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	Proposed Colo. Sex Offenders Law Sparks Controversy By Joe Murray Bulletin February 11, 2008 http://www.thebulletin.us/site/news.cfm?newsid=19283027&BRD=2737&PAG=461&dept_id=618959&rfi=6 In a move that has created a political clash between advocates of victim's rights and defenders of the Catholic Church, a Colorado lawmaker has introduced a bill in the Colorado General Assembly aimed at giving victims of childhood sexual abuse more time to sue both the abuser and the organization employing the abuser. "Most children who are abused by a person who is in a position of trust are not able to come forward until they are in their 40s, 50s, 60s," Colo. State Rep. Gwyn Green (D), the key sponsor of the bill, told The Denver Post. "And by then the statute has long since run out. Meanwhile, those pedophiles who assaulted them as children are continuing to assault other children." Under H.B. 1011, the statute of limitations would be suspended for any new or recent incidences of sexual abuse and it would also open a window of opportunity permitting those abuse victims with tolled limitations to be able to file charges. The law, as written, would apply only to private institutions, such as a church, and not public institutions, such as a school. "This has nothing to do with justice - it's pure politics," stated William Donohue, president of the Catholic League for Religious and Civil Rights. Mr. Donahue explained that H.B. 1011 is strikingly similar to a bill Ms. Green attempted to pass in 2006. When opponents to the bill exposed the fact that it gave public schools a pass, controversy crushed the bill. "When this was exposed as a witch hunt, the public schools were blanketed with the same legislation. But then the Colorado education establishment saw the handwriting on the wall and effectively killed the bill," Mr. Donohue explained. He also noted that the Colorado Catholic bishops, along with the Catholic League, supported the bill, so long as it was all-inclusive. Ms. Green states that she learned her lesson last time and is drafting a bill that would strip immunity from public institutions. Such a measure will not be included in H.B. 1011 but will be introduced as its own bill. Agreeing that sexual abuse of a child is an egregious sin, the Colorado bishops issued a statement asking, "What should Colorado's public policy be on civil lawsuits arising from such sexual abuse? And should two unequal kinds of justice apply: a soft version when the sexual offender works for a public entity and another, much harder version, when the offender works for a Catholic or private institution?" For instance, under Colorado law the application of sovereign immunity sharply limits the rights of an abuse victim suing a public school district for abuse. Even if there is no sovereign immunity, the abuse victim of a schoolteacher must file an initial claim within 180 days or the claim could be void. And even after the administrative hurdle is complete, damages are capped at $150,000. No such limitations are present when a victim sues a private entity. But Ms. Green said a bill to level the playing field will be coming shortly. Concerned Catholics question her credibility. "Now Rep. Green is back, targeting only private institutions again, saying she will introduce another bill that will address public institutions. What a shell game: If there is to be no difference in liability for private and public institutions, then they can be treated equally in the same bill," stated Mr. Donohue. Joe Murray can be reach at jmurray@thebulletin.us
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