Saturday, February 26, 2011

Virginia House of Delegates Extends Statute of Limitations for Clerical Abuse Lawsuits

In a move that I applaud the Virginia House of Delegates has voted to extend the statute of limitations for lawsuits against sexual predator clergy to 20 years. Not surprisingly, the Catholic Church opposed the legislation. The Church talks a good game about caring about the victims of predator priests, but it's all lip service. Actions speak volumes and the Church's actions consists of lies, cover ups and extreme efforts to re-victimize victims of abuse and to avoid paying out well deserved compensation for damaged lives. One of the sponsors of the bill was Chesapeake Senator Fred Qualyle who while conservative is no religious extremist like so many of his Virginia GOP colleagues. One would hope that Bob McDonald will sign the legislation.The Washington Post looks at the this development and here are some highlights:
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The House [of Delegates] on Thursday agreed to give victims of childhood sexual assault more time to sue their abusers, clearing the way for final passage of one of the more combative issues of the session.
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The compromise would allow victims to file a lawsuit up to 20 years after the event, after the victim turns 18 years old, or after the abuse has come to light, such as through a recovered memory. The current statute of limitations sets a two-year limit.
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some lawmakers and organizations, including the Catholic Church, expressed reservations about extending the deadline too far. They said it would be difficult and unfair for organizations to defend against allegations that happened long in the past. They also expressed concern that tangled memories about a distant event and an absence of witnesses or other evidence could make it easier for an innocent person to be wrongly accused.

As initially written, the bills sponsored by Albo and Sen. Frederick M. Quayle (R-Chesapeake) would have extended the deadline to 25 years. The Senate passed an amended version of Quayle's bill that would set the limit at 20 years. The House adopted Albo's bill but reduced the period to eight years. That was amended again in the Senate to 20 years, like Quayle's, and returned to the House.
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I think it could provide some access to the courts," said Carl Tobias, a professor at the University of Richmond's School of Law. He also dismissed fears that people might bring groundless suits. "I just don't think it's going to open the door to those kinds of complaints," Tobias said.

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