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  Session Update: Senators Move Sex Abuse Liability Bill to Voting File

Pacific Daily News
February 23, 2011

http://www.guampdn.com/article/20110223/NEWS01/110223013/1001/NEWS/%3Cb%3ESESSION+UPDATE+%3C/b%3E+Senators+move+sex+abuse+liability+bill+to+voting+file+

After an all-day discussion, senators voted to move a bill that would open a two-year window for vicitims of past child sexual abuse to file suit in the Superior Court of Guam.

Bill 34, introduced by Vice Speaker Benjamin Cruz, would give an opportunity for those who had experienced child sexual abuse on Guam but whose claims had expired to file civil suit in court.

The bill is the second piece of legislation dealing with the issue of sex abuse introduced by Cruz. He also introduced Bill 33, which would eliminate the statute of limitation on crimes involving sexual abuse. The bill was discussed in session earlier in the week and moved to the voting file.

Bill 34, however, was met with both criticism and support from members of the Legislature during what turned into an all-day discussion.

Sen. Frank Blas, Jr., said that the bill would have a "monumental" effect, and questioned whether or not it would strengthen the law enough so that sexual abuse would "never be done again."

Sen. Ben Pangelinan rose in support of the bill, and criticized the defensive posture taken by representatives of the Catholic church in response to the bill.

"This bill will help us empower the powerless and to stop enabling the powerful," said Sen. Ben Pangelinan.

Much of afternoon's centered around an amendment to the original bill.

After the bill was heard in committee, Cruz proposed an amendment that would require a certificate of merit to support the allegations. The language would require that an attorney and mental health practitioner provide an assessment on the veracity of the claims.

The amendment is similiar to language included in a California law, Cruz told lawmakers.

Sen. Rory Respcio, however, criticized the inclusion of statements by witnesses as corroborative evidence supporting the veracity of claims, and moved to have the language stricken from the bill.

Cruz objected to the amendment, and said the inclusion of statements by witnesses is a legal standard of corroborative evidence. He said to change the language would "rewrite" 200 years of court operations.

Respicio's amendment failed in a vote on the floor.

Another issue discussed by the senators was language that would hold institutions, as well as perpetrators, liable if those institutions are found to be grossly negligent in taking care of a child who was abused.

While Cruz agreed to amend that portion of the bill — in order to only single out perpetrators — Sen. Aline Yamashita spoke against amending the bill to eliminate institutional liability.

The amendment was eventually accepted by the majority of the legislators.

 
 

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