SPOTLIGHT: Abuse in the Catholic Church |
In the Public Interest by Child Abuse Survivors and their Advocates in their Pursuit of Justice, Recognition, Recovery and Redress.
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Article Category: 2006 September
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Article originally prepared on : 15 September 2006
The state House of Representatives yesterday passed legislation prompted by the clergy sexual abuse scandal that would remove some restrictions on prosecuting abuse cases and would toughen restrictions on some convicted sex offenders.
The measure, headed to the Senate as early as Monday, goes partway toward addressing concerns raised by victim advocates, who have repeatedly objected to laws in many states, including Massachusetts, that preclude lawsuits and prosecutions stemming from abuse that took place decades ago.House Speaker Salvatore F. DiMasi said the measure virtually eliminates the statute of limitations for the prosecution of child sexual abuse in Massachusetts.
The measure would change the state's statute of limitations for child sexual abuse cases, making it possible for prosecutors to bring charges 27 years after the victim first reports the episode, or 27 years after the victim turns 16. And prosecutors could bring charges in cases that occurred longer ago if there is independent evidence that corroborates the victim's allegations. (The 27-year period, which would replace a 15-year limit in the current law, was chosen as a compromise, but also is supposed to allow enough time for victims to reach adulthood and recognize that abuse is a prosecutable crime.)
``We felt we needed to protect children, and e needed to strengthen our laws to make sure that sexual predators are brought to justice and that there is an opportunity for a prosecution in these cases," DiMasi said. ``We've seen people who were molested when they were children, and some people virtually were getting away with it because their statute of limitations had run [out] and we weren't able to prosecute."
SPOTLIGHT: Abuse in the Catholic Church |
Governor Mitt Romney wants to review all of the provisions of the bill before deciding whether to sign it, but he is generally supportive, said his spokesman, Eric Fehrnstrom.
Clergy abuse victim organizations had wanted the state to fully repeal the criminal statute of limitations -- an idea supported by the Senate but rejected by the House because of concern about the ability of alleged abusers to defend themselves after so much time had passed. Victims also wanted the state to eliminate a civil statute of limitations, which currently restricts some lawsuits by victims, but that idea has not gained traction in the Legislature.
``This is a good first step, but a lot more needs to be done," said Bonnie Gorman of Quincy, a co-chairperson of the Coalition to Reform Sex Abuse Laws in Massachusetts. ``It's leaving decisions to the district attorneys, which is exactly where they should be left. But we're very disappointed about the civil bill."
A lawyer for numerous clergy abuse victims agreed. ``Although the proposed law is not perfect, it is a building block which can be used as a foundation for eradicating the statute of limitations in criminal cases," said the lawyer, Mitchell Garabedian.Continued...
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