Tear down statute of limitations on cases of sexual abuse of children
Posted on Thursday, December 15, 2011 at 08:56 AM
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| Markey aims to extend limitations on reporting sex abuse cases |
Elected in 1998, Markey, a past president of the New York State American Irish Legislators Society, has stepped into the fray over the recent spate of sex abuse horror stories and offered up a solution that seems eminently sensible.
Markey has introduced a bill that would change the current statute of limitations when it comes to criminal and civil cases. Currently, when the victim turns 18, they have five years to come forth.
Markey’s bill would not start the clock until the victims turn 23.
“I’m going to do what I can to get Governor Cuomo and the Senate on board,” Markey was quoted in the Daily News as saying. “I think we have a fair chance with the governor.”
It’s not hard to understand why Markey would call for the passage of this bill now. We have read about a terrible litany of sex abuse crimes against kids in recent weeks.
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There have been allegations coming out at a dizzying pace -- from Penn State University, from Syracuse University and from Poly Prep High school in Brooklyn, just to name a few.
And, of course, it is impossible to discuss a story such as this without acknowledging the broader history of abuse in the Catholic Church, in the U.S., Ireland and elsewhere.
And therein lies some of the trouble.
The Catholic Church has lobbied to prevent the passage of Markey’s bill. She made note of this fact when commenting about it earlier this week.
“This bill is not about the Catholic Church,” said Markey. “It is about pedophiles. But some of my colleagues are intimidated by the Catholic Church.”
And lest anyone suggest Markey is merely jumping on a hot issue to get some headlines, she has been fighting for a bill such as this for most of the past decade.
As the Daily News noted, “Markey first introduced the bill seven years ago and it cleared the Assembly several times but has faced stiff opposition from the Republican-controlled Senate and the Catholic Church.”
Irish Americans such as David Clohessy, executive director of SNAP, the Survivors Network of Those Abused By Priests, have long supported legislation extending the statute of limitations in such cases.
Clohessy and others had hoped the ongoing horror of abuse revelations might persuade lawmakers in New York, as well as Arizona and Wisconsin, to pass Markey’s law.
This past summer, however, after intense lobbying efforts by the New York State Catholic Conference, a similar bill was defeated in the New York State Senate.
“You cannot ask institutions to take responsibility for the failures of a few individuals whose actions took place 40 and 50 years ago,” said Dennis Poust, the communications director of the New York State Catholic Conference.
There is no point in making this a story about the evil, secretive Catholic Church.
First of all, the Catholic Church is not the only religious organization opposed to these reforms.
Numerous Jewish groups also see the law as a way to decimate their finances, images or both. (And further proving this is not merely a Catholic problem, Brooklyn DA Charles Hynes is currently prosecuting “an astounding 85 accused Orthodox child molesters,” according to the New York Post.)
More broadly, it should go without saying that sex abuse cases that originated years, even decades earlier, must be treated with a certain amount of sensitivity. There is research that suggests childhood memories about such traumatic events can be unreliable.
On the other hand, it is also clear that victims often bury their pain away in deep, dark places. There are a thousand and one reason to do this, one of them being that a 12-year-old has positively no idea what to do with such pain.
Adulthood finally brings with it a sense that something can be done about such a horrendous crime.
That a statute of limitations might possibly protect a criminal who, it’s quite clear, has a pattern of abusive behavior, is yet another insult to the victims who have suffered so long.
(Contact “Sidewalks” at tomdeignan@earthlink.net or facebook.com/tomdeignan)
22 Comments
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Searlit | Dec 18, 2011, 07:03 PM EST
Thanks, MacNamara31. Women have to stand up for the children, even if the legal system refuses to protect them.
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keneconnor | Dec 18, 2011, 10:31 AM EST
McNamara what if someone said that you groped them 40 years ago and they had a team of lawyers demanding millions for it? How could you defend yourself? You couldn't. That is why statutes of limitation s have been around since Roma Times and why we should resist the lynch mob mentality that will only lead to fraudulent cases and hucksters bankrupting the church with phony claims.
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McNamara31 | Dec 17, 2011, 11:23 AM EST
keneconnor... "Persecute"? These actions are not the "Church that Jesus founded" rather very far from it, and very corporate minded and not child minded as well. Did you ever think Christ wants us all to rise up and confront the church and get it back on the path as Christ intended? And part of it would be a two year window to rectify victims who may still be out there.It's going to take more than 10 years (from 2002) for a church who was concealing these crimes to correct these offenses legally and morally.
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keneconnor | Dec 16, 2011, 10:56 PM EST
Oh yes let's persecute the church over mistakes that society --all of society--made 50 year ago before I was even born.
As we Irish worship money and government and renounce the church that Jesus himself founded, we are now really screwed as our government is now flat broke.
Better that we never left the church to worship the false idols of this world.
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SingleDonald | Dec 16, 2011, 04:13 PM EST
McNamara31, Yes, I remember the scandal breaking in Boston. People initially defended Cardinal Bernard Law, then villified him. He never abused any kids, but transferred accused priests, like the monster John Goehegan (spelling?), to other parishes, where they abused more kids. Father Bruce Ritter, of Covenant House, exposed in December, 1989, was only the tip of the iceberg. Though technically not a pedophile, he engaged in immoral acts with boys past puberty. I was pleased with SisterMaureen's post about the burden of proof to be on the plaintif, and that there are stiff penalties for leveling false accusations.
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McNamara31 | Dec 16, 2011, 12:40 PM EST
Kay4Justice.... Wasn't that Giuliani?
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IrelandNorth | Dec 16, 2011, 07:54 AM EST
Any institutional religion which propogates a myth-eology of a divine child born of a virgin im-pregnated by an archangel on behalf of a God, (preached by a sexually-inactive celibate clergy to avoid property inheritance rights) is sexually abuso-genic.
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eiriamach | Dec 16, 2011, 07:41 AM EST
Of course I expect institutions to take responsibility for the abuse, for the cover-ups that have delayed investigations for many years, and for the destruction of records that obstructs justice altogether. It's unrealistic to expect teenagers or younger victims to have sorted out enough about sex to promptly accuse adult authority figures who have exploited them. Misplaced guilt and fear motivate the repression that buries memories of abuse beneath layers of distortion and denial. Even among adult victims, people are so loath to hear about rape cases that victims often get the message from relatives, police, friends, attorneys, and media that somehow or other they themselves are to blame, and most cases never reach the courts. The worst part, however, is the lie that the Catholic Church is repentant over its history of abuse. The US Conference of Catholic Bishops spent more than $143 million in 2009, including $27 million on "public policy" advocacy. Much of this money funded attempts to stop states' from extending statutes of limitations on sexual abuse of children. Clerics who work so determinedly to elude responsibility and punishment for their crimes lose all moral authority when they declare their repentance for those crimes.
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Collette2 | Dec 16, 2011, 04:56 AM EST
Have just read an update on Brokenrites website under Whats New. Boy is there a problem downunder.
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SisterMaureen | Dec 15, 2011, 10:39 PM EST
Sorry - the last line should read:
How hard is this to understand?
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SisterMaureen | Dec 15, 2011, 10:38 PM EST
Everyone has a right to access the judicial system. And providing a two yar civil window as we have done in Delaware does one thing- it gives those who were abused access to the civil courts as 99 percent are denied access through criminal prosecution in states like New York and PA.
Second point - the burden of proof is on the plaintiff. If evidence is non-existent, has been destroyed, whatever, then a given case goes nowhere. There have been very few falso claims percentage wise. And besides, like any other kinds of crimes, accusations found to be false have felony charges of their own. How are is this to understand?
Sister Maureen
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Kay4Justice | Dec 15, 2011, 08:20 PM EST
Cuomo is a Catholic. When he wanted to run for President, an accused predator ex-priest was his manager. Cuomo then withdrew. Now, years later, New York has the chance to make a very small change in favor of children and against those who rape them. Will NY do so? The world is watching, and will remember.
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McNamara31 | Dec 15, 2011, 08:13 PM EST
SingleDonald.... Trauma and shame make victims frozen and unable to confront what happened to them for decades. Remember the reality of abuse within the church only came to the forefront in 2002; before that, it was thought to be unfathomable.
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SingleDonald | Dec 15, 2011, 07:16 PM EST
I have previously defended statutes of limitations, and continue to do so. How can someone be prosecuted after years, even decades have elapsed? Where can defense witnesses, or even prosecution witnesses, for that matter, be located? Maybe a pat on the back was just that! As katiemac said, there are plenty of gold diggers out there, lawyers AND alleged victims. All the publicity, concerning the current scandals, should strongly encourage present pedophile victims to come forward NOW, not when they are 40, or 50 years old!
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