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  Lawmakers Approve Tougher Sex-Abuse Penalties

By Peter Smith
The Courier-Journal
April 3, 2008

http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080403/NEWS01/80403020/1008

Tougher penalties for sexual abuse and failing to report abuse are in the works now that the General Assembly has approved a bill drafted in response to scandals of abuse in churches, schools and elsewhere.

Gov. Steve Beshear has said he plans to sign the bill, which was approved unanimously by consent in the Senate yesterday.

"Finally the voice of the victims has been heard," said Shannon Whelan of the group Protect Our Children KY, a coalition of advocates for the bill.

House Bill 211 makes sexual contact with someone younger than 16 a felony if committed by someone older than 21. Currently, some forms of sexual contact with teenagers are misdemeanors.

Felony charges also could be filed against anyone in a position of authority or trust — such as a family member, teacher, employer, clergy member or coach — who has sexual contact with someone younger than 18.

As felonies, such crimes would carry heavier sentences and could be prosecuted years into the future. Misdemeanors generally have a one-year statute of limitations.

"It will allow kids that do talk about (abuse) years later to be able to bring charges," Whelan said.

The few sex crimes involving minors that would remain misdemeanors would have a five-year statute of limitations under the bill.

The bill also imposes progressively steeper penalties for people who repeatedly fail to report sexual abuse to authorities.

Backers of the bill included the Catholic Conference of Kentucky — representing the state's Catholic bishops, who faced years of scandal over sexual abuse by priests and failures of the church to prevent it.

Also supporting it was the Kentucky Baptist Convention, Kentucky Youth Advocates and the Family Foundation of Kentucky.

Beshear's spokeswoman, Vicki Glass, said the governor "looks forward to (the bill) making its way to his desk for his signature."

Reporter Peter Smith can be reached at (502) 582-4469.

 
 

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