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  More Time for Justice under Proposed Child Abuse Law

The Star-Ledger
December 13, 2010

http://blog.nj.com/njv_editorial_page/2010/12/more_time_for_justice_under_pr.html

Child abuse victims usually don't have time on their side. Painful memories are often submerged only to surface years later. And even when the memory is clear, the victim may delay confronting his or her abusers for emotional reasons. By the time the victims want to step forward, the adults who betrayed them have often been able to escape accountability in civil court because of a statute of limitations.

No more.

A new bill would repeal the state's two-year limit on civil lawsuits, and expand the circle of people who are potentially liable for not halting the abuse — from parents and guardians to anyone in a supervisory role over a child, including clergy and teachers. The Senate Judiciary Committee approved the bill unanimously, and it deserves the support of the full Senate when it comes to a vote. Perhaps not surprisingly, a representative of the Catholic church, which still harbors miscreant priests, testified against the legislation.

Lifting time barriers matters deeply in these cases: Victimized children are essentially powerless, threatened by adult predators into silence, and often made to feel shamed and complicit in the act. It's only later, as adults, that they can attempt to extract a measure of justice by suing the people who injured them and the institutions that failed to provide protection. Of course, the law doesn't guarantee an outcome, only access to the legal process. The adults who pursue their cases must still muster the courage to confront and charge powerful institutions and predators who are often considered pillars of the community — and too often, people they know and love.

Rush Russell, executive director of Prevent Child Abuse NJ, a statewide network based in New Brunswick, said these are traumatic memories with consequences for the entire family when the truth comes out. Because strangers are rarely involved.

"In 90 percent of the cases, the child knows the perpetrator, and the family knows and trusts the person," he explained. "It's not a stranger, which makes it harder for the child to make sense of it."

This bill gives the grown-up victims of child abuse time to process painful personal history, without the courts shutting the door in their face.

 
 

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