Former Sen. Klitzkie Proposes Broadening of Bill 326

By Louella Losinio
Guam Daily Post
June 27, 2016

http://www.postguam.com/news/local/former-sen-klitzkie-proposes-broadening-of-bill/article_2cece884-3c4b-11e6-9b53-8f7007ca09da.html

Former Sen. Robert Klitzkie, offering testimony in support of Bill 326-33 yesterday, said during a public hearing at the Guam Legislature that “broadening the measure is a good start toward providing justice to those who have been sexually abused by clergy and preventing such abuse in the future."

The measure, authored by Sen. Frank Blas Jr., would amend current law relative to the statute of limitations in cases involving child sex abuse.

Klitzkie said he is a lawyer but was not representing anyone yesterday.

He said justice requires broadening the reach of the legislation to provide relief to those who have suffered at the hands of child sexual abusers and to include not only the abusers but also their enablers, aiders or abettors, those who are acting in concert with them and their religious institution or corporations.

“The Cs are referenced here – condonation, cover-up and conspiracy," he said. "Recent history tells us that the three Cs are all too prevalent in the worldwide Catholic Church. The institutional hierarchy of the church condones, covers up and conspires to prevent victims of child sexual abuse from attaining justice,” he said.

When allegations of abuse first surfaced, he said his inclination was whoever committed the acts should be made to pay and that the institution – the Archdiocese of Agana – may not be held liable in order that justice be made available to the victims whose claims have been barred by the statutes of limitations.

“If the statutes of limitations for child sexual abuse be removed prospectively, and reopened retroactively, the hierarchy and processes of the church would be sufficient to clean up the church so that child sexual abuse would become no more than a bad memory. I was wrong.” he said.

Klitzkie pointed out that scandal now saturates the church, so egregiously that the pope has sent an apostolic administrator to take over the archdiocese.

However, the new administrator has demonstrated that if an end is to be put to child sexual abuse and misconduct, it won't be done by the church hierarchy.

“It must be accomplished by the laity,” he said.

Klitzkie said the existing relevant laws failed to open a window for victims of sexual abuse because of a negative incentive provision which created a “chilling effect.”

Citing the provisions, he said: “If the court finds that there has been failure to comply with a certain section, the court shall award the party any reasonable expenses incurred by the defendant. The term reasonable expense is unknown, if you were someone who is filing a 40-year-old claim, you wonder what reasonable expenses mean?”

He added that a violation of a specific section constitutes unprofessional conduct and would be grounds for the discipline of the attorney.

He said the chilling effect is sufficient to dissuade counsel from taking action for child sexual abuse – no matter how meritorious the claim.

“Although one section of the law claims to open a window - there is so much negative incentive included in the other provisions of the law,” Klitzkie said.