from Daily Free Press in Boston
Legislation will help victims sue offenders
By Luisa Flores Published: Thursday, February 17, 2005
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In the wake of priest sex abuse scandal, Massachusetts legislators pushed bills on Wednesday that would repeal statute of limitations on felonies and raise the cap on suing charitable organizations, making it easier for victims of sexual abuse to bring charges against alleged offenders.
Three bills were introduced, which aim to repeal the statutes of limitations that have prevented many sex offenders from facing charges and have made it difficult for victims to find counsel.
Legislators stressed the bipartisan nature of the proposed legislation on Wednesday.
"This is not a partisan issue, it is a victim's rights issue," Rep. Ronald Mariano (D-Holbrook) said.
The bills, introduced by Sen. Scott Brown (R-Middlesex), would allow victims extended time to come forward and face their abusers, but the burden of proof would remain the same, Mariano said. In addition, one of the bills would repeal the charitable immunity limitation, which prevents victims from seeking more than $20,000 from any charitable institution -- such as churches.
"This [legislation] will send a message to perpetrators," Brown said.
These reforms would put Massachusetts on par with many southern states that have already eliminated the statute of limitations and enacted similar reforms.
"The goal of this legislation is to protect future generations," Mariano said.
The bills will address issues brought to light in the recent trial and conviction of defrocked Catholic priest Paul Shanley, who was sentenced Tuesday to 12 to 15 years for molesting a child throughout the 1980s.
Sen. Steven Tolman (D-Boston) said the reason Shanley was brought to trial was because he left Massachusetts and was no longer subject to the statute of limitations.
"That is a flaw in our current legislation," Tolman said.
According to Tolman, only 2 percent of pedophile priests are prosecuted under current law.
In addition, Tolman said, attorneys are weary of taking cases in which the charitable immunity limitations statute limits their potential earnings to $6,000. This makes it difficult for victims to acquire counsel, he said. District attorneys are also reluctant to bring cases against prominent public figures, especially if there is only one accuser, Tolman explained.
The removal of the statute of limitations on criminal cases would apply only to incidents occurring after the passage of the bill. However, the reform on the civil statute of limitations and removal of caps on liability can be applied retroactively.
"This is the only way to make all perpetrators responsible." Tolman said.