Rep. Gwyn Green Is Trying Again. Her Proposal in 2006 Collapsed under Hot Debate
By John Ingold
Denver Post
February 6, 2008
http://www.denverpost.com/politics/ci_8189691
John Patrick Michael Murphy was 7 the first time he says a Catholic priest molested him, in a trailer at a church camp in Allenspark.
It wasn't until Murphy was in his 40s that he could tell his parents about what he suffered.
"The priest was all-powerful in my young life," Murphy, a retired Colorado Springs attorney who is now 62, said Wednesday in a House Judiciary Committee hearing. "Only the bishop could bring down a priest, not some young child."
By the time Murphy had the courage to confront those ugly days in his life, the statute of limitations for pursuing a court case against the priest or the church officials Murphy believes protected the priest had passed.
 |
| Edith Dorris testifies Wednesday about the devastating effects on the family that resulted from her mother realizing in adulthood that as a child she had been abused by a priest. Photo by Mark T. Osler |
Now, a state representative is making another try to give victims of childhood sexual abuse more time to sue their abusers or the institutions that were complicit in the abuse.
House Bill 1011 , sponsored by Rep. Gwyn Green, D-Golden, would lift the statute of limitations for any new or recent sexual-abuse case. It would also create a two-year window so that victims whose statute of limitations has run out could still file a case.
"Most children who are abused by a person who is in a position of trust are not able to come forward until they are in their 40s, 50s, 60s," she said. "And by then the statute has long since run out. Meanwhile, those pedophiles who assaulted them as children are continuing to assault other children."
The bill is almost identical to one Green introduced in 2006 that became one of the most hotly debated bills of that session. Catholic leaders in Denver said the bill unfairly targeted private institutions while ignoring the wrongs committed in public ones. That bill was amended to include the public institutions, but it ultimately collapsed.
This year, Green said she is dealing with stripping lawsuit immunity for public institutions — such as schools and cities — in a separate bill. She said she hopes that — plus a broad coalition of victims' advocacy groups — will give her bill the extra boost it lacked last time.
At the committee hearing Wednesday, witness after witness came forward with painful memories and shaking voices to testify in favor of the bill. Many traveled from out of state to attend the hearing.
"I feel that having a statute of limitations on a crime like this trivializes it and it hurts the victim, not the perpetrator," said Rhonda Cash, 46, a former Colorado resident who said she was abused by a family member beginning when she was 5.
Meanwhile, hints of the previous battle re-emerged.
Lawmakers questioned whether the bill unfairly targets private institutions. Rep. Bob Gardner, R-Colorado Springs, said lifting the statute of limitations "flies in the face of 400 years of common law." Rep. Ellen Roberts, R-Durango, said she worries about the effect the bill would have on nonprofits.
"My concern is how many good role models, how many supportive adults will back away over concerns of personal liability," she said.
The Colorado Catholic Conference voiced its opposition.
"Retroactive laws are inherently unfair," said Jennifer Kraska, the conference's executive director. "They do not prevent anything."
But the abuse survivors who testified said the bill is crucial to protect children and give a little bit of justice to the victims.
"The impact of the abuse goes forever," said Barbara Blaine, the founder of SNAP, the Survivors Network of Those Abused by Priests. "When the vast majority of victims are barred from the courtroom, then that statute is clearly wrong."
The committee will vote on the measure later this month.
John Ingold: 303-954-1068 or jingold@denverpost.com
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.