Articles

Transfer granted in six child sex abuse deposition cases

Indiana Supreme Court justices granted transfer in six cases last week all addressing whether child sex abuse victims can be ordered for deposition in light of a state statute the Court of Appeals of Indiana has repeatedly held violates the Indiana Rules of Trial Procedure.

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Justices split, find ‘jurisdictional gap’ in child molesting offense committed by minor who is now an adult

Neither the juvenile court nor the criminal court has jurisdiction over a man who allegedly committed child molesting while still a minor but whom the state did not attempt to criminally charge until he was over 21, creating a “jurisdictional gap” in cases where an offender ages out of the juvenile system, according to the Indiana Supreme Court. But the court’s majority holding was challenged by two dissenting justices, who argued the Indiana Legislature “would never have intended” for the alleged criminal act to go unpunished.

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Split justices eliminate proximity rule for emotional distress claims

A mother who brought claims for emotional distress after learning that her disabled daughter had been sexually abused can once again proceed with her case after a majority of the Indiana Supreme Court created a new rule eliminating the proximity requirement for emotional distress recovery. A dissenting justice, however, warned that the “watershed” ruling could have a wider-ranging impact than anticipated.

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