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	Tougher Abuse Penalties Sought People Who Do Not Report It Targeted, Too By Peter Smith The Courier-Journal January 16, 2008 http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080113/NEWS0101/801130455 A bill filed by state Rep. Jim Wayne, D-Louisville, would toughen penalties for both those who sexually abuse minors and those who know about such abuse but fail to report it to authorities. House Bill 211, prompted by revelations in recent years of sexual abuse by clergy, teachers and others in positions of authority or trust, would make sexual contact with someone younger than 16 a felony if committed by someone older than 21. Under the bill, anyone in a position of authority or trust who has sexual contact with someone younger than 18 could be charged with a felony. State law defines those in positions of authority or trust as including adult relatives, coaches, religious leaders, teachers, health-care providers and employers. "The intent here is not to have mid- to late adolescents prosecuted for the activities that mid- to late adolescents often engage in," Wayne said. "We're trying to address the issue of people in positions of authority who are basically taking advantage of minors, to be serious as a society that we're not going to tolerate this." A similar bill filed late during the last legislative session never got a hearing. Efforts in an earlier session to expand the ability of victims to sue perpetrators also fell short. But Rep. Kathy Stein, D-Lexington, who leads the House Judiciary Committee, said she would hold a hearing on the bill and predicted it would pass the House. "Clearly there's an issue, and we've got to figure out some way to solve it," she said. Stein has filed similar legislation, House Bill 235, that adds penalties for anyone in a position of authority or trust who has sexual contact with someone younger than 18. Some types of sexual offenses toward minors, such as rape and sodomy, are felonies, but others, such as fondling, are misdemeanors when children 12 and older are involved. Misdemeanors normally have a one-year statute of limitations, but House Bill 211 would allow a prosecutor to seek criminal charges for as long as five years after a victim becomes an adult. The bill also adds steeper penalties for those who fail to report suspected abuse or neglect of children. Victims' advocates have called for tougher legislation after cover-ups of sexual abuse by Roman Catholic clergy erupted into scandal in 2002. It was revealed that there were instances where church leaders knew of sexual abuse by priests but failed to report them to police. "It's not just the Catholic clergy that has had this horrendous problem, but it's other clergy people from other denominations, it's youth leaders, it's camp directors, it's teachers and so on," Wayne said. Vince Grenough of Voice of the Faithful, a local Catholic lay group that engages in victim advocacy, said the group supports the bill. "If this legislation can pass as it is or even be more strengthened," Grenough said, "that would be a big step forward for our children and our families." Reporter Peter Smith can be reached at (502) 582-4469.
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