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  Beshear Signs Sexual Abuse Law

By Peter Smith
The Courier-Journal
April 14, 2008

http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080414/NEWS01/80414006/1008

FRANKFORT, Ky. ??" Gov. Steve Beshear this morning signed into law a measure toughening the penalties for sexual abusers and those who fail to protect them.

The bill is the first Kentucky legal reform to follow the scandals of sexual abuse in the Catholic Church and other religious and civic organizations earlier this decade.

Over the last decade, we have all been outraged and horrified by the revelation of wretched and sometimes avoidable sexual crimes by those in positions of power in religious and education institutions, the governor said.

Today we hear and answer the voices of the victims of those crimes.

The bill makes virtually all types of sexual offenses against minors felonies, which means they carry tougher penalties and can be legally prosecuted whenever the victim comes forward, even decades after the fact.

Advocates say it often takes victims that long to come to terms with their abuse.

Previously some types of sexual offenses, such as fondling, were misdemeanors when children 12 and older were involved, meaning they could not be prosecuted more than a year after the victim turns 18. Other offenses, such as rape and sodomy, were already felonies regardless of the age of victim and perpetrator, and they remain so.

House Bill 211 ??" which passed both houses without dissent earlier this year ??" takes effect 90 days from the end of the legislative session, scheduled for tomorrow.

The bill galvanized a broad coalition of supporters, including the states Catholic bishops and the Kentucky Baptist Convention, representing the two largest religious bodies, as well as Kentucky Youth Advocates and the Family Foundation of Kentucky.

Among the leading supporters of the bill were advocates for victims of sexual abuse by Catholic priests, including the bills sponsor, Rep. Jim Wayne, D-Louisville, who said his late father told him of allegedly being abused by a priest as a child.

Since 2003, Roman Catholic dioceses and religious orders in Kentucky have agreed to pay a combined total of more than $100 million to more than 500 people in lawsuits over sexual abuse by priests and others associated with the church.

The cases revealed multiple instances in which bishops kept known abusers in ministry without warning parishioners.

Scandals involving sexual abuse by trusted leaders in other religious groups and in schools also came to light in recent years.

The bill:

Makes it a felony for anyone over age 21 to subject a minor under 16 to sexual contact or engaging in masturbation in the minors presence.

Makes it a felony for a person in a position of authority or special trust to engage in such acts with anyone under 18. Such persons could include teachers, clergy, coaches, adult relatives and other such categories.

Establishes progressively steeper penalties for any citizen who fails to report the abuse or neglect of a minor. The first offense could bring a sentence of up to 89 days of incarceration, the second offense up to 12 months and any subsequent offenses up to five years.

Lengthens the statute of limitations for prosecuting the few remaining sexual-abuse crimes that remain misdemeanors ??" those involving alleged perpetrators below 21. The new law allows victims to bring charges within five years of turning 18, rather than one year.

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

 
 

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