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	Sex Abuse Survivors Back Lawsuit Measure By Judy Harrison Bangor Daily News February 14, 2007 http://bangordailynews.com/news/t/news.aspx?articleid=146352&zoneid=500 Augusta — Survivors of sexual abuse urged members of the Legislature's Judiciary Committee on Tuesday to endorse a bill that would open a window for civil lawsuits that are now time barred. The bill, LD 178, sponsored by Sen. Ethan Strimling, D-Portland, would create a two-year window in which people who claim to have been sexually abused decades ago could file lawsuits seeking damages. The Legislature in 1999 passed a bill that removed the statute of limitations for child sexual abuse cases occurring in 1993 or later. Maine was the first state to pass such a law, but it doesn't help those who were abused before 1993, supporters claim. Many of those who spoke in favor of the bill during a hearing Tuesday said they had been abused by Catholic priests. The Roman Catholic Diocese of Portland and the American Tort Reform Association, a Washington-based organization, opposed it. "This is not a nosebleed. It's not a fight in a playground. This is sex abuse," Michael Sweatt, 49, of Portland told the committee. Sweatt, who was sexually abused in the early 1970s while a student at Cheverus High School in Portland, would be able to file a lawsuit if the bill passed. He told committee members that it was not until 1997 that he told his family he had been abused. "In civil suits, the burden is on us," Sweatt said. "We will have to hire the attorneys, gather the evidence and bring the names of the perpetrators forward. Give us the power to bring their names to the fore. Please remove one more barrier to our healing and to justice." Mark A. Behrens, who is a lawyer at a Washington, D.C., law firm, represented ATRA, a group that supports tort and liability reform. He questioned the constitutionality of the bill and said it flew in the face of the idea of fairness and predictability in the law. "It's unfair to put a [deceased] defendant in a situation where he has no meaningful opportunity to defend himself," Behrens said. "If you go back to claims in the 1950s or 1940s, the perpetrator most likely is no longer around and will not be brought to justice, but maybe his family will." Michael Poulin, an attorney from Auburn and a member of the diocese's Public Policy Committee, urged the committee to recommend to the Legislature that the bill not pass. "We support helping victims find justice and will work with anyone and everyone to see that justice is served," Marc Mutty, a lobbyist for the diocese, said after the hearing. "But going back 30, 40 years is very difficult. "We have looked at this before," Mutty said. "We now have one of most progressive laws in country, but to go back and retroactively do away with the statute of limitations is another matter." Harvey Paul, 52, of Windham heads the Maine Chapter of Survivors Network of Those Abused by Priests. He was molested while a student at St. Mary's School in Biddeford between the ages of 8 and 13. He told the committee that he knew of at least eight others who were abused by the same man. "If I'd been able to go to court he might not have been able to abuse others," Paul said. "Please give all survivors the chance to face their abusers in court." Legislators were moved by survivors' testimony. "We heard some very compelling, gut-wrenching testimony from a lot of folks who had the courage to come forward," Rep. Michael Dunn, D-Bangor, said after the hearing. "At this point, I'm inclined to support it. In my mind it seems to be a reasonable window to allow people who have been harmed have their day in court." Dunn, who is not a lawyer, said there appeared to be some constitutional "issues" the committee would need to consider before members could recommend to the Legislature that it become law. Sen. Bill Diamond, D-Windham, urged members of the Judiciary Committee to view the child pornography that has been recovered on computers by Maine State Police investigators. "The problem you have," he told them, "is successfully distinguishing between this crime and other crimes. This crime is unique and so are the victims. Putting a face on sex offender victims is critical." Windham said he has seen the effect sex crimes have on victims. Windham is the chairman of the Criminal Justice and Public Safety Committee, which has been dealing with proposed changes to the state's Sex Offender Registry and other laws concerning sexual abuse. The senator said that if committee members viewed pornography that showed adults having sex with children as young as 2 and 3 they might see why LD 178 is important. "People who commit this crime should not have any shelter under any circumstances," Diamond said.
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