While the first apparent target of this bill are wayward priests, the fact that others such as wayward psychiatrists would also be covered under this proposed change in the law is a very good thing. we cite the recent case in California of the infamous psychiatrist Dr. William Ayers as an example where there are many potential victims who are outside the statute of limitations there. As reported in the Daily Times
After a five-hour hearing Tuesday in which the Catholic Diocese of Wilmington warned of possible ministry cutbacks and an industry representative warned of the potential for higher-cost or nonexistent insurance coverage, the House Judiciary Committee voted 5-0 to release a bill that would eliminate the civil statute of limitations for child sexual abuse cases.
In all, the committee heard eight hours of comment on the bill, including a three-hour hearing May 10.
S.B. 29, sponsored by Sen. Karen Peterson, D-Stanton, has far-reaching implications for victims of child sexual abuse, most of whom have been unable to sue their abusers because of Delaware's two-year statute of limitations. Many sexual abuse victims require decades before they come to terms with the offense enough to tell anyone, and some never do, experts say.
In addition to eliminating the two-year time limit, the bill would provide a two-year window during which claims previously barred by the statute could be filed. Institutions that allowed the abuse to occur through gross negligence also could be sued.
Catholic pastor in favor
The Rev. Richard Reissmann, pastor of St. John the Baptist-Holy Angels parish in Newark and a Diocese of Wilmington priest for 44 years, urged lawmakers to pass the bill unamended to correct a statute of limitations he says is "unjust." Reissmann has been an advocate for victims for years.
"We must give the courageous ones the opportunity to make their case," he said. "If we as a society place money, power or privilege as superseding justice, then we are a society that has become tepid, weak and immoral."
Wilmington dentist Dr. Tom Conaty urged lawmakers to pass the bill unamended.
"The 150,000 Delawareans whose lives have been ruined by these reprehensible criminals have had enough," Conaty said. "Don't let another year go by without bringing them to justice."
Steven Abrams, 43, traveled from Los Angeles to support the bill, saying California's decision to allow previously barred cases enabled him to sue a psychiatrist he says sexually abused him as a boy.
His case prompted dozens of other alleged victims of the doctor to come forward with claims of abuse that stretched back almost 40 years, and law enforcement officials found enough recent evidence of continuing abuse to arrest the 75-year-old man.
"I came to Delaware in the hope that you will pass the same kind of legislation so predators can be exposed and kids will be healed," Abrams said.
A $41 million jury verdict last month against a Norbertine priest accused of abusing a former Archmere Academy student during the 1980s has church officials and leaders of some nonprofit organizations concerned about opening court doors to previously barred cases.
Anthony Flynn, attorney for the Diocese of Wilmington, said the diocese supports a change to the statute of limitations -- perhaps 25 years after a person turns 18, or perhaps allowing suits against cases that date to 1987, consistent with Delaware's criminal statute.
"The diocese is looking for some recognition of the legal and practical problems of simply eliminating the statute of limitations," he said.
Impact on diocese
The diocese would feel the greatest impact of the bill, Flynn said, and in light of the $41 million verdict it expects the bill to produce more lawsuits and fewer settlements. That would cut into ministries.
"The Diocese of Wilmington has an obligation to those victimized by clergy to help them heal," he said. "If that is a significant financial burden on the diocese, so be it. ... But the impact on ministry is undisputable."
George Krupanski, president and CEO of the Boys & Girls Clubs of Delaware, said any organization that knowingly allowed abuse to occur should be shut down. But, he said, records do not exist that would enable his organization to investigate or defend itself against allegations of incidents that might have occurred decades ago. He urged limits to the retroactive part of the bill.
Matthew C. Doyle, commercial marketing executive for the Zutz Group insurance firm, said only a handful of insurers will write supplemental coverage for sexual abuse and molestation liability in Delaware. He predicted that such coverage would be prohibitively expensive for some groups, and some organizations catering to youth and children would be forced to shut down for lack of insurance.
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