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	Church Vs. a Change By Colin Poitras Hartford Courant [Connecticut] April 5, 2007 http://www.courant.com/news/politics/hc-jessicaslaw0405.artapr05,0,7553062.story?coll=hc-headlines-politics-state Representatives of the Roman Catholic Church in Connecticut are fighting a proposal to extend the statute of limitations for lawsuits in child molestation cases from 30 to 40 years. They say the church has spent millions settling lawsuits stemming from allegations of past abuse and the extension would allow for more claims that would be almost impossible to challenge because of the time that has elapsed. "This will be about suits against dead priests who can't defend themselves," Nancy Matthews, chancellor of the Bridgeport diocese, told members of the General Assembly's judiciary committee at a public hearing Wednesday in Hartford. The proposal is part of a larger bill that also calls for mandatory reporting to authorities by computer repairers who find evidence of child pornography. Several other changes to existing sex offender laws aired Wednesday include one bill that establishes a new crime of aggravated sexual assault of a minor and another that prohibits sex offenders from living within 1,000 feet of a school or day-care center. The proposal to extend the statute of limitations would apply to both civil and criminal prosecutions in child molestations cases. In 2002, lawmakers expanded the statute of limitations in child molestation cases from two years to 30 years after a victim's 18th birthday in response to the explosion in child sex abuse allegations involving Catholic priests. The latest bid for an extension was spurred by the case of the Rev. Stephen Foley, who is accused of using his position as a fire chaplain to lure children and molest them. And it comes just days after the Archdiocese of Hartford agreed to pay $550,000 to a man who accused Foley of sodomizing him when he was a 14-year-old parishioner in Windsor Locks. The diocese has settled nine complaints against Foley since 1993. Two lawsuits remain unresolved. The allegations that have surfaced against Foley date back to the early 1970s. Foley became a fire chaplain in the late 1960s. Proponents of the extension suspect that more victims may come forward in the Foley case or in others if the statute of limitations is expanded. "The reason we are doing this is because many people who were victimized in this fashion are reluctant to come forward, which I think is perfectly understandable," said state Rep. Michael P. Lawlor, D-East Haven, the committee's co-chairman. Lawlor noted that many states are either extending their statutes of limitations for such cases or eliminating the time limits entirely. The lawsuits have forced the Hartford archdiocese to sell much of its undeveloped land assets to pay settlements. There isn't much left, Matthews said. The archdiocese spent $22 million in 2005 to resolve 43 molestation cases involving 14 of its priests. Matthews said further claims encouraged by the extension would jeopardize the $40 million in annual social service work performed by Catholic charities in Connecticut. "Those who will be injured most by this extension of the statute will be the poorest and neediest among us," Matthews said. "Resources that would otherwise be used for their benefit will be diverted to adjudicate claims. ... The church is not an economic bottomless pit." Richard Colbert, a lawyer representing the Connecticut Catholic Conference, said allowing alleged victims to raise claims dating back 40 years is difficult for the church because the accused may be dead, potential witnesses may be difficult to find and witnesses' memories may be weak. Colbert said he understood the legislature's intent, but he felt 30 years was more than ample time for possible victims to come forward. Sen. Andrew J. McDonald, D-Stamford, the committee's other chairman, said he appreciated the church's concerns but that legislators have a responsibility to the people they serve. "All statutes of limitations are arbitrary and it's up to the legislature to make that determination," McDonald said. "I hear you about the potential risk. But on the other hand we have people saying there are victims of sex abuse who will go uncompensated for the violence against them but for the statute of limitations." Sharyn O'Reilly urged legislators to extend the statute of limitations indefinitely. O'Reilly, 72, told the committee she was sexually abused by "a respected person in her community" from the time she was 2– to 8 years old. O'Reilly fought back tears as she described the horrors of her childhood, her trauma and her ongoing search for peace. Through extensive counseling, she only recently has been able to discuss her past. "There's no specific dates to recall the trauma of sex abuse," O'Reilly said. "We're all different." Several people, including Chief State's Attorney Kevin T. Kane, spoke in favor of the bill for a new aggravated sexual assault of a minor law that would be specifically for victims younger than 13. The bill is a compromise version of an earlier bill known as "Jessica's Law," named for 9-year-old Jessica Lunsford, who was killed by a sex offender in Florida. Earlier versions of the bill called for a mandatory 25-year minimum prison term for all sex crimes involving children younger than 13. Kane opposed that draft of the law, saying it eliminated prosecutors' ability to plea bargain cases to avoid costly trials that would compel victims to testify. The lengthy mandatory prison time, he said, might also discourage victims from coming forward if the allegations involved a family member, an authority figure or a friend, he said. The revised bill, a compromise crafted in large part by Senate Republicans, proposes a 25-year mandatory minimum prison sentence only for the new charge of aggravated sexual assault of a minor. That charge would apply to any person who commits a sex offense when the victim is younger than 13 and engages in at least one "aggravating act" such as kidnapping or restraining the victim, stalking the victim, or seriously injuring the victim. It also would apply when the accused is not known to the victim. With the inclusion of such aggravating factors, proponents of the law said it would give prosecutors greater flexibility when the crime involves a relative or a consensual sexual relationship. The 25-year prison sentence would be for first-time offenders. The mandatory punishment would jump to a 50-year prison term for a second offense. The proposed law also establishes mandatory minimum sentences ranging from one to 10 years for various other sex offenses, especially when the victim is younger than 13. The tougher sentences would apply to sexual contact under the risk of injury law (five years minimum); employing a minor in an obscene performance (10 years); possession of child pornography in the first-degree (five years) and enticing a child under the age of 16 into sexual activity via the Internet (five years minimum for a first offense, 10 years for a second offense.) State Sen. John McKinney, R-Fairfield, said the legislature needs to send a message to judges who are being lenient in cases of some sex crimes. McKinney mentioned one recent case in which a young man was given a 15-year prison term, suspended after three years, for molesting four young girls, two of whom were 4 years old. "My friends, three years is simply not proper punishment for these crimes," McKinney testified Wednesday. "It is apparent to me that our laws are not tough enough and that some of our judges just don't get it." Attorney General Richard Blumenthal spoke in favor of establishing living restrictions for sex offenders. "These living restrictions are hardly rare or unusual," Blumenthal said in his written testimony to the committee. "Sixteen states and more than 400 cities and towns have enacted such measures." Contact: cpoitras@courant.com
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