By Brett Kelman
Pacific Daily News
November 2, 2009
http://www.guampdn.com/article/20091102/NEWS01/911020302/1002/Bill--More-time-to-file-charges--Cruz-aims-to-extend-statute-of-limitation-on-sex-abuse-cases
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If the professional community that helps victims will support him, Vice Speaker Benjamin Cruz will introduce a bill to allow victims who were allegedly sexually assaulted as children to sue their molesters decades later.
Two weeks ago victim advocates said it is difficult for a victim to be ready to face their molester in a courtroom in only the three years the current law allows.
According to Guam law, the current time limit for filing charges against a defendant accused of a sex crime against a minor is three years after the minor turns 18.
Cruz's bill would mirror a California law that revoked the statute of limitations for civil lawsuits against sexual molesters. The law led to hundreds of lawsuits and millions of dollars in settlements.
"Two months ago I asked the mental health professional if they thought this would be in the best interest of the victims," he said. "If this is not in the best interest of the victims and it would only cause more harm, I won't do it."
Cruz said he proposed the law to victims advocates, social workers and mental help professionals during the Guam Coalition Against Sexual Assault and Family Violence in August. He has not gotten a response yet, he said.
Currently, if a person is sexually assaulted on Guam, they must sue their molester within three years, Cruz said.
"But for those of us who it happened to 40 years ago, it's gone," he said.
Cruz revealed Oct. 19 that he was the victim of alleged sexual assault by a priest in Los Angeles as a boy.
In 2002, when the state of California allowed alleged victims to sue the their molesters decades after they had been abused, Cruz testified in a lawsuit against the Archdiocese of Los Angeles. The case was settled out of court.
Cruz said Oct. 19 that he had a copy of California legislation but was hesitant to introduce a similar bill on Guam. If he did, his new legislation would appear "retaliatory" because the Archdiocese of Agana has adamantly opposed another one of his bills.
Bill 185 would allow for same-sex domestic partnerships and Archbishop Anthony Apuron has stated that it would "contribute to the end of Western Civilization."
California law
According to the Associated Press, the law passed by California Legislature repealed the statute of limitations for civil claims of molestation for only one year. Although the law applied to all victims of sexual abuse -- not just those who allege wrongdoing against priests -- more than 850 cases were filed against Roman Catholic dioceses in California, the AP states.
Cruz said he believes similar sexual abuse exists on Guam. Archbishop Anthony Apuron declined to comment on the abuse allegations twice on Oct. 21.
Reaction
A pattern of new laws that were allowing victims to sue the people who molested them decades after abuse were sweeping the country, said. Dr. Ellen P. Biz on Oct. 21.
She would support a bill that could bring that pattern to Guam, Biz said.
The effects of sexual abuse can be devastating and long term. A lawsuit could bring closure, she said.
"It really empowers a victim when they can come forward, even if the abuse is years past when they were a child. It can be a significant part of the healing process if they can expose the wrongdoing of their perpetrator."
Biz is the medical consultant at Healing Heart Crisis Center, a 24-hour crisis center for rape victims.
She said studies show it takes a sexual abuse victim at least three years of therapy to cope with what happened to them, so unless the current law is changed, few victims would be ready to sue before the window to do so closes.
Vangie Cabacar, president of Victim Advocates Reaching Out, said that she could not comment on potential legislation because of grant funding restrictions.
But Cabacar did say sexual abuse victims sometimes call her organization just before their statute of limitations runs out. They are too scared to report the assault but yearn to do something, she said.
"All I can say about that is it takes a very very very long time for a victim of sexual assault to (overcome their memories) ... victims still call us back after so many years," she said.
Not everyone is certain that the legislature Cruz is considering would bring comfort.
Cerila Rapadas, executive director of Catholic Social Service, worried the bill Cruz was considering may cause unintended pain for victims who had dealt with their abuse.
Rapadas said that although some victims whose lives were derailed by childhood abuse may find closure and comfort by suing their victims, others who had put the pain behind them may have to relive their abuse. Victims might be hurt while the debate over Cruz's bill or the lawsuits that followed made headlines, she said.
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