Sep 27, 2013 12:58 PM By Andrew Davis, Anchor/Reporter - email Fr. Robert Poandl was convicted of transportation of a minor across state lines for illicit purposes. Fr Robert Poandl worked at 7 different GA churches, including Pembroke, Sandhill, Claxton It's the unthinkable for any parent, their child molested, abused by someone they trusted. It happened to a Cincinnati man who's son was touched inappropriately by a priest. That priest, Father Robert Poandl, used to work in Pembroke, Sandhill, and Claxton. Last week Poandl was convicted by a Ohio jury. That victim's father spoke exclusively to News 3 about the crime, which he claims started with a connection to the group Worldwide Marriage Encounter. The father says Poandl asked to take their son alone with him on a trip from Cincinnati to West Virginia so he could help him "stay awake". That one on one encounter ended with the boy molested and Poandl eventually facing charges. "Poandl is a Monster. I don't know how else you can describe someone who would betray the trust of people who thought they knew and deeply cared for him." "Right after the incident (with my son) happened he pulled him onto the floor, made him kneel and told him to pray for forgiveness for his sins." "Your belief is there are definitely more victims?" "I think there are probably tens if not 100's. He's been doing this for 40 years." "All of his victims have been Worldwide Marriage Encounter family children We would like to get the word out to them." "Parents, if you had kids who were in contact with Poandl, especially if he took them anywhere, which is his history. It was always busy with children. In the past we thought that was admirable. Today we find that chilling." "What was your feeling when the verdict was read?" "Relief. Just relief knowing he was finally going to be off the streets. I felt a certain amount of joy that my son would have the chance for some peace in his life and deep sadness that so many children have been exposed to it." "The victims cannot get the power and the healing back in their lives until they confront the issue. They don't have to go through a trial, but at least let somebody know what happened. Let the healing start at that point." Poandl will be sentenced in the next few months. He could face up to 10 years in prison. The victim in this case says he will not be filing a civil suit -- and he does not want any money from the church or poandl. In fact, he is now engaged to be married, starting a new life. If you or someone you know thinks you may have been abused by a member of the clergy, you can call SNAP, the Survivors Network of those Abused by Priests -- at 1-877-SNAP-HEALS. In the Coastal Empire, any possible abuse victim can call the Coastal Child Advocacy Center at 912-236-1401.

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