There are too many abusers like Dennis Hastert, victim tells Senate panel

By Christy Gutowski
Chicago Tribune
October 4, 2016

http://www.chicagotribune.com/news/ct-dennis-hastert-senate-hearing-met-20161004-story.html

Dennis Hastert victim Scott Cross is consoled by Illinois Attorney General Lisa Madigan after testifying at a state Senate criminal law panel in Chicago on Tuesday, Oct. 4, 2016. Photo by Antonio Perez

For nearly 40 years, as his former high school wrestling coach rose to great political heights, Scott Cross tried to bury the abuse he survived as a teenage boy by a man he trusted and admired.

On Tuesday, speaking before an Illinois Senate criminal law panel in Chicago, Cross went from a victim to an advocate in urging legislation that gets rid of the deadlines for prosecuting more than two dozen felony crimes involving sexual offenses against children.

He joined Illinois Attorney General Lisa Madigan in supporting the proposal, which was sparked by the federal prosecution of former U.S. House Speaker Dennis Hastert.

In the Hastert case, prosecutors cited the expired statute of limitations as the reason they prosecuted him on banking law violation charges rather than for inappropriately touching several underage boys, including Cross, decades ago when Hastert was a teacher and wrestling coach at Yorkville High School.

Hastert is serving a 15-month federal prison sentence in Rochester, Minn., on charges related to the way he structured bank withdrawals to pay off another victim, known as Individual A, who demanded $3.5 million from his former coach in exchange for his silence.

Cross, 54, a successful Wheaton businessman, came forward after the federal indictment was announced after several months of internal strife as he struggled with feelings of anger, guilt and shame.

The Senate hearing marked the first time he's spoken publicly about the case since delivering an emotional victim-impact statement in April at Hastert's sentencing hearing.

"It should offend everyone's faith in the judicial system that Illinois' laws today would still allow child molesters to avoid prosecution for heinous acts of sexual abuse, because a survivor didn't come forward in time," Cross testified Tuesday. "Sadly my story is not unique, because there are too many abusers like Dennis Hastert in the world. There are other survivors from every corner of this state who, like me, carried a tremendous burden, suffered under tremendous guilt, and felt powerless because we didn't come forward quick enough.

"And, as a result, were silenced by Illinois' legal system."

The five-member Senate panel did not act Tuesday on the proposal to eliminate the statute of limitations on several felony sex crimes against children. The measure, if approved, would not be applied retroactively.

Madigan said more than 10,000 minors sought services for sexual abuse in fiscal year 2015 at child advocacy centers across Illinois. The abuser most times is a trusted adult.

Similar bills have been proposed unsuccessfully in the past in Illinois. Groups such as the Illinois Association of Criminal Defense Lawyers oppose the legislation. Critics argue it places an unfair burden on those accused of such crimes who are forced to defend themselves against often decades-old allegations.

Attorney Steve Baker, of the Cook County public defender's office, urged the Senate panel to find middle ground.

Under current law, even the most egregious sexual offenses against children must be reported and prosecuted within 20 years of the victim turning 18 years old.

Illinois has expanded the statute of limitations for certain sex crimes committed on or after Jan. 1, 2014, when corroborating physical evidence exists or a mandated reporter knew and failed to act.

As a middle ground, short of eliminating the statute of limitations, Baker suggested lawmakers first consider extending it in cases where the accused has a record of committing similar crimes or when more than one alleged victim has stepped forward with a similar complaint.

"Every time you give law enforcement and prosecutors more tools — more leverage — to make (charging) decisions, there is potential for abuse," Baker said.

But Madigan said the Illinois legislation mirrors a national trend, largely due to other high-profile prosecutions, including those involving comedian Bill Cosby and that of a Stanford University student sentenced to six months in prison for a rape case.

The state of California most recently abolished the statute of limitations for rape and child molestation. Some 35 other states and the federal government have removed criminal statutes of limitation for some or all child sex offenses, Madigan said.

"We must ensure that survivors know that they will be taken seriously and justice will be pursued," she said.

Illinois has no statute of limitation for certain serious crimes, including murder, involuntary manslaughter, reckless homicide, arson, forgery, treason and the production of child pornography.

Before speaking out publicly, Cross privately over several months told the Tribune he was victimized in the fall of 1979 when he was wrestling team captain.

Because of his uncertainty about coming forward at the time, given its possible implications on his family and work in the financial services community, Cross had asked the Tribune to keep his identity confidential until he spoke out publicly. The Tribune honored his wishes.

He is a younger brother of ex-Hastert political ally Tom Cross, who is the former longtime Illinois House GOP leader. Tom Cross also attended the hearing.

Hastert, 74, is expected to be paroled next August.