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  Va. Extends Sexual Abuse Suit Deadline to 20 Years

By Bob Lewis
Delmarva.com
February 25, 2011

http://www.delmarvanow.com/article/20110224/NEWS01/110224043/1002/Va-extends-sexual-abuse-suit-deadline-20-years

The time limit for sexual abuse victims to sue their attackers would be extended from two years to 20 years under legislation the General Assembly passed on Thursday.

The measure, which evoked tearful and wrenching stories from victims testifying in legislative committees, passed unopposed and with little debate in a group of uncontested bills. It now heads to the governor’s desk.

Criminal charges can still be filed against sexual predators for the rest of their lives.

The 20-year limit for civil lawsuits begins either when the victim turns 18 or, in the case of repressed memories, from when he or she realizes the abuse.

That could subject the abuser and others complicit in the abuse to legal action for decades after the act. That’s necessary, said bill sponsor David Albo, because the victim’s mind sometimes rationalizes or even hides painful memories.

“You can think about it the way you do in your brain because you grew up without these things happening to you,” Albo, R-Fairfax County, said in urging the House to support the bill.

Some children may think growing up that if a person of trust such as a parent or authority figure abused them, then it was all right, he said.

“In the future, they all of a sudden realize through therapy, for example, that yes, what happened to me was a crime. I’ve known about it all my life but didn’t know it was a crime,” Albo said.

During impassioned hearings before the House and Senate Courts of Justice committees, victims — including former NFL player Al Chesley — told stories of being raped or molested as children. Lawmakers sat rapt and speechless.

“What we’re doing is saying that these cases are somehow different and need a different statute of limitations,” said Albo, R-Fairfax County.

It passed despite strong lobbying for shorter deadlines from the Roman Catholic Church, which has been beset by priest sex scandals that triggered lawsuits nationwide.

Now, it heads to Gov. Bob McDonnell, who is Catholic, to amend, veto or sign into law. McDonnell, through a spokesman, declined to discuss the legislation Thursday.

Jeff Caruso, the executive director of the Virginia Catholic Conference, would not discuss efforts to persuade the governor to reduce the time limit.

“We will have to review the bill that was passed and compare it to what other states have done,” Caruso said.

 
 

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