http://www.detnews.com/apps/pbcs.dll/article?AID=/20060123/OPINION03/601230312/1272
Monday, January 23, 2006
Deb Price
Protect kids by opening statute of limitations
Their fathers sexually abused them. Their families covered it up, warned
them not to tell and made them feel dirty, even to blame for what had
happened.
As the four middle-aged women told state Rep. Paul Condino,
D-Southfield, well into adulthood they continued to feel horrible about
themselves and angry that their abusers had never been punished.
"I'm a fairly strong guy, and I had tears in my eyes," Condino recalls
of the breakfast meeting a year ago that prompted him to introduce
legislation to change Michigan's statute of limitations on civil
lawsuits: Currently, abuse victims must sue by age 19. Condino would
allow those of any age to sue during a two-year "window" after the
bill's passage. After that, victims could sue until age 38.
"I don't know how anyone could listen to those kinds of stories and
think that the current system in working," the lawmaker says.
Unfortunately, the Catholic Church doesn't want people to listen to
those kinds of stories, some of which would focus yet more attention on
abuse by priests. The primary opposition to Condino's much-needed
legislative remedy is coming from the Catholic Church. A statement by
the Archdiocese of Detroit claims that the current limits on suits by
abuse victims have "served our society well in protecting the rights of
everyone."
"The Catholic Church's primary concern appears to be how much it might
cost them and what further bad PR they'd get, rather than the good that
could come for the victims who would finally get a chance to tell what
happened to them and have their community say, 'That was wrong,'" says
Condino, who was raised Catholic.
So far, only California has opened a child-abuse lawsuit "window" to
help victims mend emotionally and to provide some justice even after
criminal prosecution is no longer possible. Many victims are in their
30s before they can face what they suffered as kids.
Beyond Michigan, "window" bills are pending in Ohio, New York,
Pennsylvania and Colorado.
These proposals got a huge boost on Jan. 11 by Detroit Auxiliary Bishop
Thomas Gumbleton's courageous revelation that as a teen he was molested
by a Catholic priest.
"It might seem easier to keep the evils hidden," Gumbleton said in a
statement to the Ohio House Judiciary Committee, "to move on and trust
that the future will be better. But I am convinced that a settlement of
every case by our court system is the only way to protect children and
to heal the brokenness within the church."
"Window" bills are an important first step toward protecting future
generations. Law professor Marci Hamilton of Yeshiva University, an
expert on the clergy sex abuse scandal, rightly urges states to abolish
statute of limitations for prosecution of child abuse, as has been done
by Maine, Alaska and the federal government.
Working with victims' groups, Hamilton has also drafted the Violence
Against Children Act, which -- if passed by Congress -- would link
certain federal funds to the abolition of state statutes of limitations
on prosecuting sex crimes against children and to opening civil suit
"windows" for victims.
One of the most powerful parts of this proposed federal legislation is
that it would take away the tax-exempt status of any group that fails to
report child abuse or covers it up.
Child abusers are rarely rehabilitated. They depend on the silence of
powerless children and the indifference of adults. We can change that by
demanding that lawmakers enact commonsense legal reforms to protect
kids.
You can reach Deb Price at (202) 662-8736 or dprice@detnews.com.
© 2006 The Detroit News
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Fundies and trolls are cordially invited to
shove a wooden cross up their arses and rotate
at a high rate of speed. I trust you'll
be 'blessed' with a cornucopia of splinters.
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