By Erin Thompson
Pacific Daily News
February 8, 2011
http://www.guampdn.com/article/20110208/NEWS01/102080303
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| Speaking out: Jonathan Diaz, right, pauses in his seat after speaking out against the Catholic Church while Deacon Jeff Barcinas continues to lay out the Archdiocese of Agana's opposition to Bill 34 at a public hearing at the Guam Legislature yesterday. (Erin Thompson/Pacific Daily News/egthompson@guampd) |
The issue of child sexual abuse -- and the repercussions it may have to the Catholic Church -- came center stage yesterday during a hearing on two bills.
Bill 34, introduced by Vice Speaker Benjamin Cruz, would provide a two-year window for victims of child sexual abuse to file cases in the Superior Court of Guam.
Deacon Jeff Barcinas spoke on behalf of the Archdiocese of Agana and said the measure would unfairly target the Catholic Church.
"This window legislation retroactively suspends the statute of limitation for childhood sexual abuse damage claims so that lawsuits filed during a specified period can proceed, regardless of whether the alleged abuse occurred five or 70 years earlier," said Barcinas.
Barcinas cited lawsuits filed against the Catholic Church after similar legislation was passed in California and said the local bill is a response to the Catholic Church "rightfully advocating the views of our faith."
"Protecting all children is a necessary priority, but ... this proposed legislation does not protect children," Barcinas said. "Its primary function is not about child protection, but retroactively reviving time-barred claims, and providing monetary damages for individuals who are well into middle age and beyond."
Barcinas called upon abused individuals to report to the proper authorities "as soon as possible" and for "fair laws" in dealing with the issue of sexual abuse.
"Fair laws strike the right balance between the competing demands of compensating victims and funding present services," said Barcinas.
Jonathan Blas Diaz, who launched an unsuccessful bid for the Legislature last year, testified that he was a survivor of Catholic clergy sexual abuse on Guam. He said he didn't feel the bill targeted the Catholic Church.
"It's targeting institutions that continue to allow us, the little people, who have no voice," said Diaz.
Diaz declined an interview with the Pacific Daily News following the hearing.
Bill 33
Earlier in the hearing, senators heard testimony on Bill 33, also introduced by Cruz, which would abolish a statute of limitation on sex crimes committed against victims under the age of majority. During the discussion of the bill, health-care professionals, social workers and members of the law enforcement community came forward to speak in support of the measure.
Arthur San Agustin, acting director of the Department of Public Health and Social Services, said that of the approximately 1,000 reports of abuse made to Child Protective Services, child sexual abuse ranked third, below physical abuse and neglect.
"This is not to say that incidents of sexual abuse are not prevalent, but may be indicative of the fact that a child victim is unable to understand, recognize or talk about their victimization until ... years later," Agustin said in written testimony.
Agustin said both bills would not only provide a means of healing for victims, but also stop a perpetrator who may likely be victimizing other children.
Dr. Ellen Bez, president and founder of the Guam Sexual Assault and Abuse Resource Center Association, spoke in support of the two bills.
She said while one in four girls and one in six boys will have experienced some form of sexual abuse before the age of 18, 60 to 80 percent of those incidents aren't reported to authorities. Bez said children need to mature in order to comprehend their abuse and cited statistics that found that many victims of child sexual abuse took more than three decades to disclose their abuse.
She encouraged Guam to join a number of U.S. states that have eliminated the statute of limitations on child sexual abuse.
The committee also heard testimony on Bill 41, which would include cyberbullying among crimes punishable under Guam law, and Bill 53, which would allow for the expungement of crimes following an executive pardon of a crime.
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