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  Ban Sought on Secret Settlements

By Timm Herdt
Ventura County Star
April 27, 2006

http://www.venturacountystar.com/vcs/ox/article/0,1375,VCS_238_4654279,00.html

SACRAMENTO — Oxnard Police detective Manuel Vega, who as a boy was a victim of sexual abuse by a priest, has both a personal and professional interest in tracking down sex offenders and uncovering their dark secrets.

"It's always difficult to get the truth out," he said. "These perpetrators thrive on secrecy."

Vega was at the state Capitol this week to testify on behalf of a proposed law that would eliminate secret settlements of civil lawsuits brought by victims against sexual predators. When such lawsuits are settled out of court, typically plaintiffs must agree not to discuss the case, as part of the terms of the settlement, and evidence they have gathered is destroyed.

Assemblywoman Fran Pavley, D-Agoura Hills, proposes to ban such secret settlements. The bill would require that records be filed with the court — and opened to the public — when lawsuits alleging sexual molestation are settled.

The allegation would have to be serious enough that, if prosecuted criminally, it would constitute a felony sex offense.

Pavley's bill to require such open agreements, AB 2875, was unanimously approved Tuesday by the Assembly Judiciary Committee.

"When settlements require secrecy as the price of compensation for victims, the result is a significant increase in the likelihood of repeated molestations and the destruction of innocent people's lives," Pavley said. "People have the right to know about sexual misconduct so that they can protect themselves and their families."

Raymond Boucher, an attorney who has represented clients taking action against the Catholic Church and other institutions that have employed sex offenders, said such settlements "require victims to suffer in silence" even after they have received compensation.

While he acknowledged it could become more difficult for victims to obtain compensation without a secrecy provision, Boucher said victims typically have emotional needs that can't be satisfied with money.

"From a victim's standpoint, it's more often about finding a way to heal," he said. "The compensation doesn't do it."

Pavley authored legislation last year that proposed to ban secret settlements of all civil lawsuits, but the measure died without a vote. She believes the narrower focus will stand a greater chance of passage.

The bill now goes to the Assembly floor, where it must be acted upon by June 2.

 
 

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