Lawmakers Lift Limitations for Victims of Sex Abuse

By Shawn Raymundo
Pacific Daily News
September 13, 2016

http://www.guampdn.com/story/news/2016/09/12/lawmakers-lift-limitations-victims-sex-abuse/90252572/

In a 13-0 vote, lawmakers Monday morning unanimously approved legislation to permanently remove the statute of limitations for all sexual abuse crimes, allowing victims to file civil cases against their alleged assailant.

Sen. Frank Blas Jr., R-Barrigada, introduced Bill 326-33 a few months ago, following several public accusations by former altar boys who allege that Archbishop Anthony Apuron sexually abused them while he was parish priest in Agat during the 1970s. If the bill becomes law, it could allow the alleged victims to sue Apuron.

Sens. Tina Muna Barnes, D-Mangilao and Tom Ada, D-Tamuning were absent from session Monday.

Last week, Joseph “Joe” Santos, the founder of a local grassroots group advocating to help victims of child sexual abuse, presented Blas with a petition that contained signatures from more than 3,000 people who support the bill.

“In light of growing awareness of child sexual abuse, many states have begun to reform criminal statutes. We are hoping to the do same here on Guam,” Blas told his fellow lawmakers during session Monday morning.

Blas noted that child victims of sexual abuse often wait years before disclosing their traumatic experience to someone and that by that time, it’s usually too late to seek any civil, let alone criminal action, against their attacker.

“We can’t give these perpetrators the luxury of hiding behind these crimes because they think that nothing can happen anymore.”

Sen. Frank Blas Jr.

“We can’t give these perpetrators the luxury of hiding behind these crimes because they think that nothing can happen anymore,” Blas added. “Victims shouldn’t have to live this way … or live knowing that they can’t do anything.”

The 31st Guam Legislature in 2011 passed a similar measure by Vice Speaker Benjamin Cruz that abolished the statute of limitations for sex abuse that took place after the date the bill was passed.

Pending the governor’s signature, Blas’ bill would give any victim the opportunity to file civil action and seek monetary restitution from the person who allegedly sexually abused them, as well as the institution or entity that was “acting in concert” with the perpetrator.

In 2011, lawmakers passed a separate bill by Cruz that temporarily opened a two-year window for any victim of childhood sexual abuse to file a civil case. The local Catholic church advocated against it.

Based on emails he’s received from constituents who have said lawmakers have done nothing to protect sexual abuse victims, Cruz on Monday stressed that the Legislature has passed measures to do so.

“This is not the first time that this Legislature has addressed this issue,” he said, adding: “We have been addressing it. And these emails coming to us inferring that we don’t care, I take offense to that because we have addressed it.”

Cruz also reiterated recent statements he’s made about his 2011 bill, arguing that the Chancery office instructed some senators to water down the measure with many amendments and to remove the “deep pockets” provision, which was meant for victims to seek damages from the institutions that had a responsibility to care for them.

Blas’ bill repeals the provisions of the 2011 bill, including the amendments that Cruz said watered it down.

Lawmakers are scheduled to resume this week’s session 3 p.m. Tuesday.