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  Lift 30-Year Limit on Child Abuse Lawsuits

The Day
April 17, 2010

http://www.theday.com/article/20100417/OP01/304179930

The state legislature appears to have reached a reasonable compromise in debating whether to lift a 30-year statute of limitations on the filing of lawsuits alleging child sexual abuse.

Advocates for the change say having a statute of limitations in cases of child sexual abuse makes no sense. According to experts, it is common for child sexual abuse victims to suppress memories. Some children are unable to process the reality that a person they love or trust has violated them. They can feel guilty that they have done something wrong and fear turning to anyone.

The mind segregates the abuse, detaching it from other childhood memories. Even as the victims grow up psychologically scarred, they can remain unaware of the root cause of their problems. Then something breaks down the mental barrier - a news story, counseling, an interpersonal event.

If this revelation occurs by age 48 in Connecticut, the victim can file a lawsuit against the individual and or institution responsible for the alleged abuse. The 30-year clock starts ticking on a victim's 18th birthday. If older than 48, there is no remedy in court.

Debate about the appropriateness of maintaining a time limitation began in 2007 when the public learned about the history of Dr. George Reardon, who worked at St. Francis Hospital and Medical Center in Hartford from 1963 to 1993. Dr. Reardon died in 1998, but in 2007 the owner of his former West Hartford home found more than 50,000 slides and 100 movie reels of child pornography hidden in a wall. Past victims reading about Dr. Reardon began exploring their memories of the time spent as children in his care.

Since then 143 people have sued the hospital, alleging its negligence for failing to supervise Dr. Reardon's activities, but 56 alleged victims are beyond the statute of limitations.

The Roman Catholic Church in the state opposes lifting the 30-year rule. The state's three Catholic bishops, in letters distributed in parishes last Sunday, sought to rally the faithful to oppose the bill. It does not appear to have been successful.

The church's concern is that trial lawyers will take advantage, filing lawsuits in old cases knowing that the church would have difficulty defending the charges because alleged perpetrators have died and memories dimmed. And indeed lifting the 30-year restriction could tempt some individuals to file frivolous claims in hopes of getting a windfall settlement.

That is why a requirement added to the proposed bill makes sense. It would mandate that after 30 years there must be documentary or physical evidence of the offense to file suit, unless an alleged victim is joining an existing lawsuit against the same defendant. This would prevent individuals from raising allegations of abuse from whole cloth.

Victim advocates may feel even this goes too far because in many cases there is no evidence beyond the victim's own memories, once repressed. If the requirement for some documentary or physical evidence prevents some true victims from seeking justice, that is unfortunate. But it would also be unfortunate and unfair to subject institutions to decades' old allegations with no proof other than someone's word.

If the bill is passed, Connecticut would be the fourth state not to have statute of limitations on child sexual abuse offenses - Alaska, Delaware and Minnesota being the others. The state should join the club.

 
 

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