State House News -- Deleo Sees Path for "Constitutionally Correct" Child Abuse Bill

By Kyle Cheney
Wicked Local Pembroke
March 27, 2012

http://www.wickedlocal.com/pembroke/newsnow/x221016402/State-House-News-DeLeo-sees-path-for-constitutionally-correct-child-abuse-bill#axzz1qLQKnO00

Boston —

House lawmakers are working to redraft a plan that would eliminate time restrictions on prosecuting perpetrators of sexual abuse against children, Speaker Robert DeLeo said Monday, indicating that a “constitutionally correct” version of the proposal could be passed into law by the end of July.

“At the end of the day, we have to come up with a bill that will pass constitutional muster and you know that has to be something of a concern,” DeLeo told reporters after exiting a meeting with Gov. Deval Patrick. “Because at the end of the day if we do not do that, then the first time this bill is tested and is thrown out, you know, it will come back to fall on the Legislature as to why so-and-so wasn’t convicted because the statute wasn’t constitutionally correct.”

“We’ll take some more time and make sure at the end of the day we’ve got a bill that has that balance,” he added. “Some of the attorneys representing some of the victims have been to my office expressing concern. I’ve got some folks in my district expressing concern … Hopefully we’re going to be able to get something done.”

Eliminating the so-called statute of limitations for sexual abuse crimes against children has been a wrenching issue on Beacon Hill over the years, with victims of abuse, and their attorneys, deluging lawmakers with appeals to loosen the statute of limitations or repeal it outright. In recent weeks, supporters of that change have claimed that more than 100 members of the 160-member House have signified support for the proposal (H 469) sponsored by Majority Leader Ronald Mariano.

In 2006, legislators extended the limit from 15 years after an alleged victim’s 16th birthday to 27 years. But victims have continued to step forward, arguing that even the extended limit failed to give them recourse against the sexual predators that had harmed them decades earlier.

The issue flared last week, when Rep. Eugene O’Flaherty, co-chair of the Committee on the Judiciary, took exception to a Boston Globe column that portrayed him as an obstacle to advancing a bill that would eliminate the statute of limitations. O’Flaherty has questioned the policy and defended the importance of prosecutorial limits, but he has denied singlehandedly blocking the bill’s passage. Several days before the column, written by Kevin Cullen, the Judiciary Committee released the bill.

The exchange prompted O’Flaherty to indict the legislative process, which he said has been increasingly driven by emotional, reactive politics, rather than sober decision-making. He also argued that proponents of certain policies have taken to personal attacks and vilification as tools to advance their agenda.

Asked about the contentions, DeLeo called the 2011-2012 legislative session unusually packed with hot-button issues.

“I think that this year for whatever reason it seems that we’ve had a whole host of more issues that maybe have been more emotional, shall we say,” he said. “I use emotional but I mean if anyone’s involved with having a -- whether it’s a child abuse story or whoever it may be abused, obviously it’s going to be an emotional issue. I think some of, maybe, people who have been on [O’Flaherty’s] case, so to speak, relative to movement of the bill, can be difficult. On the other hand, he is the chair of judiciary, some very difficult decisions to make. “