‘give Victims a Taste of Justice.’ Sexual Assault Survivors Plead for More Time to File Suit over Past Abuse in N.J.
By Susan K. Livio
Bearing photos of themselves as children, six sisters came to a Statehouse hearing in Trenton on Thursday to plead with a panel of state lawmakers to vote in favor of bill allowing child sex assault victims in New Jersey to sue over past abuse. Five of the Fortney sisters say they were sexually assaulted decade ago by Father Augustine Giella, a priest who was transferred to their parish in western Pennsylvania from the Archdiocese of Newark. They are still seeking answers. The legislation would expand the state statute of limitations for civil lawsuits in the state, allowing the women to sue and perhaps be able to find out the extent of his horrific acts, they said. “So much of our story is here in New Jersey,” said Patty Fortney-Julius, one of the five sisters who was sexually abused for nearly 10 years. “We want to know why he was moved from the Newark diocese. ... Was he a known pedophile here in New Jersey? Did the Newark Diocese knowingly move our pedophile monster priest to our front door?” After five hours of emotional testimony, the state Senate Judiciary Committee approved the legislation by a 8-1 vote. The same bill is expected to be voted on Monday in the state Assembly Judiciary Committee, and then voted on by both houses later this month. The legislation would allow adults who were sexually assaulted as children to bring a civil suit up until the age of 55 or seven years after they make “the discovery" connecting their emotional and psychological injury to their abuse. It would allow a victim to sue an institution and a specific individual. The law would affect churches and other nonprofit institutions. Victims who previously could not file lawsuits because of the statute of limitations would have a two-year window — from Dec. 1, 2019, to Nov. 30, 2021 — to file their cases, including if they are over the age of 55. The legislation, (S477) also allows adult sexual assault victims seven years to file a civil lawsuit, instead of the current two-year time limit. “The one tried and true method to identify predators — the only thing that has worked — is eliminating the statute of limitations on child sex abuse,” University of Pennsylvania Professor Marci Hamilton, who founded of CHILD USA, a child abuse think tank. On average, survivors come forward to tell their story at age 52, Hamilton said. “The vast majority of victims in this state have had no chance at justice,” Hamilton said. “The answer is to pass this bill. ... Without this bill, you are going to choose not to know” who the pedophiles are. After the hearing, state Sen. Joseph Vitale, the bill’s prime sponsor, spoke after the vote.
“The nature of sexual assault and rape is such that the standard statute of limitations cannot justifiably apply,” Vitale, D-Middlesex, said. “We know too much about the suppression of childhood trauma, the internal turmoil and the social pressures that handicap a survivor’s capacity to seek justice to also limit them by law.” The effort to change the law took on renewed urgency in August after a Pennsylvania grand jury investigated and released the names of 300 clergy members credibly accused of sexual assault. Last month, New Jersey’s five Catholic dioceses released the names of 188 priests and deacons “credibly accused” of abusing children over multiple decades. More than 100 were dead. Few were ever criminally prosecuted. Catholic leaders oppose the portion of the bill that allows an institution, including the church, to be sued retroactively by victims for old cases. Though, church officials said they do support the sections of the bill saying victims can sue over any abuse in the future, and can sue the individual perpetrators. But if the committee is not willing to compromise, Patrick Brannigan, executive director of the New Jersey Catholic Conference, asked the committee to delay the effective date of the new law so it doesn’t interfere with the church’s new compensation program for victims. The fund, overseen by an independent body, will pay out victims who come forward from July 1 to Dec. 31, Brannigan said. The law is expected to take effect on Dec. 1. Among the 50 people who testified, there were grandparents victimized as children, parents who spoke on behalf of their children who were unable to be there. Some were dressed in suits, some in leather jackets and jeans. Most wept. They applauded each other after delivering their testimony. Katie Brennan, a state official whose claim of rape against a former adviser of Gov. Phil Murphy has focused attention on victims’ rights, also urged the committee to approve the bill. Two years is not enough time for victims to sue, she said, noting she waited eight months before authorities declined to charge the man she accused of rape. “We want to believe the justice system works and will be there when we are in need.,” Brennan said. “The system is not built for survivors.” Todd Kostrub of Surf City attended the hearing with his mother who said she is racked with guilt for encouraging him to embrace the church. After enduring a decade of sexual abuse, beginning at age seven, by his parish priest, Kostrub said he mustered the strength to tell his story to the police about 20 years ago. The State Police investigated - getting the clergyman to admit what he had done, he said, waving a copy of the investigative report. But the Burlington County Prosecutors Office said it too was too late to go forward with the case. “Please, please, end this. Give victims a taste of justice,” Kostrub said. NJ Advance Media staff writer Kelly Heyboer contributed to this report. Susan K. Livio may be reached at slivio@njadvancemedia.com Follow her on Twitter @SusanKLivio. Find NJ.com Politics on Facebook.
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