12 Essays in Celebration of Victory...
You're not likely to see it on the evening news. It might not even make it into your daily paper. Nevertheless, the passage of the California Circle of Trust bill is a landmark event, potentially affecting far more children, all across America, than the headline-grabbing laws named after murdered children so popular in the news these days.
The Circle of Trust campaign brought together what Senator Jim Battin
calls, “a vast coalition of support… the largest and most diverse that
I have seen in my eleven years in the Legislature.” This coalition was
fighting for a fundamental shift in the way the largest state in the
union responds to the sexual abuse of children. It was a shift that
would begin the dismantling of a paradigm (or prevailing philosophy)
that California established in 1981.
The venomous California paradigm is two-headed. The sexual abuse of
children by adults should not be treated as a criminal matter as long
as it is kept in the family, says one tongue. Far better to reunite the
family, says the other.
The laws that Senate Bill 33 tore down had a devastating impact on tens
of thousands of California children. Despite mandatory prison sentences
on the books for sexual assault against a child, these penalties could
be ignored as long as the perpetrator was any adult living under the
same roof as his victim. Thus, a man convicted of continuously raping a
child under the age of 14 could get probation, simply because the
victim was “his own” child or the child of his spouse or girlfriend.
Yet, freeing known predatory pedophiles was only the beginning.
Criminals convicted in California of sexually assaulting children in
the home were not just uniquely eligible for probation, there were
conditions attached. In order to qualify for probation, perpetrators
had to enter a “recognized” sex offender treatment program. And there
was only one type of program recognized by the State of California:
family therapy. The clear legislative and practical intent of these
laws was to create strong incentives for victims to attend "therapy"
with their abusers and return home.
If this philosophy sounds alien, it shouldn't. Given the respectability
of law, California's paradigm of decriminalizing incest and encouraging
family reunification spread across America, reinforcing the policies
and attitudes that were already to be found everywhere: that children
are property; that sexually molesting them is “sick,” not criminal; and
that both parents have a right to their children, no matter how heinous
their behavior.
The devastating effects of this philosophy are found everywhere. They
can be seen when prosecutors slough off child abuse cases to family
court or social services… when social workers or therapists attempt to
reunify children with their molesters… when officers of the court
insist that “the best parent is both parents,” even when one of them is
a predatory pedophile. It is also bearing fruit when family members—who
should rally around the child victim and protect her—rally around the
perpetrator instead.
The passage of the Circle of Trust bill will not topple the powerful
paradigm of decriminalization and family reunifcation. That cannot be
done through legislation alone. But it does represent landmark reform
and the most important legislative changes possible along the way to
shifting American law away from a paradigm of official tolerance for
sexual exploitation of children and towards full civil rights for every
child. The Circle of Trust bill struck down these laws in the state
where they first took hold: California. We are dedicated to ensuring
that the shockwaves will be felt nationwide.
The essays here reflect on that victory, with pride, hope, rage,
insight and even a little gloating. You will hear voices from across
the political spectrum. We hope that there is something here that will
help you—help all of us—continue this lifelong struggle to protect
every child.
Please bear with us... Circle of Trust Essays moving here from our old site any day now!
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