Ad Alaya Rahm - Arkansas law defines minors as under 18's, not under 16s.

 

 

Date: 12-05-04

 

From: Information forwarded by editors exbaba.com

 

Misguided devotees of Sai Baba are appearing on the Internet in a bid to defend their guru of the allegations pertaining to sexual abuse and other issues. The issue of Alaya Rahm, which has been the subject of three media interviews, is the subject of their disinformation of how this is an invalid case on account of Alaya’s status as an adult at the time of his abuse.

In short, the age of consent for sexual relations in Arkansas, where Alaya Rahm resides, is 16 and thus he cannot claim to have been abused as a child since the abuse took place when was 16.  

Where they got this information from is unknown since an online copy of the Arkansas Code states quite clearly that a person under 18 is considered a minor:

 


 

16-56-130. Civil actions based on sexual abuse.

(a)  Notwithstanding any other statute of limitations or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action based on sexual abuse which occurred when the injured person was a minor, but is not discovered until after the injured person reaches the age of majority, shall be brought within three (3) years from the time of discovery of the sexual abuse by the injured party. 
(b) (1)  A claim based on an assertion of more than one (1) act of sexual abuse is not limited to the injured party's first discovery of the relationship between any one (1) of those acts and the injury or condition, but may be based on the injured party's discovery of the effect of the series of acts. 

(2)  It is not necessary for the injured party to establish which act in a series of acts of childhood sexual abuse caused the injury or condition that is the subject of the lawsuit. 

(c)  For the purposes of this section: 

(1)  "Childhood sexual abuse" means sexual abuse which occurred when the injured person was a minor; 

(2)  "Minor" means a person of less than eighteen (18) years of age; and 

(3)  "Time of discovery" means when the injured party discovers the effect of the injury or condition attributable to the childhood sexual abuse. 

History. Acts 1993, No. 370, 1.


From the above it can be seen clearly that Section C1 allows the case of Alaya Rahm to count as "childhood sexual abuse" on account of Section C2. 

Further information from the National Clearinghouse on Child Abuse and Neglect Information (NCCANCH) website provides the following:


'Sexual abuse' means:

              By a person 10 years of age or older to a person younger than 18 years of age: Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; attempted sexual intercourse, deviate sexual activity, or sexual contact; indecent exposure; or forcing, permitting or encouraging the watching of pornography or live sexual activity;

              Between a person 18 years of age or older and a person not his spouse who is younger than 16 years of age, or between a person younger than 18 years of age and a sibling or caretaker, sexual intercourse, deviate sexual activity, or sexual contact or solicitation; or attempted sexual intercourse, deviate sexual activity, or sexual contact.

There is also a section on 'severe maltreatment':

There is also a section on 'severe maltreatment':

'Severe maltreatment' means sexual abuse, sexual exploitation, acts or omissions which may or do result in death, abuse involving the use of a deadly weapon as defined by law, bone fracture, internal injuries, burns, immersions, suffocation, abandonment, medical diagnosis of failure to thrive, or causing a substantial and observable change in the behavior or demeanor of the child.

http://www.childwelfare.gov/ and http://www.fairness.com/resources/relation?relation_id=35843

 


The NCCANCH is a service of the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.

Sai Baba is certainly guilty of the last criterion for severe maltreatment as the Rahm family's statements showed in the recent ‘The Secret Swami’ documentary that was produced by the BBC:

Tanya Datta: For the Rahm family the tragedy was coming to a head. Alaya’s parents were noticing changes in their son. 
 

Marisa Rahm: He wasn’t looking happy even in India going into these interviews. I would wait until he would come out and he didn’t look happy to go in and he didn’t really look happy to come out and there was a suspicion growing in me that, you know, things were going wrong.

Al Rahm: We were concerned about Alaya’s behaviour and the way he was acting and so we decided we were going to confront him. Well, to my surprise when Alaya said ok and he started to tell the story, it was so much more than I knew anything about. And that in fact he had been forced, sexually forced and abused by Sai Baba in almost every single interview he had ever been in. [10.34.47-10.35.53] 

http://news.bbc.co.uk/1/shared/spl/hi/programmes/this_world/transcripts/secret_swami17_06_04.txt