Minner Inks Measure Allowing Two-Year 'Window' for Past Victims to File Belated Claims
By Beth Miller
News Journal
July 11, 2007
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20070711/NEWS/707110342/1006/NEWS
Dover — With several strokes of several pens, Gov. Ruth Ann Minner on Tuesday made Delaware the last state a pedophile would want to be in.
Minner signed S.B. 29, the Child Victim's Act, eliminating the civil statute of limitations in cases of child sexual abuse and opening a two-year legal "window" during which victims whose cases have been previously barred by Delaware's two-year limit can file suit.
The law is the strongest in the nation, according to New York law professor Marci Hamilton, edging California by doubling that state's one-year window. About 1,000 previously barred cases were revived in California after that law went into effect in 2003.
"Sexual predators who victimize children are going to learn that Delaware will not stand for it," Minner said shortly before signing the bill.
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| Gov. Ruth Ann Minner is applauded by lawmakers after signing the Child Victim's Act. The law eliminates a civil statute of limitations in child sex-abuse cases. Photo by Gary Emeigh |
The lead sponsors of the bill were Sen. Karen Peterson, D-Stanton, and Rep. Deborah Hudson, R-Fairthorne, both of whom got a standing ovation from about four dozen supporters who attended the signing ceremony in the Tatnall Building.
"This law belongs to the children of Delaware, who as children had no voice," Peterson said. "Now, they have a voice."
The old law required a victim of sexual abuse to file suit within two years of the injury. So a child abused at age 7 had until age 9 to go to court.
Most supporters on hand Tuesday were from two groups — the lay Catholic group known as Voice of the Faithful, and a grass-roots coalition called the Child Victim's Voice Coalition, formed by friends and family of Matt Conaty of Wilmington, who is a survivor of childhood sexual abuse. Conaty's parents were among those who fought hardest to build support for the legislation, and eventually more than 60 organizations had signed on.
"You transform from a victim to a survivor when you are able to use your voice," said Conaty, 38. "Scores of people helped build the coalition. ... It's a testament to teamwork."
Supporters planned to celebrate Mass with the Rev. Richard Reissmann, pastor of St. John the Baptist-Holy Angels, and enjoy a covered-dish dinner at the Jesus House on Milltown Road on Tuesday evening.
John Sullivan, one of the founders of the Coastal Delmarva chapter of Voice of the Faithful, hoped many states were watching Delaware's decision.
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| Spectators at Tatnall Hall cheer as Sen. Karen Peterson, D-Stanton, explains what went into the process of getting Senate Bill 29 into law. Photo by Gary Emeigh |
"This battle's over, but there are many others," he said. "This is a wonderful day for the children of Delaware and hopefully for the entire nation. This sets the example for the rest of the states to do the right thing for children. ... Now, it's time to celebrate."
Peterson and Hudson credited citizens with helping to overcome objections raised by representatives of the Catholic Diocese of Wilmington, some nonprofit organizations and the insurance industry.
"Citizen advocates were ready to make a difference," Hudson said, "and it's because of the advocates that we won.... Now the predators of the past will be exposed and maybe others will just get away from Delaware because of our tough law."
Legislation to change Delaware's civil statute of limitations in cases of child sexual abuse was first introduced in 2006 by Rep. Greg Lavelle, R-Sharpley. Lavelle wanted state institutions held to the same standards as private and nonprofit institutions. His amendment to S.B. 29 was defeated last month, but he later introduced legislation — which will be waiting for lawmakers when they return next January — that would remove sovereign immunity protections for the state in such cases.
The Rev. Tom Doyle, a Dominican priest and church attorney who has investigated and exposed clergy sexual abuse in the Catholic Church for the past 24 years, called Delaware's new law "tremendous."
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| "This law belongs to the children of Delaware, who as children had no voice. Now, they have a voice," said Sen. Karen Peterson, D-Stanton, co-sponsor of S.B. 29. Photo by Gary Emeigh |
"This is the best legislation in the country," Doyle said. "We've had so much opposition from institutions such as the Catholic Church, and this shows it can happen that children are more important."
Hamilton, who teaches constitutional law at Yeshiva University's Cardozo School of Law, said Delaware now "is the leader of the country" in giving child sexual abuse victims their day in court. The law also could give other victims the courage to come forward, she said.
"We've heard their testimony and heard their suffering," she said. "And one thing we do know is that we've hardly seen any of them.... You are now on the side of the angels." Lawmakers heard hours of testimony on the issue, including the accounts of those who were victimized as children. One of them was Jean Lange, who brought her two daughters — Madison, 10, and Kassie, 8 — to witness the signing, as they had witnessed the signing of a change to the criminal statute of limitations in 2003.
"It's all about protecting the children," Lange said. "... We're going to learn some names now."
Doyle agreed and said Delaware can expect significant developments.
"You can expect to see older victims coming forward, you can expect exposure for perpetrators — including some with other organizations, not just the Catholic Church," he said.
"As people go to court and cases are settled, there will be a means to identify predators," said Avril Madison, a member of Voice of the Faithful, who attended the signing with her husband, John. "The community will understand that they're in the midst. Up until now, most victims had to leave the state to get away from abusers. This reverses that."
Officials of the Catholic Diocese of Wilmington had no comment on the bill signing, according to spokesman Robert G. Krebs.
Contact Beth Miller at 324-2784 or bmiller@delawareonline.com.
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