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  Sex Abuse Victims Plead for Bill

By Annysa Johnson
Milwaukee Journal Sentinel
October 22, 2009

http://www.jsonline.com/news/statepolitics/65390887.html

Measure would repeal statute of limitations on childhood cases tied to clergy or incest

Madison — Victims of childhood sexual abuse on Wednesday urged a legislative committee to support a provision that would make it easier for victims to sue their assailants for damages.

But church leaders and others objected, calling the measure unconstitutional and saying it would unfairly target clergy and nonprofits, and could bankrupt faith communities.

"The average size of a Christian congregation in Wisconsin is 150 members," Scott Anderson, executive director of the Wisconsin Council of Churches, told the Assembly Committee on Children and Families. "One court case could destroy a local church."

The committee is considering Assembly Bill 453, which would repeal the state's civil statute of limitations on childhood sexual abuse cases involving clergy and incest - under existing law victims can sue now until they reach the age of 35 - and open a three-year window for victims who had been barred previously from suing.

The so-called Child Victims Act is modeled after legislation passed in California and Delaware.

The California law has resulted in identification of 300 previously unknown sex offenders, according to the bill's sponsors, who hope it would have a similar effect here.

"By opening the statute of limitations, we will be able to cast a wider net to catch these individuals who sexually prey on children," said Sen. Julie Lassa (D-Stevens Point).

That would be devastating for the Archdiocese of Milwaukee, which was pushed to the brink of bankruptcy by a California settlement, said William P. Callahan, acting administrator.

Victims and child safety advocates voiced support for the bill, calling the existing statute of limitations arbitrary and saying many factors conspire to keep victims silent.

They said only a small percentage of cases involve clergy, so church concerns should not derail the measure. They called the Catholic Church's voluntary settlements to victims paltry and said the only way to get information about abusers has been to sue.

One woman wept as she interpreted her deaf father's account of his molestation by a Catholic priest. Another told how he was pulled out of class at the age of 7 and molested by a priest. Not all of the victims who testified had been molested by clergy.

"The goal of survivors has nothing to do with money," said Laurie Asplund, who told the committee she was sexually assaulted at the age of 15 and now counsels victims.

"It's about getting a piece of your soul back."

Critics, including attorneys for business and tort reform groups, said the bill as drafted sets up a disparity between nonprofit and religious workers and school and government employees. They said that statutes of limitations provide due process for defendants, that Wisconsin's age 35 limit is longer than most, and that retroactively amending statutes of limitations has been found unconstitutional.

Retired Milwaukee County district attorney E. Michael McCann, who has been criticized for his handling of sex abuse cases and now volunteers for a Catholic social service agency, said it is the poor who would be hurt by settlements that result from the measure.

"The people who will be hurt are the poor who get the social services" provided by churches and nonprofits, McCann said.

 
 

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