Sex Abuse Bill Would End Statute of Limitations

By Bob Jordan
Courier-Post
January 6, 2012

http://www.courierpostonline.com/article/20120106/NEWS01/301060025/Sex-abuse-bill-would-end-statute-limitations

TRENTON — A state Assembly committee Thursday advanced a bill that could widen opportunities for lawsuits to be filed by adults who were victims of childhood sexual abuse.

The measure would eliminate the two-year statute of limitations for civil action on abuse acts and expand the categories of persons, beyond the predator, who could be held liable.

For instance, under the legislation trustees and employees of an organization who know about abuse but don't act to prevent it could be sued, but only if they have supervisory or oversight status over the person committing the offending act.

Bill sponsors said the need for action drew new attention after sex-abuse charges came to light at Immaculata High School and with the former assistant football coach Jerry Sandusky case at Penn State University.

Numerous witnesses told the Assembly Judiciary Committee that the bill is needed, including a Bayonne man, Mark Crawford, who said he was sexually abused by a priest beginning when he was 13.

Crawford, now 49, said by the time he came forward it was too late to prosecute or file a civil action due to the statute of limitations.

"I was abused as a teenager. It was until I was 36 when my brother, who was also abused, experienced emotional turmoil that this became an issue for me," Crawford said.

The proposal, which is tentatively scheduled for full legislative approval votes on Monday, hit some resistance during the hearing. Neither of the two Republicans on the six-person panel voted in favor.

Assemblywoman Caroline Cassagrande, R-Monmouth, was granted amendments by majority Democrats to remove unsuspecting volunteer board members from liability but abstained during the voting.

Assemblyman Michael Patrick Carroll, R-Morris, voted against, saying bill language makes charities and churches easy lawsuit targets, even for actions by rogue members.

But that component is of significant value, countered Senator Joseph Vitale, D-Middlesex, the sponsor in the upper house, because it "serves as a hell of an incentive for these organizations to clean up their acts,'' he said.

Patrick Brannigan, executive director of the New Jersey Catholic Conference, urged panel members to reconsider support.

The bill "would guarantee lawsuits for claims that are 30, 40 and 50 years old," and create "the promise of enormous windfalls for lawyers," he said.

Brannigan said the state's Catholic dioceses have implemented "safe environment" education programs.

"We have trained over 150,000 adults and 50,000 children to be able to identify abuse," said Brannigan, adding that the churches "are attempting to resolve voluntarily and expeditiously all complaints without regard to" time limits.