Statute of Limitations Reform for Sex Abuse Victims

Source: "http://writ.news.findlaw.com/hamilton/20090611.html/

By MARCI A. HAMILTON

Thursday, June 11, 2009


When the California legislature passed amendments to its statute of limitations on child sex abuse in 2002, no one knew that its members were initiating a revolution for child sex abuse survivors.

In California, over 1,000 survivors came forward (about 850 from the Catholic Church). No one knew, though, what the benefits or costs of the window would be. It was a large experiment. Now that the claims have been litigated or settled, however, there are important facts that we have learned for the first time, or that reinforced facts unearthed by previous studies:


First: In California, the names of over 300 perpetrators who had never before been named publicly were released. And the bishops' role in placing children's needs below public appearances was also elaborated. Making that information public is a benefit to every parent and child.

Second, many survivors need decades to come forward. The fact that over 1,000 survivors (from a variety of groups) took advantage of the window confirms what social science studies have shown repeatedly: It is a psychological fact that child sex abuse victims are disabled from revealing the abuse at the time they suffer it and for many years thereafter. However, if given an opportunity to come forward years later, they do want to – and are finally able to – do so.


Third, until the window was in place, society had been making public policy based on too little information. The window revealed that the laws we have focused upon, like sex offender registries and pedophile-free zones, have assumed we know who the predators are. One of the greatest shocks in the last ten years is to learn that we only know about 10% of the perpetrators because of a broken legal system that shuts victims out of court before they get there. (Victims usually cannot name their perpetrators without the legal system, because perpetrators can and will sue the victim for defamation.

After the California statute of limitations (SOL) window closed at the end of 2003, Delaware opened a two-year window in 2007, which will close in July 2009. Once again, in Delaware, survivors deeply appreciated the opportunity for justice and the public was educated about previously anonymous child abusers.

When the California window legislation passed, the hierarchy of the Catholic Church was still reeling from its recent exposure in Boston, and other communities across the country, and did not put up much of a fight. When the hierarchy realized after its passage, though, that many of their victims in California would open the window on the Church's secrets, they quickly mobilized, hiring an army of lawyers in California to fight every case (and now to fight the release of every document,
as I discussed in a previous column

The reform movement has become more sophisticated, with the Survivors for Justice purchasing radio spots urging passage, other groups even hiring lobbyists, and the creation of a comprehensive website, on which I have taken the lead. Moreover, the movement has expanded well beyond survivor groups alone, to now include Parents for Megan's Law, the National Organization for Women, Pandora's Project, Justice for Children, the Leadership Council, and the National Sexual Violence Resource Center, among many other worthy organizations.

Get Stoked Note: if we study our Bill of Rights as it applies to this problem we see a balance between the rights of the abused and the accussed.

We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Ref: http://docs.google.com/fileview?id=F.2a6348af-1434-42f0-bbc0-af8ae726c390&hl=en

Get Stoked Note: our current elected officials, even though they have lost site of it after just a few months took a very serious oath to obey our constitution including our Bill of Rights.

Our Dear Leader Obama Swore the following words:
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Our Dear Leader Pelosi Swore:
"I, ___, do solemnly swear (or affirm)that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same;
that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me god.’’

The oath of office required by the sixth article of the Constitution of the United States, and as provided by section 2 of the act of May 13, 1884 (23 Stat. 22), to be administered to Members,Resident Commissioner, and Delegates of the House of Representatives,the text of which is carried in 5 U.S.C. 3331:


http://www.law.cornell.edu/uscode/uscode05/usc_sec_05_00003331----000-.html