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  Time Limits Will End to File Sex-Abuse Cases

By John Frank
Miami Herald
April 27, 2010

http://www.miamiherald.com/2010/04/26/1599518/time-limits-will-end-to-file-sex.html

Despite concerns expressed by the Roman Catholic Church, the Legislature approved doing away with a statute of limitations on sex-abuse cases involving kids.

Michael Dolce took 20 years to tell his story. And by then it was too late.

The neighbor who raped him at age 7 never saw a courtroom because the time limit to file a case expired.

"I was absolutely terrorized," said Dolce, 41, a Royal Palm Beach attorney. "And it took a long time to get to a place in recovery where I could even say the name of the man who did this to me."

Dolce began telling lawmakers this story six years ago, and it was recounted one final time Monday as the House and Senate unanimously approved a measure to eliminate time limits for filing criminal and civil cases for sex crimes involving children.

The effort has met resistance for years from the Roman Catholic Church.

Amid the widening sex-abuse scandals involving some clergy members, the Florida Catholic Conference quietly worked this year to defeat the bill.

Mike McCarron, a lobbyist for the Catholic Conference, said the church does not want to limit criminal cases, but is concerned about the possibility of defending civil lawsuits seeking thousands of dollars in damages decades after the incidents took place.

"There will be instances where the institution is not aware of any abuse, and they will have to defend it anyway," McCarron said.

Given the timing, McCarron acknowledged the negative perception of the Catholic Church fighting the legislation. His group never testified against the effort, but sent letters to Senate President Jeff Atwater, R-North Palm Beach, and sought to amend it.

"You don't want to look as if you don't care about children," McCarron said. "We do care deeply about children."

He said the scandal is "the foremost concern" for the church, as demonstrated by the Vatican's recent actions. "You can look at what the church has done to protect children," he said.

Under current Florida law, a child who is a victim of certain sex crimes can press criminal charges only until age 21. The statute of limitations in a civil case against the perpetrator typically expires after age 25, and one against an institution four years after the incident. Current law already has no statute of limitations for children younger than 12.

The legislation (HB525), while too late for victims like Dolce, makes it easier for future victims to seek justice in a courtroom and recover damages.

Gov. Charlie Crist said recently he would sign it into law.

"This is one of the major undone pieces in regard to the state addressing the needs of sexual-violence victims," said Terri Poore, a lobbyist for the Florida Council Against Sexual Violence.

The bill won approval this year with help from victims like Dolce and Lauren Book-Lim, the 25-year-old daughter of lobbyist Ron Book.

Book-Lim, who recently completed a 500-mile walk from Miami to Tallahassee to raise awareness of the issue, was molested by her nanny as a child. Along the way, she said, she heard from numerous victims who were never able to confront the perpetrator or obtain justice.

"There is no statute of limitations to a victim's suffering," she said after watching the unanimous votes in the House and Senate.

Dolce watched, too. Even though he had told his painful story numerous times before as he pushed the bill for the past six years, hearing it recounted once more on the Senate floor before the vote brought him to tears.

"I hope it gives others courage to come forward," he said.

 
 

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