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  Sex Crimes Statute Bill Not Retroactive

By Bill Zajac
Republican [Massachusetts]
March 8, 2005

Legislation that seeks to eliminate the 15-year statute of limitations on sex abuse crimes against children would not be retroactive, according to the bill's chief author.

That means that allegations of sexual crimes made against the Most Rev. Thomas L. Dupre, bishop emeritus of the Roman Catholic Diocese of Springfield, and others who allegedly abused minors more than 15 years ago would not be prosecutable, according to state Rep. Ronald Mariano, D-Quincy.

"Anything on the books that exceeded the statute of limitations would not be prosecutable," Mariano said.

If the bill passes, it means that sex crimes against children that go back no more than 15 years from the date the bill becomes law would be prosecutable forever, Mariano said.

The announcement Saturday that Massachusetts Attorney General Thomas F. Reilly supports the legislation will help the chances for passage, Mariano said.

"I'm encouraged, because the leading law enforcement officer's support of this carries a lot of weight with a lot of the trial court people who feared it would clog our courts. Now it's up to district attorneys," Mariano said.

Hampden County District Attorney William M. Bennett and Northwestern District Attorney Elizabeth D. Scheibel said yesterday they support the legislation.

"Having prosecuted these cases in Hampshire County for some time, I know the difficulties children face in going forward," said Scheibel.

"Power and control is such an important piece of what adults do to children when they abuse them. It is important for children to go through the healing process and talk about it in their time," she said.

Scheibel said that these crimes are harder to prosecute as time passes.

"Anything from witnesses' availability, memories and evidence being lost or misplaced can come into play," said Scheibel.

David Clohessy, executive director of the Survivors Network of those Abused by Priests, said he fully supports any effort to lengthen or eliminate the statute of limitations. "We think efforts to repeal and reform statutes of limitations are the single most effective step to prevent future abuse. There is no better legislative remedy," Clohessy said.

California, Connecticut, Illinois and Missouri have recently extended or repealed their statutes of limitations.

The Massachusetts bill had eight co-sponsors when it was first introduced last year. This year the bill has 46 as it is reintroduced, Mariano said. "This time it has a lot more legs," he said.

Dupre was indicted on two counts of child rape by a grand jury in the fall, but the charges were immediately dropped by Bennett, who said the statute of limitations prevents him from prosecuting the bishop.

Dupre was the sitting bishop in Springfield when he was confronted 13 months ago with allegations that he abused two minors when he was a parish priest more than 20 years earlier.

 
 

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