| Sex Abuse Lawsuit Bill Stalls
By Michael Symons
Asbury Park Press
August 21, 2012
www.app.com/article/20120820/NJNEWS1002/308200084/Sex-abuse-lawsuit-bill-stalls
TRENTON — State senators might vote next month on a bill that eliminates the statute of limitations for suing in childhood sexual abuse cases, after the plan couldn't muster the needed support Monday.
The proposal would apply retroactively and could allow victims to seek monetary damages from entities such as the Catholic Church and nonprofits that negligently employed abusers.
Seven of the 40 senators were absent from Monday's rare summer voting session, and bill sponsor Sen. Joseph Vitale, D-Middlesex, said the bill didn't appear to have support from 21 of the senators present. He'll try again in September, when senators — including four Democrats Vitale hopes will back the bill — are back from vacation.
State law has already been changed to eliminate immunity from civil lawsuits related to child sexual abuse for charitable organizations. The new proposal would retroactively allow lawsuits for past incidents, which are currently subject to a two-year statute of limitations.
Vitale said it's not enough to change the law prospectively.
"It doesn't forgive the sins of the past, so we need to make sure that those victims who have not been able to gain access to the court because of an arbitrary number, because of the way the court rules are, have that access, no matter how old they are," Vitale said.
A group of more than a dozen supporters of the change had converged at the Statehouse to witness an expected victory, only to leave disappointed.
"We fully expect that this is going to continue. We're not defeated in any way possible," said Gregory Gianforcaro, an attorney who has represented more than 200 men and women who allege they were sexually abused as children in New Jersey.
"Certainly a bit disappointed it didn't happen today, but we're absolutely certain that this will get done. It needs to get done, and I think our lawmakers know," said Mark Crawford, a victims' advocate who was molested as a child.
"They're either going to choose to do the right thing and protect children, or they're going to choose to protect powerful institutions and the predators that are harming our children. That's the choice here. There's no other way to see it. The law needs to be fixed, and it will get fixed. I have no doubt," Crawford said.
Vitale said the bill did have support from some Republican senators.
Contact: msymons@njpressmedia.com
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