BishopAccountability.org
	Bill Closes Child Sex Crimes Loophole By Pat Gillespie News Press May 3, 2010 http://www.news-press.com/article/20100503/CRIME/5030346/1075/Bill-closes-child-sex-crimes-loophole A bill awaiting Florida Gov. Charlie Crist's signature will give child sex abuse victims younger than 16 no time limits to pursue civil or criminal action. Lawmakers in Tallahassee earlier this week voted unanimously to pass House and Senate versions of a bill that eliminate statutes of limitations on filing criminal or civil actions relating to sexual battery of a child younger than 16. The law won't be retroactive, meaning it will only apply to cases after July 1, when it would go into effect. Under Florida law, there is no statute of limitations for most sexual battery crimes in which the victim is a minor. But for two crimes - if the victim is 12 or older and there's no physical force, or if the person is in a position of familial or custodial authority and commits a sexual battery - the statute of limitations is three years, according to an analysis of the House version of the bills. Assistant State Attorney Francine Donnorummo, who often prosecutes sex cases, said it appears the proposed legislation closes loopholes for sex crime cases. "This will be the small window of children under 16 who are sexually abused by someone they don't know," she said. "Yes, the prosecution gets more and more difficult as years go by. But this at least opens the door so we can look at it - at least we have the option." Fort Myers defense attorney Ian Mann said it will still be difficult for prosecutors to pursue cases that aren't reported for years because evidence, witnesses and memories fade. "It's a fairness issue," Mann said. "I can tell you I didn't do it, but how am I supposed to provide my alibi witnesses and other proof that I didn't do it?" Though Mann said he believes the proposed legislation will have more of an impact for civil cases because of the difficulty in proving old claims, he questions why it wasn't made retroactive. He cited allegations against the Catholic church in recent years of past abuse. "The problem is in the public eye right now," he said. "It almost feels like closing the barn door after the horses have left." State Sen. Dave Aronberg, whose district covers part of Lee County, created the Senate version of the bill. He said making it retroactive could have created constitutional issues. But he believes it will help protect children. "The bill was long overdue," said Aronberg, who is running for state attorney general. "There was no reason why a 12-year-old should only have three years to report, but an 11-year-old has a lifetime. It was a loophole in the law, and it protected child molesters." Aronberg said the bill doesn't necessarily hurt institutions, such as the Catholic church, which opposed the bill. Aronberg said plaintiffs will still have to prove negligence for a successful claim against a business or organization where abuse occurs. Florida Catholic Conference Executive Director Mike McCarron said he believes the bill could hurt the church or other organizations because they'll have to defend years-old claims. "We never, ever want to appear that we're not going to stand by victims," McCarron said. "We just felt it was irresponsible to have no time limit." Contact: pgillespie@news-press.com
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.