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  Allowing More Time for Victim Is the Key to Ending Child Abuse

By Avril and John Madison
News Journal [Delaware]
January 27, 2007

http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20070127/OPINION07/701270322/-1/NEWS01

For the second time in 12 months a bill has been introduced into the Delaware Legislature to give victims of child sexual abuse a measure of civil justice.

During last year's legislative term, Sen. Karen Peterson co-sponsored a bill to address the archaic statute of limitations in civil cases of child sexual abuse.

That legislation failed to pass during the last hours of the 143rd meeting. In the new legislative term, Sen. Peterson and her co-sponsors have introduced Senate Bill 29, "The Child Victims Act."

By so doing, she is sending a message that children are a protected class in Delaware and that this legislation is long overdue.

Further, the bill assures that this state is inhospitable to sexual predators that prey on our children and that agencies, organizations or institutions that shield such predators must be held accountable.

Now who could be against that?

The bill is simple and direct.

First, it eliminates the current two-year statute of limitation on civil cases of child sexual abuse -- a legal loophole that has enabled countless sexual predators to escape civil action.

The bill allows a child who is sexually abused by an adult after the effective date of the legislation unlimited time in which to bring a civil cause of action against the perpetrator.

Finally, the bill provides to victims who were abused as children prior to the date of this legislation and prevented from bringing a case because of the statute of limitations, a one-time two-year window in which they may seek redress through a credible cause of civil action.

Now who could be against that?

Child sexual abuse is the exploitation of the dominant position of an adult in order to force or coerce a child into sexual activity for sexual gratification of the offending adult.

Child sexual abuse occurs in all races and across all economic classes.

Professional societies such as the American Medical Association and the American Psychological Association cite statistics demonstrating that sexual abuse of children is a pervasive societal problem.

For example, it is reported that one in three girls and one in five boys is sexually abused before the age of 18.

In more than 85 percent of cases the perpetrator is known to the victim as an adult family member, friend of the family, teacher, youth leader or other close relationship.

Sadly, no Delaware community is immune from the threat of child sexual abuse as local media reports frequently make us aware.

However, only a fraction of these crimes are reported by victims in a timely manner or at all because of issues of trust, loyalty, misplaced love, or because a victim may fear the perpetrator, not being believed or being shunned by family members.

With these facts in mind and recent well-publicized events to guide them, we call upon the 144th General Assembly to do the right thing.

Pass the "Child Victims Act" into law.

Give future victims the time to find their voice, their courage and credible evidence of the abuse.

Give victims of child sexual abuse who were previously barred from legal prosecution a two-year period in which to file civil action.

Help crack the code of silence or intimidation that has allowed perpetrators to remain in the victim's community long after the abuse has ended without fear of prosecution; and free to sexually abuse other children.

Enact this legislation so that in Delaware the sun will never set on the wrongdoing of child sexual predators.

Now who could be against that?

Avril and John Madison are members of Northern Delaware Voice of the Faithful chapter.

 
 

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