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	Supporters Urge Vote on Lifting Statute of Limitations on Child Rape By Matt Murphy Taunton Gazette September 27, 2011 http://www.tauntongazette.com/politicker/state/x463308844/Supporters-urge-vote-on-lifting-statute-of-limitations-on-child-rape BOSTON — Victims of childhood sexual abuse pleaded with lawmakers on Tuesday to allow a vote on a bill that would repeal the statute of limitations for sexual abuse crimes committed against children, suggesting that a majority of House members already support the bill. "All we're asking for is that when children become adults and they want to confront their abuser they get a fair fight," said Carmen Durso, an attorney and board member of Massachusetts Citizens for Children. Victims, family members and advocates for repealing the statute of limitations delivered emotional testimony on Tuesday afternoon before the Joint Committee on the Judiciary after staging a rally outside the State House where they argued survivors should not be victimized twice because of the time it takes to come to grips with their abuse. The bill, filed by House Majority Leader Ronald Mariano, would eliminate the criminal statute of limitations for indecent assault and battery and rape for all minors, eliminate the "defense of charitable immunity" with respect to childhood sex abuse claims, and provide crime victim compensation funds for mental health treatment to childhood sexual abuse victims who report the abuse as adults. Standing on the steps outside the capitol surrounded by photos of children victimized by sexual abuse, supporters of the bill (H 469) called on Judiciary Committee Chairman Rep. Eugene O'Flaherty and House Speaker Robert DeLeo to release the bill from committee and bring it to the floor for a vote. "We know this bill would receive enough votes for passage," said Jetta Bernier, executive director of MCC. The bill has 41 co-signers this session. In 2006, the Legislature extended the statute of limitations on sex crimes against children from 15 to 27 years from their 18th birthday. Supporters said 41 states have already abolished the statute of limitations on criminal sexual abuse crimes against children. "We knew we'd be back because repeal is what we want and what children and victims must have," Bernier said. Mariano, who did not attend the hearing, told those at the rally that sharing their stories with lawmakers will help them better understand the issue. "I can't believe we can't get this done," said Mariano, who later told the News Service he believes the bill needs tightening, specifically around the area of charitable immunity. Current law protects public charities by capping compensatory damages at $20,000, but the bill would lift that immunity for cases of "intentional or negligent conduct which caused or contributed to the sexual abuse of a minor." Mariano told the News Service the charitable immunity sections might have to be revised, noting the prevalence of non-profit hospitals, universities and other organizations in Massachusetts. "I'm willing to work with the committee to get a bill everyone can support. It's hard to be against the concept," Mariano said, adding that he had not spoken to DeLeo about bringing the bill forward for a vote. Mariano's office said the Quincy Democrat has filed variations of the bill since 2002. Asked about repealing the statute of limitations, Attorney General Martha Coakley said protecting children is of paramount importance, but declined to take a specific position on the bill. "I don't know this specific bill. I'd want to look at little further into what the pluses and minuses are. We do obviously want to encourage people to come forward as soon as possible, but you also want a statute of limitations that allows for victims to be able to come forward at a time that's appropriate for them, and certainly hopefully within a time period when a case can still be prosecuted," Coakley said. Though no one testified against the bill, a spokeswoman for The Massachusetts Hospital Association said the organization believes the charitable immunity cap should remain in place. Rep. John Keenan (D-Salem) and Rep. Shaunna O'Connell (R-Taunton) also attended the rally, and offered their support. "As I walk up the stairs and see the pictures of these young children, children who could be mine, it's heart wrenching to see that these children have been victims of such predators…," Keenan said. "I don't think a single legislator in the entire State House is going to argue with you when we talk about providing for a fair fight." Offering personal stories of abuse, former tennis player Heather Conner and former National Football League linebacker Al Chesley lent their support to the effort, joining the rally before testifying at the committee hearing about why victims might wait before coming forward about abuse. Conner only recently told her story to the Boston Globe a month ago about being abused by her tennis coach and hall-of-famer Bob Hewitt for years as a teenager starting out in the sport. "I did try to move on and forget about things, but the time for me was when I was 48. I have young daughters and they're the age I was and I just couldn't ignore, so I had to share my secret," Conner said, describing her 15-year relationship with Hewitt as a teenager. Chesley, who played for the Philadelphia Eagles and Chicago Bears from 1979 until 1984 and on the 1976 University of Pittsburgh national championship team, also recounted his abuse at the hands of a neighborhood police officer in Washington D.C. "I'm hoping to convey the message of how important it is to at least push out the statute of limitations 20 years if not repeal it altogether because you're lucky if you can ever come out," Chesley said, recalling how he was only able to admit his abuse as a teenager publicly five years ago at age 48. Mitchell Garabedian, who prosecuted many of the clergy sex abuse cases in Massachusetts, said sex crimes against children should be treated the same as more violent crimes. "There's no statute of limitations on murder, and this is slow murder," Garabedian said. Jeff Dion, of the National Crime Victim Bar Association, told the Judiciary Committee that all the bill supporters want is a chance to present their cases in court whenever a victim feels comfortable coming forward. Dion said statutes of limitation only protect the abusers, and those individuals can go on to reoffend even into old age. "We find them in walkers and wheelchairs still molesting kids because pedophiles don't retire," Dion said.
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