CDR: Californians Must Report
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Wed Sep 20 13:53:27 PDT 2000
Californians Must Report
Attacks on Children
New Law Inspired by Killing in Casino Restroom
Sept. 19, 2000
By Randy Dotinga
SACRAMENTO, Calif. (APBnews.com) -- Being a good Samaritan
isnt voluntary anymore in the Golden State.
A new law requires Californians to seek help if they see a young
child being sexually attacked. If they dont, they risk spending time in
jail themselves.
The law, signed by Gov. Gray Davis during the weekend, was
inspired by the 1997 killing of 7-year-old Sherrice Iverson in the
restroom of a Nevada casino. David Cash, the best friend of killer
Jeremy Strohmeyer, allegedly watched the assault but did not bother
to contact police or help the victim.
Cashs inaction and cavalier attitude about it sparked an outcry at
the University of California at Berkeley, where he attended school.
He was dubbed the "bad Samaritan."
Do the right thing
Assemblyman Tom Torlakson, a Democrat who represents a Bay
Area district, heard about the Iversons death and wanted to find a
way to prevent future incidents, said spokesman Robert Oakes.
"He was struck personally not only by the tragedy but that the person
who knew about it didnt say anything," Oakes said. "Thats just
wrong."
The law is an attempt to "encourage people to do the right thing," he
said.
Jail, fine possible
Under the law, citizens must notify police if they witness a violent or
sexual assault on a child under 14. Anyone who fails to do so faces a
misdemeanor charge punishable by a maximum of six months in a
county jail and a $1,500 fine.
Witnesses do not have to report a crime if they feel they are
themselves in danger.
California already has a law that requires teachers, health-care
providers, members of the clergy and others to report suspected
child abuse.
Opposition from defense attorneys
According to Torlaksons office, the law was modeled after a similar
statute in the state of Washington, which was enacted after a group
of friends ignored the plight of a 21-year-old man who drowned in a
drainage ditch after he was beaten.
The new California law did encounter some opposition. Defense
attorneys opposed it. So did an association of prosecutors who
worried it might prevent some witnesses from testifying for fear that
they may be prosecuted, Oakes said.
The American Civil Liberties Union was worried about the bills scope
at first but is happy with the final version, said ACLU state legislative
director Francisco Lobaco.
When they draft such bills, legislators need to make sure they do not
target "people who happen to be in the wrong place at the wrong
time," Lobaco said. "There should always be a sensitivity to making
things criminal when there is no wrongful intent."
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