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  Bill Would Extend Time Limit to File Civil Suit for Abuse

By Kevin Landrigan
Nashua Telegraph [Concord NH]
February 2, 2005

CONCORD - Lisa Solange Couturier said sexual abuse victims like her often have to choose between trying to punish the abuser by seeking a prison term or seeking monetary damages through a civil lawsuit.

"Why can’t he or she have the choice of taking both actions, the choice they deserve," Couturier told the Senate Judiciary Committee on Tuesday.

County prosecutors and advocates joined in support for legislation to extend the time period that child sexual abuse victims can launch a civil suit in court.

Any child abuse victim has until age 21 - three years after they turn 18 years old - to bring a civil suit against the abuser.

Manchester Democratic Sen. Lou D’Allesandro wants to extend that period until the victim turns 25 years old.

"You need something like this to really protect the victim," he said.

A criminal complaint can be brought against perpetrators of sexual abuse against minors until the victims turn 40.

Couturier said victims stand a better chance of prevailing in civil court following a criminal conviction, but bringing that case can extend well beyond the victim’s turning 21.

"On the flip side, if one first decides to prosecute civilly, the claims of abuse are mere accusations," Couturier said.

A native of Valparaiso, Chile, Couturier said she was repeatedly sexually abused while living in Manchester. She has since moved to Massachusetts.

Merrimack County Attorney Daniel St. Hillaire said extending the right to sue makes sense.

"You need the passage of time to gain witnesses to help you out and to recover sufficiently from the trauma," St. Hillaire said.

Former state Rep. Carol Moore of Concord said she has treated "hundreds" of sexual abuse victims during 35 years of practicing psychotherapy.

Moore said many child-abuse victims are related to the abuser and can’t consider bringing a civil suit while they are living at home.

"Many of those 18 to 21 years old still live with those who have assaulted them," Moore said.

Co-sponsors of the measure include Nashua Democratic Sen. David Gottesman, Bedford Republican Sen. Sheila Roberge and Merrimack Republican Rep. Maureen Mooney.

No one testified against it.

The committee also voted to endorse legislation (SB 76) that would give a judge the discretion to extend a domestic violence restraining order for up to five years.

Under current law, the order lasts for only one year and requires further court action for it to be extended.

Senate Majority Leader Robert Clegg, R-Hudson, said those seeking protection must now go before a judge every year, and can again face intimidation in court from their suspected abusers.

 
 

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