Tuesday, March 08, 2022

Ky is “the very worst” state for child abuse. These new laws could help us improve.



Kathryn Robb, Sen. Morgan McGarvey and Rep. Lisa Wilner
Thu, March 3, 2022

The very worst.

That’s where the U.S. Department of Health and Human Services Children’s Bureau places Kentucky in the national statistics for child abuse. And it is not the first time Kentucky has received this shameful distinction. The National Child Abuse and Neglect Data System (NCANDS) collects and analyzes data voluntarily submitted by all 50 states, D.C., and Puerto Rico. Unfortunately, the Bluegrass State sits at the bottom of the class in child protection, with alarming numbers of reported child neglect, physical and sexual abuse.

It’s simply not acceptable for Kentucky to be the most dangerous place in the country to be a kid.


The data paints a disturbing picture for Kentucky’s children. According to the U.S. Department of Health & Human Services Children’s Bureau “Child Maltreatment 2019” report, Kentucky has the country’s highest level of child abuse. Kentucky is simply the worst and has stayed at the bottom of the rankings for three consecutive years.

And when it comes to exposing hidden child sexual predators and protecting institutions that fail children, Kentucky finds itself sadly at the bottom of that barrel, as well. No Ph.D. in statistical analysis is needed to understand the direct link between Kentucky’s archaic laws that protect predators and other bad actors and its alarmingly high rate of child abuse. Most states are responding to this epidemic of child sexual abuse by reforming their restrictive statutes of limitations that allow predators to slip through the cracks of our justice system where they hide in our most trusted institutions. About 90% of child sexual abuse is perpetrated by someone the child knows and once trusted – family, teachers, doctors, coaches, and clergy.

Since 2002, 27 states have reformed their statutes of limitations (SOLs) for child sexual abuse, 17 states have enacted revival legislation, and three jurisdictions have passed zero tolerance bills with elimination and permanent window. This year 26 states and the Federal government have introduced SOL reform legislation for child sex abuse, including 8 to eliminate criminal SOLs, 17 to eliminate civil SOLs, and 16 with revival or windows bills. Revival and window legislation opens the door to justice and returns the stolen voice of the child to victims. Once silenced by the enormous trauma inflicted upon them as children, they are given an opportunity to speak and identify their perpetrator. In doing so, they make the world safer for today’s children by exposing hidden predators and other bad actors.

These SOL reform bills serve children and the common good of the people of the Commonwealth of Kentucky. Three sound public policies are served:

1) Identifying hidden child predators and institutions that fail children.

2) Shifting the enormous cost of abuse from the victims and Kentucky taxpayers.

3) Educating the public about the prevalence of child sexual abuse.

Many well-intentioned people will argue “it’s not fair,” claiming we don’t do this for other civil wrongs. That may be true. However, these are not like other civil wrongs. These are not “slip and fall”, trespass, or dog bite cases. These cases involve the rape, sodomy, and sexual assault of innocent children and therefore warrant a very different legal and policy response.

There is an ever-growing national movement to protect children and honor justice for survivors. Like other legislators and advocates across the country, we understand the profound impacts of child sexual abuse. Through the brave voices of survivors and evidenced based research, we understand that perpetrators silence victims through fear, shame, manipulation, and threats, and the science that tells us that delayed disclosure is the norm. Based on that knowledge, lawmakers are making prudent changes to their laws and policies – by shifting legal protection from perpetrators to children, no longer giving perpetrators protection for the very silence they cause in their victims.

Presently, lawmakers in Kentucky have an opportunity to change this disturbing failing grade by passing SB 153 and HB 464, both of which would eliminate the civil SOL for child sexual assault and abuse. Abuse will decline when we change our laws to protect our children, not those who harm children, silence victims, and continue their institutional cover-up.

Let’s pass these bills to protect our kids, and so that Kentucky will no longer be the very worst.

Kathryn Robb is Executive Director of CHILD USAdvocacy. Morgan McGarvey is a Democrat from Louisville and Senate Minority Leader. Lisa Wilner represents House District 35 and is a licensed psychologist.

No comments:

Post a Comment