Stricter Molestation Law Approved by House

By Carrie Budoff and Alaine Griffin
Hartford Courant
May 9, 2002

After calming fears about violating the confidential Catholic confessional, the state House of Representatives approved a bill Wednesday that vastly extends the statute of limitations on child molestation and toughens penalties for abusers.

Before voting unanimously to send the legislation to the governor for his signature, the House eliminated language that some lawmakers interpreted as requiring clergy to break confidentiality during confessionals when they had reason to believe a child was at risk of imminent injury from sexual abuse.

Gov. John G. Rowland said he would sign the bill. The legislature acted appropriately in removing the provision that could have shattered the private seal of the confessional, Rowland said.

"I think that what a priest hears in a confession, he cannot, under his vows, release to the public or anyone else," said Rowland, who is Catholic. "We should not be making priests, in the state of Connecticut, our policeman. The sanctity [of the confessional] has to be protected."

The controversy in recent days over whether privileged communications between clergy and parishioners should be subject to disclosure had, to some extent, overshadowed the underlying bill.

The measure calls for a change in state law that would allow child molestation victims to seek criminal prosecution of their abusers for 30 years after they turn 18, or up to age 48, if the crime has not been reported previously to police. The statute of limitations would be waived for the most serious cases of molestation -- first-degree sexual assault, which involves the use or threat of force.

Under existing law, the statute of limitations expires after a victim turns 20. Cases that are reported to police must be prosecuted within five years, under both the old and new laws.

Rep. Kevin Ryan, D-Montville, originally proposed the bill several years ago at the urging of a constituent who had been molested. But the bill gained urgency this year because of the overwhelming attention -- both nationally and locally -- on child abuse cases involving clergy.

The sanctity of the confessional surfaced as an issue after the House last week approved the original version of the bill that would strengthen the obligations of clergy and others who are in contact with children to report any knowledge of child molestation or abuse to authorities. Although clergy have been included among the state's "mandated reporters" for more than three decades, the bill says there is no exception for privileged communications that might occur in a confessional.

Rep. Michael P. Lawlor, D-East Haven, said he was simply trying to clarify an apparent conflict in state statutes between one law that makes clergy mandated reporters of child abuse and another law that shields confidential communications made to clergy.

But a bipartisan coalition of state senators started a movement Tuesday to strip the bill of the controversial provision. They said the state law that protects confidential clergy-parishioner communications superseded any requirements for clergy to act as mandated reporters.

"It's an open question," Lawlor said. "It's an honest disagreement."

By Wednesday evening, lawmakers still had not rectified the conflict.

"Frankly I'm a little disappointed that we didn't clarify it," said Rep. Robert Farr, R-West Hartford.

In the final hours of the 2002 session, several measures received final legislative approval including a bill banning smoking in college and university dormitories.

State Rep. Themis Klarides, R-Derby, the chief proponent of the bill, said allowing students to smoke in dorms "goes against everything we stand for up here in protecting the health of our young people."

The bill passed in the House 137-9, and in the Senate 28-8.

Anticipating the bill, the University of Connecticut decided to ban smoking in dormitories by fall 2003. Southern Connecticut State University planned to implement similar rules.

The governor is expected to sign the bill. It would take effect July 1, 2003.

Legislators also approved a bill that would create a debit-card system for inmates who make phone calls from prison.

Rep. Anne McDonald, D-Stamford, who introduced the bill, said collect calls inmates make are costly and families of inmates often are not able to afford them. With the debit-card system, family members could add money for the phone calls to an account for the inmates.

In the waning hours of the session, hope faded for several high-profile bills, including a measure to give municipalities the right to restrict smoking in public places. In addition, a popular proposal to reduce the state's drunken driving limit from 0.10 percent to 0.08 percent blood-alcohol content died but could be resurrected in a special session that was set to be called after midnight Wednesday.

LOAD-DATE: May 10, 2002