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	Virginia Senate Oks Extending Time for Sex-abuse Lawsuits By Dena Potter Pilot Online February 3, 2011 http://hamptonroads.com/2011/02/va-senate-oks-extending-time-sex-abuse-suits The Virginia Senate on Wednesday advanced a bill that would give sex abuse victims much more time to file lawsuits despite arguments that the measure could make it more difficult for the accused to defend against decades-old claims. On a voice vote following lengthy debate, the Senate moved the bill toward a recorded vote that could come Thursday. The proposal would extend the time to file a lawsuit from two years to 20 years. The time period begins when a child turns 18 or, in the case of repressed memories, from when they realize they were abused. Supporters fought off efforts to scale back the proposal to eight years, similar to a separate bill that was passed by the House of Delegates last week. The debate has pitted the Catholic Church, which has been involved in hundreds of lawsuits nationally involving priests sexually abusing children, against child advocates in an increasingly bitter fight. A lobbyist for the National Association to Protect Children last week said those trying to defeat the bill needed to "find God," which drew a quick rebuff from Sen. Chap Petersen, a Fairfax Democrat who is one of the proposal's most outspoken opponents. "I don't want anyone to think that they can criticize a religious institution in this state for participating in this political process and have it go unnoticed by a member of this body," Petersen said on the House floor this week. On Wednesday, Petersen argued that extending the statute of limitations to file lawsuits diminishes the rights of the accused to mount a defense. Imagine, he said, a 40-year-old Little League coach who must defend himself when he's 70 against charges he molested a child decades earlier. "The reason we have a statute of limitations is not to take away people's rights to sue, it's to make sure that defendants have access to facts so they can defend themselves in these types of claims," said Petersen, a Protestant. His attempt to water down the bill led to heated exchanges with fellow Democrats. "Would you say that a 70-year-old shouldn't have an action filed against him ... if in fact he did abuse that 8-year-old?" Senate Majority Leader Richard Saslaw, D-Fairfax, asked. "This is about giving people the opportunity to defend themselves," Petersen countered. There is no time limit to file criminal charges. Sen. R. Creigh Deeds said that is more serious than civil lawsuits, which can result in payment for damages. "I'm trying to understand why we need to be worried about the rights of that defendant, that abuser, to defend himself civilly," said Deeds, D-Bath. Petersen shot back, asking Deeds "if he's so naive to think it's the individual who would get sued" as opposed to the church or nonprofit, such as the Boy Scouts of America. "I would ask the gentleman if there are individuals or parts of institutions that are somehow protecting an abuser from disclosure, should they not have some civil liability?" Deeds asked. Petersen said as a trial lawyer he had represented such victims. But he said he worried about those who are innocent being able to defend themselves. He and others questioned picking an arbitrary number of years with no justification for it. The original proposal called for 25 years. Sen. John Edwards recounted emotional testimony during the subcommittee he chairs in which those who said they were abused said they couldn't come to terms with their abuse for decades. "I don't know what the statute of limitations should be, but I don't think it should be the two years that it is now. I don't think it should be eight years," said Edwards, D-Roanoke. "Is 20 correct? ...It needs to be up there." Jeff Caruso, executive director of the Virginia Catholic Conference, has said his organization hasn't identified an exact number of years it would support, but that it must be "reasonable." Sen. Mark Obenshain also said the bill raised a "question of fundamental fairness." "To have to think about defending a case that involves facts that occurred 20, 30 years ago, maybe even 40 years ago is truly mind-boggling," said Obenshain, R-Harrisonburg. "There is no possible way that a defendant in a suit like that can possibly get a fair trial." Supporters argued that the accuser would have to prove the abuse happened. Obenshain said that is easier to do in a civil lawsuit than in a criminal case, which must be proved beyond a reasonable doubt. Camille Cooper, the lobbyist with the National Association to Protect Children, called the Senate vote a "major victory," but called on the House to "rise to the occasion" by increasing the time limit on its proposal. Sen. Janet Howell said the issue should not be about the churches or the nonprofits, but about the victim. In Virginia, she said, one in every four girls and one of every seven boys is sexually abused by the age of 18. "We have to able to give assurances to these children as they grow older that they can get justice. They need justice. We need to make it equally clear to the scumbags and perverts out there praying on our children that we will not forget," the Fairfax County Democrat said, as applause rang out in the usually subdued gallery. Each chamber's bill heads to the other for consideration.
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