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  Bill Would Expand Felony Child Sex Abuse
Statute of Limitations Could Be Extended

By Peter Smith
The Courier-Journal [Kentucky]
February 23, 2007

http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20070223/NEWS0101/702230453/1008

Those who commit any sexual offense against a child under 16 — and those who fail to report such abuse — could be charged with felonies under a bill filed by Rep. Mary Lou Marzian, D-Louisville.

Making such actions a felony would allow prosecutions decades after the crimes occurred.

Victims of sexual abuse have sought this change because they say it often takes years for those traumatized as children to seek justice, beyond the statute of limitations.

Under current laws, some types of sexual offenses toward minors, such as rape and sodomy, are felonies — but other types such as fondling are misdemeanors when children 12 and older are involved.

Misdemeanors have a one-year statute of limitations, after which they cannot be prosecuted.

"Now it (would be) a felony, so it will extend the statute of limitations," Marzian said. "It also has a penalty for folks who know what's going on and don't report it."

Jeff Koenig, one of about 250 people who sued the Archdiocese of Louisville over sexual abuse by priests and others associated with the church, said news of the bill was "fantastic."

"It's too late for me, but it's not too late for some kid that's getting it done to him right now," said Koenig, who said he could not bring charges alleging fondling against then-priest Daniel C. Clark in the 1980s because he was 12 and 13 when it happened. Clark is in prison for abusing two other boys.

It is now a misdemeanor for any citizen to fail to report any abuse or neglect of a child. The only exceptions — which this bill retains — are when someone learns of the abuse in a lawyer-client conversation or a clergy-penitent relationship.

Marzian said House Bill 548 came in response to victims of sexual abuse in the Catholic Church who were dismayed over the statute of limitations.

Catholic dioceses and religious orders operating in Kentucky have paid more than $100 million in recent years to settle lawsuits alleging cover-ups of sexual abuse over several decades.

Ed Monahan, executive director of the Catholic Conference of Kentucky, which lobbies for Catholic bishops, said in a statement: "We hope that the Judiciary Committee will give thorough review to the bill. … We in no way oppose it."

Rep. Kathy Stein, D-Lexington, who heads the Judiciary Committee, said she's "95 percent sure" she would give the bill a hearing, although she didn't think it would pass in the current short session.

Reporter Peter Smith can be reached at (502) 582-4469 or psmith@courier-journal.com.

 
 

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