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  Compromise on Church Sex Abuse Bill Would Restore Statute of Limitations

By Annysa Johnson
Milwaukee Journal Sentinel
April 14, 2010

http://www.jsonline.com/features/religion/90803619.html

Proponents of a bill that would make it easier for victims of childhood sexual assault to sue their abusers for damages are floating a compromise in an effort to make the measure more palatable for key lawmakers.

However, the proposed compromise - which would lengthen a statute of limitations on future cases - is unlikely to appease some of its most vocal critics, including Catholic and Protestant church officials.

"Frankly, we're trying to address the concerns of members of the Legislature," said Sen. Julie Lassa (D-Stevens Point), who is sponsoring the bill in the Senate for the second time in two sessions.

"Some members were uncomfortable having no statute of limitations going forward into the future. And this allows us to hopefully address that," she said.

The proposed Child Victims Act would eliminate the statute of limitations on future childhood sexual abuse. Victims now can sue until age 35. And it would open a three-year window for victims of past abuse in which the statute of limitations has expired.

Proponents, including victims and statewide police and district attorneys associations, have supported the measure saying it's needed to bring justice to victims, many of whom wait years to voice their allegations.

Opponents, including insurers and Catholic and Protestant church officials, say it's unconstitutional; that it treats private organizations differently from government agencies, which under sovereign immunity have a $50,000 cap on liability in such cases; and that it could bankrupt faith communities.

Age limit would climb

The proposed compromise would restore the statute of limitations, but raise the age limit to 45 in line with the limit for victims in criminal prosecutions.

That is unlikely to assuage concerns of the Catholic Church, which is most concerned about the three-year window on old cases, according to John Huebscher of the Wisconsin Catholic Conference, and the Wisconsin Council of Churches, which raised the issue of disparity.

"The Legislature is treating us differently than it would its own shop . . . because it would result in a huge financial liability for the state of Wisconsin," said Scott Anderson, executive director of the council.

"There is a bit of hypocrisy here that I find troubling," he said.

Milwaukee Archbishop Jerome Listecki, who testified against the bill, was in meetings and unavailable for comment Tuesday.

The measure passed 3-2 in an Assembly committee but has languished in the Senate Judiciary Committee, which held a hearing but no vote.

Judiciary Committee Chairman Sen. Lena Taylor (D-Milwaukee) said Tuesday that she is hopeful she can reach a compromise before the regular legislative session ends next week.

"Trying to address the concerns of all the legislators so we can get to a compromise that we can move forward on is what our goal is," she said. "I can't say we're there, but I can tell you we're hopeful."

Action urged

Victims advocates, including the Survivors Network of those Abused by Priests, were at the Capitol on Tuesday urging lawmakers to act quickly. Bill Berndt, lobbyist for the Minnesota-based National Association to Prevent Sexual Abuse of Children, blamed the delay on legislative "cold feet."

"They don't want to stand up and be counted on what is a very emotional issue," he said. "And it's a shame that survivors who have been bringing attention to this issue for decades are still not being listened to."

 
 

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