Friday, October 30, 2009

PTSD is not a mental illness

I was diagnosed with Post-Traumatic Stress Disorder due to severe childhood abuse when I was 22 years old. Six months earlier, I had told the very first person about my childhood abuse. I have attended counseling off and on since that time. Counseling has been very beneficial and I even had the opportunity, last Spring, to attend an exceptional, 2-week long, trauma recovery program in Dallas, at the Colin A. Ross Institute for Psychological Trauma. My diagnosis, from Dr. Colin A. Ross, himself, is PTSD due to severe childhood abuse. Dr. Ross is an internationally renowned clinician, researcher, author and lecturer in the field of dissociation and trauma-related disorders.

Post-traumatic Stress Disorder is not a mental illness. It is dealing with the aftereffects of trauma. My father posted a comment on a blog recently, that said


Tom Bishop said...
It has always amazed me how people will believe statements from someone they have never met. None of the things about sex or violence on Laura's blog ever happened. I still love my daughter as much as any of my children and forgive her for the things she has said and written. Our family has tried for the past several years and will continue to try and get Laura help, as much as she will let us. But as much as it hurts me to say this, she is mentally ill and has been for several years. As I'm sure some of you know, mental illness is a terrible time in anyone's life.
This will be my only comment on a family matter.
Tom Bishop

October 21, 2009 2:54 AM

(copied at pasted directly off of the blog posting)


http://bostonlegalsass.blogspot.com/search?q=shit+has+hit+the+fan


This statement was merely used as an attempt to discredit me as a valid witness/victim and was also as a threat to shut my mouth. My father recently told me on the phone that, if I didn't stop "all this nonsense", that I would destroy my family and lose my nurse practitioner license, in the process. If I continued to post the truth, he will convince everyone that I am crazy and a liar. He would twist the very damage he caused with yet another set of lies and abuses. I do have PTSD due to severe childhood abuse, but I am not mentally ill or a "nut job" (quoting another posting by my father). I am telling the truth. My intent is not to harm, but to prevent harm.

Wednesday, October 28, 2009

Is my neighbor's thinking changed?..........


Have the courage to speak.
There have been LOTS of visits to my blog, recently, but very few comments. I wonder what people think about when they read my blog. Please comment and let me know what you have been thinking. It's hard to proceed without a little positive/negative feedback. How has your thinking changed since you started reading this blog? Does anyone have the courage to say what they think? I have complete and utter faith.

Monday, October 26, 2009

Texas Law

Sec. 22.011. SEXUAL ASSAULT. (a) A person commits an offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:
(1) the actor compels the other person to submit or participate by the use of physical force or violence;
(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;
(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
(6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;
(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
(8) the actor is a public servant who coerces the other person to submit or participate;
(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;
(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or
(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.
(c) In this section:
(1) "Child" means a person younger than 17 years of age who is not the spouse of the actor.
(2) "Spouse" means a person who is legally married to another.
(3) "Health care services provider" means:
(A) a physician licensed under Subtitle B, Title 3, Occupations Code;
(B) a chiropractor licensed under Chapter 201, Occupations Code;
(C) a physical therapist licensed under Chapter 453, Occupations Code;
(D) a physician assistant licensed under Chapter 204, Occupations Code; or
(E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code.
(4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:
(A) licensed social worker as defined by Section 505.002, Occupations Code;
(B) chemical dependency counselor as defined by Section 504.001, Occupations Code;
(C) licensed professional counselor as defined by Section 503.002, Occupations Code;
(D) licensed marriage and family therapist as defined by Section 502.002, Occupations Code;
(E) member of the clergy;
(F) psychologist offering psychological services as defined by Section 501.003, Occupations Code; or
(G) special officer for mental health assignment certified under Section 1701.404, Occupations Code.
(5) "Employee of a facility" means a person who is an employee of a facility defined by Section 250.001, Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer.
(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.
(e) It is an affirmative defense to prosecution under Subsection (a)(2) that:
(1) the actor was not more than three years older than the victim and at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and
(2) the victim:
(A) was a child of 14 years of age or older; and
(B) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.
(f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section 25.01.
Added by Acts 1983, 68th Leg., p. 5312, ch. 977, Sec. 3, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 557, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1029, Sec. 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 662, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 273, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 6, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1031, Sec. 1, 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1286, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1102, Sec. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1415, Sec. 24, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.829, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 155, Sec. 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 528, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 553, Sec. 2.017, eff. Feb. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 268, Sec. 4.02, eff. September 1, 2005.

(from the 2009 Texas Penal Code)



Sec. 21.02. CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR CHILDREN.
(a) In this section, "child" has the meaning assigned by Section 22.011(c).

(b) A person commits an offense if:
(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and
(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age.

(c) For purposes of this section, "act of sexual abuse" means any act that is a violation of one or more of the following penal laws:
(1) aggravated kidnapping under Section 20.04(a)(4), if the actor committed the offense with the intent to violate or abuse the victim sexually;
(2) indecency with a child under Section 21.11(a)(1), if the actor committed the offense in a manner other than by touching, including touching through clothing, the breast of a child;
(3) sexual assault under Section 22.011;
(4) aggravated sexual assault under Section 22.021;
(5) burglary under Section 30.02, if the offense is punishable under Subsection (d) of that section and the actor committed the offense with the intent to commit an offense listed in Subdivisions (1)-(4); and
(6) sexual performance by a child under Section 43.25.

(d) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific acts of sexual abuse were committed by the defendant or the exact date when those acts were committed. The jury must agree unanimously that the defendant, during a period that is 30 or more days in duration, committed two or more acts of sexual abuse.

(e) A defendant may not be convicted in the same criminal action of an offense listed under Subsection (c) the victim of which is the same victim as a victim of the offense alleged under Subsection (b) unless the offense listed in Subsection (c):
(1) is charged in the alternative;
(2) occurred outside the period in which the offense alleged under Subsection (b) was committed; or
(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (b).

(f) A defendant may not be charged with more than one count under Subsection (b) if all of the specific acts of sexual abuse that are alleged to have been committed are alleged to have been committed against a single victim.

(g) It is an affirmative defense to prosecution under this section that the actor:
(1) was not more than five years older than:
(A) the victim of the offense, if the offense is alleged to have been committed against only one victim; or
(B) the youngest victim of the offense, if the offense is alleged to have been committed against more than one victim;
(2) did not use duress, force, or a threat against a victim at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense; and
(3) at the time of the commission of any of the acts of sexual abuse alleged as an element of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section or an act of sexual abuse as described by Subsection (c).

(h) An offense under this section is a felony of the first degree, punishable by imprisonment in the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 25 years.
Added by Acts 2007, 80th Leg., R.S., Ch. 593, Sec. 1.17, eff. September 1, 2007.

(from the 2009 Texas Penal Code)



Art. 12.01. FELONIES. Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code;
(C) sexual assault, if during the investigation of the offense biological matter is collected and subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained;
(D) continuous sexual abuse of young child or children under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11, Penal Code; or
(F) an offense involving leaving the scene of an accident under Section 550.021, Transportation Code, if the accident resulted in the death of a person;

(from the 2009 Texas Code of Criminal Procedure)



Texas removed the statute of limitations for "Continuous Sexual Abuse of a Child" in 2007, but victims whose criminal limitation had already run could not be "grandfathered in". Perpetrators who acted prior to 2007, and whose crimes limitations had expired, were left unprosecuted for their crimes against children.

Something is not right.

Excellent paper on sexual abuse statutes of limitations

http://www.law.suffolk.edu/highlights/stuorgs/lawreview/docs/ViensNote.pdf

The ones left behind

Some people are able to escape the prison of their past; others choose to stay. There is no way of telling of the things that go on inside of the prison until you are out, and then it's too late. You can try to get the rest of them out, but your efforts are useless if the others don't want to leave. You can choose to re-enter the prison to be with the others or stand outside the walls and try to show them the way out. Sometimes, though, you must give up and leave the others behind. They don't want to leave; they know nothing else. Change brings fear. At least, in the prison, they know what to fear.

I am walking away from the prison. There are others left behind, but they have chosen to stay. I am sad for them and for what they have chosen, but I can no longer try to coax them out. They must choose to leave or accept the life they have forever.

Life is a path full of roads diverging, with choices to be made. Each choice leads to more paths that get you to your final destination. I know where I am going and I choose to follow the paths that will lead me there.

I will miss the others but not the prison I left.

Too Late

Sometimes you wait too long to tell your story; the law just doesn't allow for time to gain the strength and courage to face your fears. The statute of limitations has passed and nothing can be done now. Was it worth it to risk humiliation and possible violence to let the secret out? Yes. Will anything change now? I doubt it.