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  Archdiocese Pushes for Calvo Veto

By Erin Thompson
Pacific Daily News
February 26, 2011

http://www.guampdn.com/article/20110226/NEWS01/102260304

The Archdiocese of Agana is "hopeful" that Gov. Eddie Calvo will veto a bill opening up the two-year window for civil claims of past sex abuse, according to a press release issued by the Archdiocese yesterday.

"Bill 34, which was passed by the Guam Legislature yesterday, does nothing to protect our children. Unlike Bill 33, which the Archdiocese supports because it may prevent future abuse, Bill 34 is focused only on the past," the press release from the Archdiocese stated.

Senators passed two bills on sex abuse during a voting session on Thursday. Bill 33, introduced by Vice Speaker Benjamin Cruz, will eliminate the statute of limitations on sex crimes committed against those under the age of majority, if signed into law. Under Guam law the age of majority is 18. The window for prosecuting cases of sexual abuse is three years after the age of majority, or 21. The legislation passed unanimously with 15 votes.

Bill 34, which passed nine to six, will allow victims of child sexual abuse that occurred on Guam, whose claims have been barred from filing suit against their abuser because of the expiration of the civil statute, to file suit in the Superior Court of Guam.

Over concerns of false claims brought up during discussions on the floor of the Legislature, the bill was amended to require that plaintiffs file a "certificate of merit," which would include a review of the merits of the claim by a licensed mental health practitioner and an attorney.

Another amendment also removed language in the bill that would have allowed for suit against not just the perpetrators of sexual abuse but institutions found to be grossly negligent in taking care of a child who was abused.

Yesterday's statement called the legislation "flawed" and "vague," and said it might result in unintended consequences.

"Although lifting the statute of limitations in extreme cases of criminal behavior like murder or the sexual abuse of children is warranted, such actions should only be done with great care and prudence," the press release stated. Deacon Jeff Barcinas, spokesperson for the Archdiocese of Agana, also spoke against the bill during a Feb. 7 public hearing.

The release also acknowledged that Archbishop Anthony Sablan Apuron spoke to "a number of" senators about the Archdiocese's concerns on the bill, and that Apuron also "shared the Church's view with the governor's office."

Several senators reported that they had been contacted by the Archbishop ahead of the bill's passage.

 
 

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