The 2019 report will be released December 2018. After a thorough review of the 50 U.S. state codes and the D.C. code, a gap which allows perpetrators of child torture to escape justice is evident in many jurisdictions. Federal torture law only prohibits government actors from torturing individuals. Only Michigan and California have torture laws prohibiting private citizens from torturing both children and adults. The majority of states have a child torture statute within their criminal codes. The 2019 report will spotlight the states that do not have a child torture statute, and the injustice that results for children due to this gap in the the criminal code.
The chapter details how the U.S. Supreme Court Case of Ohio v. Clark could swing the pendulum back towards justice for victims of childhood sexual abuse by allowing into evidence forensic interview tapes even when a child is unable to testify.
“In the least, Ohio v. Clark overrules the reasoning in Bordeaux and the similar line of cases where the statements of a very young child was found to have been testimonial statements. Although the U.S. Supreme Court has yet to address the question of whether statements made by young children during forensic interviews are testimonial, the reasoning in Clark was similar to Arroyo and suggests such statements may be nontestimonial.”