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Bill Adds Time to Claim Child Sexual Abuse

By Jim Walsh
Courier-Post
March 9, 2012

http://www.courierpostonline.com/article/20120309/NEWS01/303090020/Bill-adds-time-claim-child-sexual-abuse

Louis Greenwald. TUESDAY OCTOBER 2, 2007. (Tina Markoe Kinslow/Courier-Post) / TMK/COURIER-POST

A South Jersey legislator has introduced a bill that would allow more time for victims of child sex abuse to sue their assailants.

The measure, which would end a current two-year statute of limitation for such civil suits, is part of a three-bill package proposed by Assembly Majority Leader Louis Greenwald, D-Voorhees.

The proposed legislation also would require more training for school employees and others to recognize and report the signs of child sexual abuse. Among other changes, it would toughen criminal penalties for child sexual abuse and would expand the category of people liable for “knowingly permitting or acquiescing” to the offense.

“When it comes to cracking down on the sexual abuse of children, it’s clear that a comprehensive approach is needed,” Greenwald said in a statement Thursday.

Due to the current statutory limit, “many victims of sexual abuse as a child face significant hurdles or find their (legal) claims entirely foreclosed,” Greenwald said.

Under the bill, a victim’s lawsuit against an alleged abuser “may be commenced at any time.”

Powerful forces of shame and secrecy can cause victims to stay silent for decades about childhood sex abuse, said Steve Rubino, a Margate attorney whose practice has focused on cases involving clergy offenders.

He noted abusers often are trusted, well-regarded figures who manipulate victims to protect themselves.

“If you’re told to keep it secret, then you know that something’s wrong,” said Rubino. “But if you speak out, you will be rejected and not believed by your parents, your friends and your teachers.”

He said victims often develop drug- and sex-related problems, as well as depression and other emotional ills, that reinforce the secrecy. Even victims with more stable lives can be reluctant to disclose childhood sex abuse.

“They think, ‘If I do this, my whole world could fall apart’,” Rubino said.

An attorney for the Diocese of Camden on Thursday invoked the statute of limitations in asking a federal judge to dismiss a lawsuit filed in January by an Ohio man who alleged he was abused by a parish priest in Camden about 45 years ago. The man, Mark Bryson, claimed he had repressed all memories of the assaults until about two years ago.

The diocese’s lawyer, William DeSantis of Cherry Hill, argued that the legal deadline for any suit passed when Bryson was 20 years old, or two years after he became an adult. As a result, he asked the judge to dismiss Bryson’s “stale claims.”

Among other changes, Greenwald’s bills would increase criminal fines for persons convicted of sex offenses under Megan’s Law and would boost the minimum prison terms for repeat offenders from five to eight years.

The legislation also would require training programs, for school employees and others, on how to recognize and report signs of childhood sex abuse. In addition, more employees and some school volunteers would have to undergo criminal background checks every three years.

Reach Jim Walsh at (856) 486-2646

 

 

 

 

 




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