Oh, get it.
Do you really like it?
It's beautiful, look at the details.
Isn't the heart of a little cutesy?
No honey, it's romantic.
It's delicate, it's feminine.
Alright. Alright, I'll get it.
I'm gonna take this one.
- Is that $20 even?
- Yes, it is.
- OK. Here you go. Thank you.
- Thank you.
All right. Turn around.
- Why?
- Turn around.
Oh, Shari, no, you don't have
to do this.
You love it, I love you, it's yours.
Sweetie.
Well, in that case
I have to get you something.
Oh great, and I know exactly
what I want.
A flannel nightgown.
You're not serious.
I know it's not sexy, but it's practical.
There is not heat in the bedroom, it's freezing.
Yes, come on.
Hey, don't tell me it's pilot error
when the landed gear disintegrated.
George, George,
if you want me to start an investigation
of your safety and maintenance records,
you just keep pushing.
This was a perfectly healthy 20 year
old boy with his all life ahead of him
so I suggest you settle it now.
What?
Drop dead, George.
Listen,
why don't you just take it easy,
leave everything to me.
Please, if you need anything,
don't hesitate to call me.
We really appreciate
what you're doing Miss Karney.
I soon as I hear anything,
I let you know.
Shari?
- Hi. You must be Rose?
- Yes.
Thank you for seeing me
on such short notice.
But I'm still not sure what it is
about, I know you're a social worker.
One of your divorced clients,
Janet...
They don't know about that here,
it's kind of a moonlighting thing.
Actually, I'm thinking of leaving
aviation law but not till I'm ready.
So is this about the divorce?
Please, sit down.
No, it's a custody case, the mother is
suing for sole custody of her daughter.
- And the mother's name is?
- Darlene Holland
What are the grounds?
We believe the father
is molesting the child.
I'm sorry, but I can't help you.
Shari, Janet tells me that
you have been active in women issues
you've worked for legal clinics
and rape hotlines.
I'm the wrong attorney, Rose.
I don't know anything
about child molest cases
and to be perfectly honest,
I don't want to.
I don't know where to turn.
I've been to three attorneys,
you're all the same,
the moment I mention sexual abuse,
you all turn off.
What is it with you, people?
This little girl is three years old.
We believe her father is having sex
with her since she is one and a half
- That's true, that's horrible.
- Yes.
So, why won't you do something
to stop it?
I'm sorry, but there is nothing
I can do.
But why don't you try calling the county
bar, they do a lot of referrals.
I'm sure that they can help you.
Yeah.
Thank you.
Good luck.
Yeah.
Hello sweetheart.
Look at her. Isn't she gorgeous?
- Happy anniversary, Daddy.
- And how is the Yale man?
Pretty good, Jack, happy anniversary.
It's about time you showed up.
Sorry, we're late, we had to stop at Mark's
parents and then we got stuck on traffic.
What traffic? It's Sunday.
Hello, handsome.
Happy anniversary Vivian.
Believe it or not,
people do drive on weekends.
I bet you're not late
when you have to be at court.
Don't pay attention to her,
she'll never change, so...
the food's in there
and the drinks are over here
What can I get you Mark?
Soda, beer, wine?
Beer is good.
- Daddy, where is Linda?
- I think I saw her in the kitchen.
I'll be back in a minute.
Mark, I want you to meet
a friend of mine, he's building a house
- and I told him he were an architect.
- Sounds great.
Just set the whole thing on fire
and forget about it.
- Hi, baby.
- Nice to see you.
You look beautiful,
I love these earrings
You look terrible.
Thank you.
What's the matter?
Aren't you sleeping again?
I'm sleeping.
Put these on.
- No.
- Oh, come on, it's a party.
- A little lipstick, a little blush.
- No.
- Just this once.
- No.
- The palest pink.
- No.
Where the hell is the cake?
Happy anniversary.
Just give me a minute, OK?
Another anxiety attack?
Yes.
It's over now.
You're so good.
I don't know how you put up with me.
Shouldn't we be worried about this?
No, no, it's just stress.
Yes, but it's been going on
for a long time.
I can't help it.
You know things affect me, you know.
A girl came into the office today,
her entire family was killed
- in a plane crash...
- I know, baby, I know,
but you should talk
to somebody about this.
I'm talking to you.
Morning.
- Good morning too Isa.
- Good morning.
- Miss Karney?
- Yes.
I'm Darlene Holland.
Rose Beckman talked to you
about my custody case.
Yes, she did, and I told her
that I couldn't take it.
Miss Karney, we're really desperate.
We can't find anyone
who will handle this case.
Is there anything we can do
to change your mind?
Who are you?
I'm Artie Reburn. I live with Darlene,
Christie is like my own daughter.
Darlene still doesn't want
to believe it,
but I'm telling you something
really sick is going on.
Where is the child now?
Mac Laren Hall.
Mac Laren Hall, why?
Because after Darlene accused
her ex-husband of molesting Christie,
he turned around and accused us
of the same thing.
Next thing you know, there's an investigation,
the court took her away from everybody.
And she's all alone in there.
Please, Miss Karney, I haven't seen
my baby in two weeks.
Alright, I'll read the file.
Thank you so much.
Yes, Miss Karney, you don't know
what it means to us.
I didn't say yes,
I said I'll read the file.
What are you doing?
Want to hear something?
This is a regular church going guy,
middle-class, educated,
he even coaches Little League.
It's 3 o'clock in the morning.
I'm almost done.
Mark,
This child is performing sex on her dolls,
that is a classic sign of sexual abuse
You don't need that Shari.
We don't need this.
All right.
Let's go to bed.
Call me when you've finished.
It's Christie.
Hi there.
My name is Shari.
Can you tell me your name?
I think, I'd like to hold you.
Can I do that,
will you let me hold you?
It's gonna be OK.
Everything's gonna be OK.
Your Honour,
a 3 year old child has not learned
to perform sex acts from story books.
She does not learn to identify the male
sex organ from watching television.
The only way Christie Holland
could become familiar with
anal and oral sex is from experience.
For the past 12 months, she's spent every other
week-end with her father, Darryl Holland.
Medical testimony will reveal
that Christie has vaginal and anal
scarring that are almost a year old.
She bleeds, she has rashes and pain
when urinating.
Your Honour,
Darryl Holland is committing incest
with his daughter.
It's up to this court to protect Christie
from the likes of Darryl Holland
by removing her from his custody
and barring him from having any
further unsupervised contact with her.
Your Honour, it's a well known fact
that in many cases of divorce
one party will often use the children
as a tool to strike back against the other.
How many times have we heard
that classic story of the
embittered wife who brain washes
her children into making
ugly, baseless accusations
against their father.
Two years ago, Darlene and Darryl Holland
went through an acrimonious divorce
from which Darlene still harbours
a great deal of anger and resentment.
This entire case is nothing
but a vendetta.
It's a smear campaign against a loving,
caring father by his vindictive ex-wife.
And you had no idea that your husband
was sexually abusing your daughter?
No, it never crossed my mind.
Who would ever dream a grown man
would do something like that to a baby.
What changed your mind?
My boyfriend Artie.
He thought something was going on.
He wasn't the first to mention,
there was a boy friend before
who also thought something was wrong.
I got this book on incest, I read it,
I got really scared.
No further questions.
You mentioned another boyfriend,
Mrs. Holland, isn't it true that
you've lived with a series of
boy friends since your divorce?
Objection.
I merely try to establish the kind of
environment the child has been living in.
I allow the question.
I lived with two other men
before Artie.
Isn't it true that you once had sex
in a graveyard?
Objection.
And isn't it true that you stripped naked
and did a belly dance at your own wedding?
Objection, your Honour,
this is totally irrelevant.
Your Honour, the character
of the mother is key...
The character of the mother
is not on trial.
to understand where the child
obtained her sexual information.
I'll tell you where she got it,
from that pervert over there.
Objection.
Please. This is not a circus.
He's withdrawn, subject to temper
tantrums, nightmares and
preoccupation with sex.
The symptoms are of great concern,
they are completely inappropriate
for a child of this age.
Is someone typing?
Is something wrong, Counselor?
Your Honour, I hear typing sounds.
May we continue?
Yes, excuse me.
When you put
all these symptoms together
with the sexual acts Christie demonstrated
on the anatomically correct dolls
we get the profile of a child who's
been systematically sexually abused
Oh God, Shari, I'm bleeding.
Something is really wrong
with you. What is it?
Please, say something.
I'm sorry.
That's it?
Great.
For months you stay up all night,
and when I want to discuss something
important, you want to go to sleep?
I'm fine, everything
is under control.
Shari, I'm really worried about you.
I'm very tired. Please. Can we talk
about this after the trial?
OK.
You're OK?
Thank you Mr. Holland
that was very illuminating.
And what kind of work
do you do Mr. Holland?
Well, I was in electronics.
Does it mean you are currently
unemployed?
Yes, Ma'm, I suppose it does, but as
far as I know it's not a crime, is it?
You share joined physical and legal
custody of Christie, do you not?
Yes, Ma'm. I do.
And how often do you see
your daughter?
Every week-end.
Would you please tell the court how you
spend your time with her on those week-ends?
Let me see.
We go to the park.
Out to eat.
At church.
Every Sunday morning.
Where does she sleep
when she stays with you?
She has her own little bed
in the TV room.
Does she ever sleep
in your bed Mr. Holland?
Once in a while.
If there's been a thunderstorm or
she's had a bad dream, then she likes
to crawl in with her daddy.
Counselor, we're waiting.
And when she
crawls in with her daddy,
do you ever happen to touch her?
Of course. I hug her, I kiss her,
I hold her, I love her.
Did you ever touch her genitals?
Objection.
Overruled.
Answer the question, Mr. Holland.
What do you mean by touch?
Touch, touch, you know, feel with
your fingers, feel with anything else.
Touch.
Your Honour, she's harassing...
Excuse-me, but does anyone here
have a Webster's
dictionary so that this man can
look up what the word touch means.
Counselor, control yourself, I will not
tolerate this behaviour in my courtroom.
Did you ever touch, t-o-u-c-h
your daughter's genitals?
- In a way, but it's not what you think.
- Yes or no?
Yes.
And how many times
did you touch her genitals
Twenty times, two hundred times,
two thousand times?
I don't know, maybe twenty times.
Your Honour...
And would you please tell the court
for what possible reason you did that?
Get back Counselor! Step away
from the witness.
This is unacceptable.
Answer the question, please.
Cause she has all
these rashes and things.
Why did you touched
your daughter genitals?
To medicate her.
Medicate her?
Son of a bitch. Let me go.
That's it. Counselor, no one does that
in my court room, you're out of here.
Let me go.
How much is bail?
There is no bail for you,
you're on a two day hold.
What happened to you?
Let's go.
OK, you've got five minutes.
Shari, are you alright?
Rose, I'm sorry, I blew the case.
I'll never forgive myself.
You didn't blow anything,
We got a continuance.
I'll find you another attorney, don't
worry, everything will be straightened out.
We don't need another attorney,
when you left, Darlene stood up and told
the judge she wanted to wait for you.
What?
We thought you were great.
I don't know what transpired in there,
Miss Karney.
But that was the most shocking display
of unprofessionalism I've ever witnessed
on my 22 years on the bench.
Now, you have three choices.
One, you can go back to jail.
Two, I can start proceedings
to have you disbarred.
Or three,
I put you on probation
and you seek psychological help.
Since your client still wishes to
retain you, God only knows why,
if you can finish this case
with some modicum of decorum
then I will seal your record and
strike your contempt conviction.
I'll get help, your Honour.
So what do you think
these typing sounds mean?
I've no idea.
Take a guess.
Believe me I've tried, I wish I knew.
Tell me about these
anxiety attacks during sex,
what exactly do you feel?
I feel...
trapped.
Trapped, how?
Like I want to get away and I can't.
I feel totally helpless.
It's pretty terrifying.
Do you have any idea of what
you want to get away from?
Something disgusting.
Something...
sleazy and slimy and horrible.
What's your family like?
We're very close.
What's your father do?
He is a West Coast editor
of a trade magazine.
He worked at home, so my mother went back
to school, and she became social worker.
We always lived in nice houses,
we drove nice cars
We celebrated holidays together.
That sounds like a wonderful life.
It was.
But?
You know, I didn't always get along
with my mother.
What do you mean?
Well, she was pretty strict.
How so?
She had this philosophy,
about raising children,
you didn't spoil them, you had
to teach them responsibility
and if they misbehaved,
they had to be disciplined.
Give me an example.
Well, we had chores
that we had to do and
if we didn't do it the way
she likes she punishes us.
Physically?
Yes, sometimes.
What would she do?
She'd hit us, punch us.
Punch you?
Shake us, real hard,
plus a lot of yelling.
My Mom had a pretty bad temper.
If we didn't clean the kitchen,
the way she wanted us to,
she would go into a rage and
throw everything out of the pantry
onto the floor and
then wake my sister and I up at 3 o'clock
in the morning and make us clean it.
Where was your father
during all this?
He was there.
What would he do?
Nothing.
Usually, he just watched.
All rise, Judge George Norton
presiding.
Your Honour, I would like to recall
Daryl Holland to the witness stand.
So, according to you, all of
Christie's injuries were caused by
falling off of her bicycle,
is that correct?
Her pediatrician said the same thing.
He said it was possible.
And how do you explain
the redness and blisters?
I blamed her mother for that.
She buys all of Christie's underpants
too tight, they cut into her.
So, it's all because of her bike
and of her underpants?
And how do you account for the results
of the psychological evaluation?
My ex-wife lives
a very wild life style.
She put those warped ideas into
Christie's young and impressionable mind.
So she made it all up?
Ma'm, I took a lie detector test,
and I passed it with flying colours.
All the experts agree that
I don't fit the profile,
that it's impossible for someone
like me to be a...
I can't even say it.
Incest aggressor.
Your Honour,
I love my daughter, very much,
and these sick accusations
have destroyed my life
I've been shamed
in front of my family
and friends, I can't get work,
cause no one would hire me.
I swear to you
under oath and before God
that I have never, ever,
sexually abused anybody in my life.
No more questions.
He was just sitting there,
like a little lamb.
The man was terrified, can you
imagine being afraid of me?
Shari, you were in jail
and you didn't call me?
I was too embarrassed.
I can't believe you never told me.
I just didn't want to talk about it.
So now you're in therapy.
You never know, maybe
it's for the best?
What does that mean?
Oh come on Shari, there is a lot
of stuff going on with you.
Like what?
You know like what.
No, I don't, maybe
you should tell me.
Your phobia about make up,
the way your clothes are all too big.
They happen to be comfortable.
You have anxiety attacks, you have trouble
sleeping, now you're hearing things.
I'm never telling you anything again.
Wait, Shari.
Wait.
Wait, honey, I'm sorry.
I didn't mean it the way it sounded.
What are you saying, that I'm crazy?
No, no.
We all have problems, now you've got
a chance to work yours out.
Every child deserves a father.
Conversely, no parent should be
deprived of their child.
However, it is
this court opinion that
Darlene and Christie Holland appeared
to have suffered a severe
trauma due to a painful divorce
which temporarily mitigates
the circumstances.
The court is ordering mother and child
into counseling sessions for six months,
during which time all visitation rights
of Darryl Holland will be suspended.
After six months complete
visitation will be resumed,
child will see her father
every week-end,
three weeks at Christmas and
- Court is adjourned.
- What?
Your Honour, what about counseling
for the perpetrator?
There is no evidence
of Mr. Holland's guilt.
What about all the medical testimony?
I do not believe this man capable
of that kind of a crime.
Why? Because he looks good in a suit?
Watch yourself Counselor.
Do you realize what you're doing?
In six months he is going
to be raping her again.
- Congratulations.
- Thank you.
I'm sorry.
It's six months anyway, right?
Thank you.
I'm sick to my stomach.
In six months it'll be worse.
Now he knows he can do whatever
he wants and get away with it.
I want another case, Rose.
Help.
Shari?
Oh my gosh, you scared me.
- Are you OK?
- Yeah, I'm fine.
You're coming to bed?
No, I still have some reading to do.
Can't it wait tomorrow?
Actually no,
I'm behind enough as it is.
- But how long do you think it will take?
- I don't know Mark. Until I'm finished.
This little girl in the dream,
is that you?
I don't know.
Well, who else could it be?
Well, it could be Christie,
couldn't it?
And the person she's afraid of?
Her father.
- You saw his face?
- No.
But you sure it was a man?
Well, it has to be him,
who else could it be?
You have flashbacks, nightmares,
you're sexually dysfunctional
and you're afraid of intimacy.
Shari, have you ever been raped?
No.
I would remember if I had,
wouldn't I?
But you do remember your mother
physically abusing you.
Yes.
OK.
I'm going to ask you to write
a letter to your mother,
just expressing how you feel
about that,
your anger, your fear,
whatever comes out.
And then bring it in and
we'll have a look at it.
But what good will that do?
Sometimes, just writing
these things down will
kind bring out memories
that otherwise we'd repress.
Memories, what kind of memories?
Who knows?
Hi.
How was your day?
Rose Beckman called.
Good, anybody else?
Why didn't you tell me you took
another incest case?
Because I knew you wouldn't want me too
and I didn't want to fight about it.
We barely see each other.
We never make love anymore.
You had a breakdown
over the last incest case.
- It wasn't a breakdown.
- What are your priorities?
Do you mind telling me?
Do I count for anything?
- Don't yell at me.
- I'm not yelling
I just, I don't understand you
anymore, Shari.
I don't know what you're doing.
I'm doing the best that I can.
And then Chuck puts on the puppet.
He puts on Bongo
and what does he say?
Come on Julia, Sweetie. Can you tell
the judge? Don't be afraid.
Bongo's gonna get you.
Chucks says Bongo's gonna get you,
and then what happens?
It's OK, Sweetie, tell the judge.
We play.
How do you play? What's the game?
Bongo tickles me.
Does Bongo do anything besides
tickle you, Julia?
He puts his head in there
and loves me.
OK, that's it. No more questions.
Why don't you go outside with Rose
and wait for me.
Your Honour, I think it's obvious
from this testimony
that the step-father is preparing
the child for intercourse.
You cannot send her back
to this family.
I see here that the real father
who's suing
for custody is having
financial problems.
That has to be considered too,
Counselor.
Why?
Is money more important than the fact
that that child is being molested?
I'm just not buying this, Counselor.
I met the mother and the step-father,
and they are intelligent,
educated people.
Thank you.
Mark?
Hello?
Are you home?
Shari. Look who's here.
What's the matter with you?
Mark left me.
Oh no.
What happened?
I was working on this case and
it was upsetting me and taking
all my time I guess
I wasn't there for him.
And how do you expect
to keep a man around
if you don't spend any time with him.
But I tried to give him
all the time I could.
Boys like Mark don't grow on trees.
And you're no raving beauty,
you know.
Viv, come on.
What, you've got something to say?
How could you do this?
How stupid can you get?
Of course I'm not surprised.
I know what you're like.
He was a saint to put up with you
as long as he did.
Thank you for your support, Mother.
Don't you open your big mouth to me.
It's a good thing we gave you
an education
because at the rate you're going, you're
gonna end up alone for the rest of your life.
Dear Mom, you betrayed me,
you were never a mother
I could turn to,
never a mother I could run to and be kissed
and held and protected from the world.
You were never my saviour,
but my tormentor.
You tortured me, you hit me,
you criticized me
beyond all bounds of human endurance.
I was terrified of you,
and so is Linda.
You pretended to the world that
you were a kind, loving human being
but in fact you were a monster.
You forced me to take all the brutality
and remain nice and sweet and caring,
but inside I was dying
piece by piece.
No wonder Mark left me,
I'm an emotional mess,
closeness to me
means death to myself.
I hate you Mom and I'll never forgive
you for the physical
and emotional abuse you put me
through and the incest from Dad.
What?
Shari.
What?
Read that last sentence.
I hate you Mom, and I'll never
forgive you for the physical
and emotional abuse you put me
through and the incest from Dad.
Not again.
No. No.
The way I see it,
you have two choices,
you can either sit here and drive yourself crazy
wondering if you're imagining the whole thing,
or you can do whatever it takes
to find out what really happened.
What if I don't want to know?
You've been in touch
with your therapist?
And?
She wants to hypnotize me.
Do it. The sooner, the better.
It's not that easy, Rose.
Shari.
How can you ask these children
to tell the truth,
if you're not willing
to face it yourself?
Alright, now just let all
of your muscles go,
just completely relax,
just relax.
That's great.
Now take a nice deep breath,
then exhale slowly.
All the air out.
That's right.
Now, one more time,
nice deep breath
and exhale slowly
Images in me are coming up.
Tell me what they are.
I see our old house in Culver City,
with my dad's green car parked
in the drive way.
Now I see inside.
I see the floor with the black
and white squares.
I'm in my bedroom now.
I can see the pink and blue window.
I can see my sister's bed.
I can smell the baby smells.
I can see across the hall.
Someone's typing.
It's Daddy.
He's stopped typing.
He's coming across the hall.
Now he's coming into my room.
I don't feel so good.
It's OK.
Daddy loves you.
Play more games.
Fire engine or something.
He's touching me
I don't feel so good,
I feel like I'm going to throw up.
Reminds me to touch him.
Is he saying anything to you?
He says,
don't tell anyone Shari,
this is our little secret.
You're my special girl.
This is it.
Hi sweetheart.
Would you mind telling us what this
is all about? What's the big secret?
We'll talk about it with Joan.
I've never even heard of this woman.
Who does she think she is asking me
to come to her office?
She didn't ask you, Mother, I did.
Mr. and Mrs. Karney, I'm
Joan Delvecchio, won't you come inside?
Shari.
Sit down, please.
Shari's invited you here for
what's called a parent confrontation.
Now, the purpose of it is for you
to hear what she has to say.
And then for you
to respond and discuss it.
Do you happen to have
a resume I could see?
A resume?
Well, I'm a psychiatric social worker,
I don't know if Shari happened to mention it,
and I'm a little curious
about your credentials.
Where did you do your doctorate.
UCLA.
I see, and you mind telling me
where you did your internship?
Vivian, for God's sake, what's the
difference. Let's just get to the point.
I agree with you Mr. Karney.
This is not about my credentials,
it's about your daughter, and she has something
very important to say to both of you.
So?
What is it already?
This is very hard for me,
but I have to tell you...
I discovered in therapy
that I'm an incest victim.
- Oh my God.
- What?
And it was you, Dad.
You incested me from the time
I was a baby until I was five years old.
You had oral sex with me,
you played sex games.
Are you crazy?
How dare you say that to me?
This isn't about you, Dad,
this is about me and
what I've been through.
- You're out of your mind.
- This is outrageous.
I never touched you, how can you
even think such a thing?
Cause I remember.
- What do you remember?
- You were a baby.
I remember his touch.
- I remember his smell.
- Oh my God.
I remember him getting undressed,
changing his clothes in my room.
- Jack?
- That's it, I'm getting out of here.
Mr. Karney, please sit down
and hear this out.
I don't hear another word of you.
Let's go.
Maybe it was a neighbour?
- You're mixing it up.
- No, Mom, it was Dad.
And you know what?
- I think you knew.
- What?
Why are you listening
to this garbage?
You knew what he was doing
and you never stopped him.
You're insane.
You stood by and looked the other way
and then you emotionally and
physically abused me to pay me back.
How dare you talk
that way to your mother?
And I'll just like to ask you Mom,
why did you hate me so much?
I never hated you.
What did I ever do to deserve that?
Viv, let's go.
You're a twisted disgusting girl.
- Mrs. Karney, please...
- Don't you talk to me.
I blame you for this. You put the
demented ideas in her head.
We gave you everything,
and this is how you repay us?
I will never forgive you for this.
Never.
This is good. This is real good.
You want to hear something funny?
I thought they would admit it.
I thought that they would take me in their arms
and ask how they could make it up to me.
What the hell are you doing
to our family?
I know you're upset about
what happened with Mom and Dad.
Upset?
I was on the phone all night with
Mom and Dad, they're hysterical.
What is this?
I quit my job.
What do you mean, you quit your job.
I'm going open a bar review course and
use the money to fund incest cases
You're obsessed. You know that?
You've gone off the deep end.
How could you say those
horrible ugly things to them?
Linda,
our father incested me.
Don't you say that.
Oh come on, we've been talking
about this for years
I'm ashamed of my body,
I have horrible nightmares,
I'm terrified of sex.
Oh, so now it's Dad.
- I was hypnotized.
- This is no proof.
My all life is proof.
Please, you had everything,
you were the baby, you were
Dad's favourite.
- He molested me, my Dad.
- That's not what he says.
- He's lying.
- He says you're lying.
Why would I lie about
something like this?
What am I supposed to do?
I don't know who to believe.
He says one thing, you say another,
I'm stuck in the middle.
There is no middle.
Either you believe me or you don't.
I don't know who to believe,
he's my father too.
And I'm your sister.
Please, believe me, Linda.
I need you to believe me.
These cases have been lost
all over the country.
Now, as far as I know, not one child's testimony
has held up in court against an adult.
Here it is, Torts.
So, I was thinking, what
if the child were a teenager.
Wouldn't she be more likely
to be believed?
But if she was a teenager,
it wouldn't be custody.
No.
I'm thinking of a civil suit, Rose.
Suing the perpetrator for damages.
She may not put him in jail,
but just maybe
she could win a settlement
for her pain and suffering.
Can you do that?
Look at this.
The statute limitation for torts for minors
is one year from their 18th birthday.
Meaning what exactly?
Meaning that we have until a child
turns 19 to make a case.
And an 18 year old is going to be a
lot more articulate than a 6 year old.
Is incest a tort?
A tort is a personal injury.
And that's not incest,
I don't know what is.
I think you've got a very good case
here, Kelly.
Not only against your brothers, but
against your parents and the Church.
We're going to sue the Church?
You told 3 clergymen
that your 3 older brothers
were molesting you and they did
absolutely nothing to stop it.
But, isn't it a sin
to sue the Church?
Honey,
Kelly,
your brothers have been raping
you for 8 years,
your mother knew, your father knew,
and 3 religious teachers knew.
I don't think you were
the sinner here.
I know how difficult this is.
And if you don't want to go through
with it, I understand.
No.
It has to stop.
I can't take it anymore.
Now, I have to warn you,
this isn't going to be easy.
Your parents may get
very angry with you.
Not to mention your siblings.
They're gonna yell and
scream and call you names.
They're gonna accuse you
of betraying your family.
You're gonna feel very alone.
I felt alone my entire life.
This takes a lot of courage,
I'm very proud of you.
Now, I'm gonna go ahead and initiate proceedings
and file a complaint and have it served,
and in the mean time I want you to
move out of your house immediately.
Where?
Don't worry, we'll find you an
apartment, I'll lend you the money.
Also, I strongly suggest that you have
no contact with your family right now.
OK.
We'll talk every day, we'll spend
lots of time together.
I'm very optimistic, Kelly,
there is no way the court can
negate your testimony.
- Hi.
- Hi.
You look great.
Thank you.
So?
How is your work coming on?
Well, I've got a new case
that I'm very excited about
but I'm sure you didn't call me
to discuss my career.
That's true.
Why did you come?
I wanted to talk to you about Dad.
OK.
I want to show you something.
I want you to read this.
What is this?
A psychologist report.
Dad was so upset by your accusation,
he had himself tested.
There is no way he could have done
it Shari, he doesn't fit the profile.
- There are no profiles.
- He took a lie detector test.
Do you know how many incest
perpetrators pass lie detector tests?
You don't give an inch, do you?
But, if he would just admit it...
Maybe you should admit
you made a mistake.
Alright, I gotta go.
- Kelly...
- She's dropping the case.
Can we talk privately
for a minute, please?
She's got nothing to say to you,
she's coming home where she belongs.
Don't let them pressure you.
My Mom and I talked everything
over last night,
and she promised me things
are gonna change.
You don't have to decide right now,
just take some time and think about it.
Hey, Lady, she already told you...
Excuse me Sir,
but I happen to be talking
to my client,
and if you continue harassing me,
I will find a bailiff and have you
ejected from this court house.
You realize that in a year,
it will be too late.
The statute of limitations will
run out when you turn 19.
Right now, you have the opportunity
to make your brothers accountable,
- to force your parents and the church...
- I don't want to force them to do anything.
I want to go home.
Home to what?
I told you, things are going
to be different.
You know, Kelly,
sometimes you're gonna have
to decide who's side you're on,
theirs or your own.
If you need anything,
you call me, OK?
What's wrong?
I got a call today
from Darlene Holland.
Christie has been hospitalized,
she's turned psychotic.
Damn it.
What is going on, Rose,
what kind of a world do we live in?
- I don't know.
- You can't win.
No matter what you do, you can't win.
What, the perpetrator gets off scott-free
and the victim serves a life long sentence?
There is only one way to make
those bastards accountable.
How?
We need to change the law.
You're dreaming, you know
how hard that is.
It can't be any worse than raped by
my father, if I can survive that,
I can do anything.
Stephanie Chadford.
Stephanie, hi.
My name is Shari Karney and I'm an attorney
in Los Angeles specializing in incest cases.
Really?
Yes, I was reading through some
briefs that I borrowed from ACLU
and I found your name,
I can't believe this.
You've been trying to overturn
statute of limitations?
Yes, that's right.
So have I.
You're kidding?
I thought I was all alone on this.
Until now, so did I.
Well, maybe we ought to get together
and compare our notes.
Exactly what I was thinking,
are you free tomorrow?
Basically we need
a strong legal argument
that would overcome the dismissal of
adult incest cases past the age of 19.
I think I have it.
What?
Delayed discovery.
The guy has a gall bladder operation.
He doesn't find out for 6 months
that they leave the sponge in.
Complications set in, infections,
he can't go back to work.
Statute of limitations has run out but
he can still sue for medical malpractice.
Why? Delayed discovery.
There is no way he could have known about
the sponge upon they opened him up again.
OK, now it's incest.
A child represses the abuse
until she's 30 years old,
meanwhile she fails in school, she has all
kinds of physical and emotional problems,
her life is a mess,
she doesn't know why.
It's exactly the same thing,
delayed discovery.
There is no way she could have known
about her emotional problems,
until she remembers the incest.
Therefore incest law suits should be
exempt from all time constraints...
because of fixed
statute of limitations
deprives the victim of ever having
rights against the perpetrator.
Exactly.
Oh, you know what?
This could work.
First we plan a team
Then we review perspective clients,
choose 10 to 15 of the strongest cases
- and file suits all over the state.
- Good.
We challenge the statute based on delayed
discovery and push the law to the limit.
We're gonna need support on this.
If we could get,
say, 5 state-wide organizations
to sign on to a brief to present to the
Court, we'll have a much stronger case.
I think we should also work on getting
a bill past in the legislation.
- It's a bad idea.
- What?
This is a judicial decision,
it should come from the Courts.
Yeah, but if we rely solely on the Courts, we
leave everything in the hands of the judges.
- So?
- They're men.
Shari, who do you think sits
on the legislature?
Well, that's why 2 avenues are better
than one, it doubles our chances.
It's too much, come on, we better go.
We can't divide our focus.
We should just concentrate on the
Court cases and see what happens.
Rachel, before we begin
I just want to say that I know
that this is going to be hard.
I'm going to be asking you
a lot of questions.
Some of which maybe painful
and embarrassing.
And I want you to remember
that I was also an incest victim.
I know what you've been through,
and I'm on your side.
- Right.
- OK.
How old were you when you first remembered
your father sexually abusing you?
I remembered my father's abuse.
And what did you turn to
to escape this abuse?
Alcohol.
Sex.
You name it, I did it.
How old were you when you started
doing these things?
Alcohol, 13.
Drugs and sex, 14.
- How old are you now?
- 25.
Rachel,
what was your emotional state
during those years?
I hated myself.
I wanted to die.
I tried to kill myself 4 times.
Did you have any idea at the time
of those suicide attempts
why you felt so bad?
- Objection, cause for speculation.
- Sustained.
Your Honour, the crux
of this argument is
based on the fact that although Miss
Fowler does not remember her incest...
Objection, there is no proof
of any incest.
Sustained.
Rachel, did you discuss your feelings
with a therapist?
- Yes.
- And what did she say?
- Objection, hearsay.
- Sustained.
Your Honour...
Don't look at me, Counselor,
the burden of proof is yours.
One can only imagine how difficult
it must have been
as a child dealing
with these feelings,
and since it was a parent who was abusing you,
this must have compounded the problem.
It's the perfect crime. When you're
a baby, you can't remember.
When you're a child,
nobody believes you.
When you're a teenager, your family
blackmails you into keeping your mouth shut.
And by the time you're old enough
to do anything about it...
- Jack.
- ... the law says, sorry.
- Jack, get in here.
- ... and I have no idea
what it happened to me
until I was 30 years old.
Jack, look.
...millions of incest survivors
out there like me
who repress these memories
as children
because they were psychologically
unable to cope with them.
That's why my partner
Stephanie Chadford and I
Why did she do this to us?
What did she say,
did she mention my name?
Do you know how many people
watch this show?
...survivors of incest
to sue the perpetrators.
Shari, let's go back
to your own incest experience.
Oh my God.
I was 6 months old when my father
began sexually abusing me, and
it lasted until I was around 5.
Call Linda.
Did you hear me? Call Linda.
Call her.
You have no right to do this.
I had every right, it's my life.
Shari,
it's our life's too, going to therapy
is one thing, going on television...
Well, maybe if more incest victims
went public,
their perpetrators would think
twice before they tried anything.
Come, get off your soapbox.
You're not doing this for anybody else,
you're doing this to get back at Mom and Dad.
For what, Linda?
If nothing happened, then why
am I trying to get back at them for?
You know,
if I can save one child
by telling my story
then maybe that'll compensate
for losing my family.
I don't want this anymore.
Last year I was arrested
for drunk driving.
The judge sentenced me to mandatory
treatment for alcoholism.
When I finally got sober,
I went into therapy.
And what happened there?
I started to have flashbacks
and memories of my father.
What kind of memories?
He molested me.
And he...
raped me.
And sodomized me.
From when I was a little baby
until I was 6 years old.
Well, the Court has much sympathy for
the plaintiff and her painful ordeal.
As a matter of law, we find that
we have no choice
but to dismiss the case of
Rachel Fowler versus Philip Fowler.
The case has no validity
Based on the fact that the applicable
statute of limitations for incest
has run out on this claim.
We're going to file for an immediate
appeal, your Honour.
That's up to you, Counselor.
The jury is dismissed.
Why did we lose?
Don't worry, that was just
a stepping stone.
It's the Court of appeal
that matters.
That's were the legal precedent
is set.
It had nothing to do with you.
You did a great job.
How long to the appeal?
Probably a year or two.
That long?
I must go to get some air outside,
OK?
Alright, you wanted to focus
on the Court,
we focused on the Court, it's my turn,
I want to write legislation.
- Shari, this is one case...
- No, no, Stef...
the Appellate Court is packed
with right wing judges,
and in the next two years it's only going
to get worse. We need to pass a law.
OK, you win.
The law we're proposing is sponsored
by the American Coalition Against Rape,
as well as Senator Sorenson
of the Senate Judiciary committee.
And basically it states that any victim
of child molestation or incest
has an automatic right to sue until
his or her 26th birthday.
If they're older than 26, what is called
delayed discovery will be applied.
Then they have 3 years to sue
from the date they discovered
that they were
psychologically injured.
Who determines that?
Affidavits from therapists are submitted
and then it's up to the jury.
How do you prove
psychological injury?
Won't some people try and exploit
this law to get back at their parents?
No, I don't think so, the process
is very long and arduous.
Do you really think it's fair to prosecute
somebody so many years after the facts?
We go after war criminals, don't we?
The Chairman of the Committee's name
is Georges Dobbins
and I'm gonna tell you he's emphatically
opposed to this bill.
Our only chance is to win over the other
members of the judiciary committee.
So, be calm, be clear, and no matter
what, don't antagonize anyone.
What concerns me young lady are
the rights of the defendants.
Innocent fathers could be
falsely accused
and held accountable for acts that
supposedly took place 30 years ago.
As the law now exists, Mr. Chairman, it is
unfairly biased in the opposite direction.
The defendants have all the rights
and the victims have none.
That's not the point.
No, the point is
that we are trying to redress this imbalance
and give the victim her day in Court.
And when the witnesses are dead
and no one can remember?
Let the jury decide
as in any other crime.
A jury trial can go on for years
and in the meantime,
honest men's lives can be ruined.
Doesn't that matter to you?
Excuse me Sir, but why are you more
concerned about a bunch of child molesters
than you are with their victims?
I'm concerned Senator about
the question of retro-activity
because, let me tell you right now, I'm
not at all comfortable with the idea
that cases filed years into the past
could be covered under this bill.
I agree with you Mr. Chairman.
The bill should not be retro-active.
- That's not what he said.
- He's trying to cut a deal.
In other words, the bill will cover only
those cases filed after it's been passed.
Excuse me Mr. Chairman, I believe
the senator is confused,
there is no question that this bill
is retro-active.
Well, I'm not sure about that.
I'm sure the senator remembers that we
decided the time is not important,
it's the abuse that counts.
Retroactivity could create an enormous
back log in the Courts.
It appears you people don't know
what your own bill is.
Therefore I'm going to table it until
you figure it out. Next bill.
Excuse me Mr. Chairman, you can't...
Let's move on to other business.
Senate bill 1-18, is that right?
OK, we had a setback...
A setback? It took us 5 years
to get in there,
you just destroyed everything
in 5 minutes
I'm sorry Senator, but we have several
clients who are in the middle of Court cases,
including Rachel Fowler, I'm not about
to sell them out.
For your information, this bill is not
just about what you want.
Look, I'm sure we can find a way
to reintroduce
the bill next session,
that's just 3 months from now.
Yeah, right, now that you've alienated
the entire Committee.
Dobbins can table this bill
for up to 2 years.
Personally I don't have another
And I doubt anyone else does either.
Well, we can't give up now,
that would be crazy.
Well, maybe you should go back to L.A.
and let us figure this out ourselves.
I don't believe this.
Are you kicking me out?
You're a loose canon, Shari. You just
don't know how to control yourself.
Aren't you gonna say anything?
Fine. That's the way you want it,
I'll go.
Oh God. Oh my God.
I missed you so much.
I missed you too.
You look great.
You look like hell.
We met over a year ago
to Faculty picnic.
He's sensitive, intelligent.
He's a wonderful man.
And...
We're getting married in June.
Congratulations, that's great.
Will you be my maid of honour?
Thank you for asking me,
but I can't do this.
Please. Shari, please. I don't want
to get married without you.
I can't believe you're asking me this
after all that's happen.
This means so much to me, please,
Shari.
Can't you put it aside for one day?
I haven't talked to them in years.
They want you to come.
They know I'm asking you and
they want you to be there.
You're still acting
like it never happened.
No, I know something happened.
I can't pretend anymore,
it's not possible.
But you're still with them.
I'm not as strong as you, Shari.
I need my family.
I need a father and a mother
and a sister in my life.
And I want you all there
at my wedding.
Thank you.
Come in.
Can I?
I'm bored and frustrated
and I miss you.
Everybody is entitled to one mistake.
Please forgive me.
You really hurt me, Stef.
I know I did, I'm sorry.
You didn't deserve that.
Sit down.
So, how is it going?
Well, let me put it like this,
it's taking longer to rewrite this bill
than to form the Grand Canyon.
You know, these boys love to talk.
Supposed to take it back
to Committee in June.
But nobody has any idea how
to handle Dobbins.
So why you're here?
Let's face it, Shari,
when it comes to brilliant, conniving,
manipulative ideas,
you're the pro.
- Do you really think this will work?
- Trust me.
Diana, we need a favour.
Call the New York Times and
pitch them this article,
then contact George Dobbins and several
other representatives from the legislature
tell them you have
a tape-recorder running
and you'd like to know their opinion
on senate bill 108.
We think this will work if you tell
them it's only research.
Ask them what they're going to do.
How long they're going to keep it in committee.
We'll give you a list of questions.
- Will this help get it passed?
- Are you kidding?
Do you think they'll come out
on the side of child molesters
if they think the New York Times
is watching?
Give me the names.
Hello, yes, this is Rose Beckman
calling,
I'm calling on behalf of the committee
that's been formed to pass Senate bill 108.
I'm calling all the therapists
in your district
and ask people to call
Senator George Dobbins.
Hi, is this the
Oakland Rape Crisis Centre?
Yes, I'm calling to talk to you today
about Senate bill 108.
Do you happen to know
about that bill?
Could I send you some literature
that we have?
Send your telegrams to Senator
Georges Dobbins, 201 State street
Yes, that's Sacramento.
Thank you again. Bye bye.
No, he hasn't made a decision yet.
Would you hold, please.
Senator Dobbins' office?
Senator Dobbins's office, please hold.
Don't tell me, SB 108.
About the 50th call this morning.
All therapists and incest victims wanted
to know how you gonna vote.
Yesterday, we had over a hundred.
It's those damned women lawyers.
First the New York Times,
then now this.
They're trying to railroad me there
pushing their bill through the committee.
I'm sorry to keep you waiting.
OK, Ladies and Gentlemen.
Quiet please.
Please come to order.
I will now call for the vote
on Senate bill 108.
Assemblyman Axiel Ford, how do you vote?
Yes.
- Assemblyman Hemmings?
- I vote Yes.
- Assemblyman Beyondi?
- No.
- How many do we need?
- 6, we need 6.
I'm next. I abstain.
- Assemblyman Frankel?
- Absolutely Yes.
- Assemblyman Hillyard?
- Yes.
- Assemblyman Macy?
- No.
- Assemblyman Lebinski?
- Yes.
- Assemblyman Thorpe?
- No.
- Assemblyman Waterston?
- Yes.
All rise. Court is now on session.
The Court cannot help but recognize that
because the crime of incest is so heinous
and because the perpetrator is a parent,
someone that the child knows and trusts,
there is great probability that the victim
would repress all memory of the incest.
Therefore the Court has acknowledged
that delayed discovery
applies to victims
of child sexual abuse.
To hold otherwise would punish an
innocent victim and reward the perpetrator,
this was not the intent or purpose
of the statute of limitations.
Therefore the 6th Circuit
California Court of Appeals
finds in favour of the appellant
Rachel Fowler
The Court is adjourned.
I won. I really won.
I bet you did it. You deserve it.
You don't understand,
this is the first good thing that's
ever happened to me in my life.
But not the last.
I promise you that.
Hey, Mutt! How you doing?
Hi, my name is Karen Gilroy and...
I'm 17 and I've been in a foster home
because my father incested me and
my therapist recommended I call you.
So if you can call me back.
Hi Shari, this is
Lina Beautreil in Wyoming,
well I did it, because of you
I got up the guts and...
I've prosecuted my father
and guess what,
there is no statute limitations
in Wyoming for incest
and that son of a bitch
is now in jail.
I just want to thank you for
all your support, because without you
I would have never done it.