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  Abuse Victims Plead for Year to File Suits
Statute of Limitations: A Bill Would Allow Long-Ago Injuries to Be Addressed

By Steve Quinn
Anchorage Daily News
March 27, 2007

http://www.adn.com/news/alaska/story/8742707p-8644456c.html

Juneau — James Niksik sat with palms down on a table and eyes welling with tears as he talked to the Senate Judiciary Committee on Monday.

The 48-year-old man from St. Michael told lawmakers of a childhood he says was filled with sexual abuse at the hands of a deacon.

His hope, he told the legislators, is that they will approve a bill creating a one-year period for the now-adult victims of child sex crimes to file civil lawsuits against assailants currently protected by statutes of limitations.

"I couldn't do anything. I was a small boy; he was a big man," Niksik said, often interrupting his speech with long pauses to regroup.

"I couldn't defend myself," he said. "I started lashing out at people who are closest to me. I didn't understand why I had this rage."

Niksik said he hopes the bill passes "so that justice can be done, not only for me but for others. Some are still hurting today, like me."

The bill does not affect criminal cases.

This stark testimony came at a time when the Legislature is debating budget allocation, retirement funding and the Alaska Gasline Inducement Act in other parts of the Capitol.

But for nearly two hours, five committee members heard personal stories, punctuated with language rarely used in these rooms.

"It was gut-wrenching to sit that close to them and feel their very real pain," said Sen. Lesil McGuire, R-Anchorage.

Testimony came from psychologists, an attorney and victims; people arrived from North Carolina, Southern California and northwest Alaska to get 10 minutes in front of the committee.

The bill specifically changes what sponsor Sen. Hollis French, D-Anchorage, called a loophole in state law.

French, the committee chairman and a former prosecutor, said the Legislature in 2001 eliminated the statute of limitations on civil lawsuits alleging child sexual abuse, but only for conduct that occurred after that date.

French said the proposed law would create a one-year window for people who were victimized before 2001 to pursue lawsuits if they wished. After a designated year, not yet specified, the window would close, he said.

Numerous civil lawsuits have been filed in Alaska, even without changes in the law. For example, there have been more than 100 lawsuits filed against priests or religious volunteers who served in the Catholic Diocese of Fairbanks.

"I heard from lawyers who were having trouble with the statute of limitations," said French, who handled sexual abuse cases when he worked in the Anchorage district attorney's office.

Joelle Caseix of Newport Beach, Calif., told the committee a similar law in California helped her pursue a claim against her attacker.

Casiex now serves as the Southwest Regional Director for the Survivors Network of those Abused by Priests.

The 36-year-old talked about repeated rapes over a two-year period and ultimately becoming pregnant just before graduation.

She told lawmakers that French's bill gives Alaska victims a legal path to expose predators, helps additional victims come forward and forces organizations to strengthen child-protection policies.

"You may hear testimony from other groups who say this bill unfairly targets them," she said. "Let me reply now and tell you this bill only targets predators and the organizations and people that harbored and protected them.

"The victims still have to meet a burden of proof to file cases -- a burden that is even more difficult many years after the abuse occurred and after the evidence is missing and witnesses are dead."

No one spoke against the bill, SB 112, but opponents will get their chance during another hearing April 2.

Daily News staff contributed to this story.

 
 

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