BishopAccountability.org
 
  Advocates Seek Lifting of Time Limit in Abuse Cases

By Charles Honey
Grand Rapids Press
October 7, 2006

http://www.mlive.com/news/grpress/index.ssf?/base/news-1/116020368153080.xml&coll=6

Ada Township -- Whether a child is sexually abused by a teacher, a priest or a scout troop leader, to Rosemary Murphy the issue is the same: Abused children deserve justice even as adults.

That is why the Catholic activist favors legislation to repeal Michigan's statute of limitations for the sexual abuse of minors.

She and other members of the church reform group Voice of the Faithful plan a forum Thursday about a law they say discourages some past victims from coming forward and, perhaps, emboldens abusers.

"If perpetrators know the statute of limitations is going to open them up to civil recourse for a number of years, hopefully, that will prevent some abuses," said Murphy, a founder of the local VOTF.

Helen Brinkman, an assistant Kent County prosecutor and circuit judge candidate, and Calvin College psychology Chairman R. Scott Stehouwer are scheduled to speak at the forum. Legislators and Catholic officials have been invited.

At issue is the state's legal limit for bringing charges for sexual abuse of minors. First-degree criminal sexual conduct carries no time limit for charges. But charges for second-, third- and fourth-degree crimes cannot be brought once 10 years have passed since the incident or the victim turns 21, whichever is later. The law also bans civil suits once victims turn 20.

The limit surfaced last year when prosecutors said it prevented them from pursuing an abuse allegation against an area priest dating from the 1970s.

Brinkman said the limits are frustrating because DNA now provides evidence that wasn't possible when the statutes were written. Courts have held that people cannot be retroactively prosecuted for crimes committed when the statutes were in effect.

But Brinkman said she favors extending criminal statutes and providing a window of time to bring civil suits for past abuses.

"It is unusual for young people to report sexual abuse right away," she said. "You have to give the children, now adults, the opportunity to bring the allegations."

Stehouwer agreed, saying childhood trauma often surfaces only in adulthood.

"If we're looking at helping victims, we need to make the window of opportunity far bigger than just a couple of years," said Stehouwer, a consultant for abused children.

California lifted its statute of limitations for one year in 2003, resulting in more than 800 lawsuits against Catholic dioceses.

A bill for a two-year window in Michigan died in the House Judiciary Committee. Rep. William Van Regenmorter, R-Georgetown Township, said there were concerns about the validity of repressed memories and the availability of reliable witnesses for old cases.

"I think in principle the concept has merit," said Van Regenmorter, the committee's outgoing chairman. "But it's pretty complex and it needs to be done the right way."

Send e-mail to the author: choney@grpress.com

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.