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	Ted Thompson: Restore the Right of These Victims to Sue A Special Statute of Limitations for the Crime of Childhood Sexual Abuse Deserves to Be Debated By Ted Thompson Star Tribune [Minnesota] March 31, 2007 http://www.startribune.com/562/story/1091101.html A March 17 Star Tribune editorial endorsed the idea that the "discovery of childhood sexual abuse scars can take years" and therefore it is a good idea for the Legislature to "reinstate a special statute of limitations for delayed discovery of damages caused by the childhood sexual abuse." While most legislators agree, there is one key legislator whose doesn't. The bill in the House of Representatives to restore the right for victims of childhood sexual abuse to sue based on delayed discovery is sponsored by more than 25 legislators. Its chances of gaining approval by the whole body are considered excellent. However, because the chairman of the committee that the bill must go through so strongly opposes the bill, it appears very unlikely that it will ever get a chance to become law. The chair, Rep. Joe Mullery, DFL-Minneapolis, has refused the request of chief author Rep. Steve Simon, DFL-St. Louis Park, to give the bill a hearing in his committee. Mullery told one supporter of the bill that he doesn't like the bill because, in his experience, too many attorneys "manipulate" victims into suing. In fairness to Chairman Mullery, he is not alone in his opposition. The Archdiocese of Minneapolis and St. Paul -- in the person of its vicar general, the Rev. Kevin McDonough, and a team of lobbyists from a Minneapolis law firm -- has spent years lobbying against the bill. (Every year they can delay is a few less clergy abuse cases to be held accountable for.) Other powerful groups that oppose the measure are the Northeastern Minnesota Synod of the Evangelical Lutheran Church in America (ELCA), the Minnesota Childcare Association and the Minnesota School Boards Association. Leaders of theses organizations told legislators last week that the state of Minnesota should continue to limit the ability of victims of childhood sexual abuse to sue their organizations if the child was abused in their care and someone in their organization was legally responsible for allowing the abuse. A representative of the Minnesota School Boards Association told legislators that "if schools have to defend themselves against these claims, it will mean less money for educating kids in the classroom." What is troubling is the lack of understanding such testimony portrays. Because those who sexually abuse children often will continue to offend even into their 70s and 80s, a child sexually abused at age 8 who brings a claim at age 40 could expose a perpetrator who might still be offending. Because of the shame and guilt that keeps child victims from reporting abuse, criminal prosecution of child sexual abuse is difficult and rare; therefore, county attorneys are supportive of civil actions as a way to expose predators, and institutions that allow the abuse, as an additional tool in preventing further victimization. In another example of how pervasive the problem is, in 2003 the Star Tribune reported ("Ex-teacher, district sued over sex abuse," Feb. 11, 2003) that a onetime Jordan (Minn.) High School teacher who was being sued by a former student "told counselors that, by his own estimate, he may have abused 100 students and others during his 20 years as an English and journalism teacher at Jordan." In spite of the man's admissions, he and the school district escaped the lawsuit because the presiding judge noted that he had no choice but to follow case law established by an earlier Supreme Court ruling that essentially nullified Minnesota's delayed discovery law. Earlier this year McDonough, during a lobbying visit to one of the legislator authors of the bill, explained that he felt that lawsuits do not help the healing process. It is harmful, the priest said, for victims to be "stuck in the rage of litigation." Yet in California (where in 2003 church leaders led the opposition against a bill passed by that state's legislature that allowed victims of childhood sexual abuse, on delayed discovery basis, to bring lawsuits) the bishop of the Roman Catholic diocese in Orange County, after settling claims brought by adults who were abused as children, said this: "I am at peace with the settlement. The victims will be fairly compensated and, at the same time, our diocese will be able to continue our mission of service." Indeed, many arguments can be made against this law, but to me, none can match the need for those who are responsible for bringing terrible harm to our children to be held accountable in a way that may "hurt" them -- at least a little. I am a father, and if my son or daughter were ever sexually abused, I don't think an apology would be enough -- for me or my children. Ted Thompson, Stillwater, is executive director of Sexual Abuse Prevention Network, a Minnesota-based, national nonprofit organization advocating on behalf of childhood sexual abuse survivors.
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