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	Child Molestation Bill Wins Major Victory By Brandon Shulleeta Daily Progress January 31, 2011 http://www2.dailyprogress.com/news/2011/jan/31/child-molestation-bill-wins-major-victory-ar-811750/ Supporters of a bill that would extend the years in which child molestation victims can file lawsuits against perpetrators won a major victory Monday, garnering support from the Virginia Senate Courts of Justice Committee. The committee voted for a proposal that would increase the civil statute of limitations for child sexual abuse to 20 years, up from the current two-year limit. The Catholic Church has put itself in the eye of the storm by having a Virginia lobbyist argue that other states have lower civil statute of limitations periods than the 20-year proposal supported by senators. Because lawsuits can also be filed against organizations deemed complicit in child sexual abuse, including churches, some believe widening the window could spell new lawsuits against the Catholic Church. The Rev. C. Douglas Smith, executive director of Virginia Interfaith Center for Public Policy, said Monday that the state's oldest faith-based advocacy group is focused on providing victims justice, not debating whether the Catholic Church is handling child sexual abuse cases properly. "This is not a Catholic issue," said Smith, an ordained Protestant minister. "This is about victims and ensuring that they have access to the courts, and that's why we're supportive of the 20 years." Smith considers the two-year civil limitation inadequate, adding that it "probably should have been addressed years ago." Jeff Caruso, a Virginia Catholic Conference lobbyist, said the church supports a limit higher than two years but also wants something "reasonable." When the Senate Courts of Justice civil subcommittee considered last week voting for a limitation higher than the eight years called for by the House of Delegates, Caruso highlighted states with lower limitations. The subcommittee ultimately voted for a 20-year limit. Multiple attempts have been made to contact Bishop Francis Xavier DiLorenzo of the Richmond Diocese and Arlington Diocese Bishop Paul S. Loverde, but the men's aides deferred media inquiries to Caruso. Caruso said in an interview last month it could be difficult for organizations to defend against lawsuits claiming abuses occurred several decades ago, considering that evidence can become lost or stale and witnesses could be dead. Proponents of the legislation counter that the burden of proof rests with the accusers and depleted evidence only works to the benefit of the defendant. Sen. Chap Petersen, D-Fairfax City, has been the voice of opposition in the Senate. Early in his career, Petersen told the subcommittee last week, a law firm that he worked for took on multiple cases against the Catholic Church, most of which failed. However, one lawsuit involving a victim with repressed memory was not kicked out of court. "I will tell you the distinction between that case and cases that were kicked out, in my opinion, was based on he knew what to say in deposition and the others didn't. Statutes of limitations are arbitrary," Petersen said. "You have to have them though, because at some point, whether it's a valid claim or not a valid claim, time passes. And, you know, no amount of a civil recovery is ever going to change what happened, unfortunately." Petersen said he feels for the victims but doesn't support a change of the law, considering the clock doesn't start until the later date of when the victim turns 18 or, in cases that include repressed memory, when the victim discovers damage. Petersen, who was not at Monday's committee hearing when the vote was taken, sent a letter to colleagues urging them to give "significantly more scrutiny" to the proposal or carry the bill into next year's session. "No analysis has been done on the potential impact on nonprofits that serve children or their insurance costs," Petersen wrote. The House of Delegates voted to drop the limitation period to eight years, in a companion bill, after being lobbied by the Catholic Church. However, Del. David Albo, R-Fairfax County, said last week that he expects he'll be able to convince the House to raise the limit closer to his original 25-year proposal, perhaps in the range of 15 years. Sen. Frederick M. Quayle, R-Chesapeake, is the sponsor of the Senate bill. Sen. John S. Edwards, D-Roanoke, called for a 20-year limitation during last week's subcommittee hearing despite momentum appearing to shift toward a much lower limitation, so much so that Quayle had suggested settling for a 10-year limit. With the Senate Courts of Justice Committee backing the 20-year proposal, the legislation will have fierce momentum when taken up by the full Senate. It was unclear as of press time when or under what format delegates and senators might resolve conflicting statute of limitations proposals. In Virginia there is no criminal statute of limitations for felony child sex abuse cases. The proposal would not change that. Child protection organizations have said extending the civil statute of limitations could greatly reduce child molestation by revealing offenders and generating evidence in civil cases that can be used in criminal cases. Some advocates of a longer window to file lawsuits also contend that an extension is in order because many victims — some of whom were groomed by perpetrators to believe they were willing participants in sexual acts that they should be ashamed of — are unable to acknowledge the trauma and face their perpetrators until their 40s, 50s or later. The proposed civil limitation extension does not have a retroactive provision, meaning the bill would not allow victims to file lawsuits against perpetrators who have already escaped the two-year civil limit.
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