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<div class="timestamp">June 14, 2012</div>
<h1>Church Battles Efforts to Ease Sex Abuse Suits</h1>
<span><h6 class="byline">By <a rel="author" href="http://topics.nytimes.com/top/reference/timestopics/people/g/laurie_goodstein/index.html" title="More Articles by Laurie Goodstein" class="meta-per">LAURIE GOODSTEIN</a> and <a rel="author" href="http://topics.nytimes.com/top/reference/timestopics/people/e/erik_eckholm/index.html" title="More Articles by Erik Eckholm" class="meta-per">ERIK ECKHOLM</a></h6>
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<p>
While the first criminal trial of a Roman Catholic church official
accused of covering up child sexual abuse has drawn national attention
to Philadelphia, the church has been quietly engaged in equally
consequential battles over abuse, not in courtrooms but in state
legislatures around the country. </p>
<p>
The fights concern proposals to loosen statutes of limitations, which
impose deadlines on when victims can bring civil suits or prosecutors
can press charges. These time limits, set state by state, have held down
the number of criminal prosecutions and civil lawsuits against all
kinds of people accused of child abuse — not just clergy members, but
also teachers, youth counselors and family members accused of incest.
</p>
<p>
Victims and their advocates in New Jersey, Pennsylvania, Massachusetts
and New York are pushing legislators to lengthen the limits or abolish
them altogether, and to open temporary “windows” during which victims
can file lawsuits no matter how long after the alleged abuse occurred.
</p>
<p>
The Catholic Church has successfully beaten back such proposals in many
states, arguing that it is difficult to get reliable evidence when
decades have passed and that the changes seem more aimed at bankrupting
the church than easing the pain of victims. </p>
<p>
Already reeling from about $2.5 billion spent on legal fees, settlements
and prevention programs relating to child sexual abuse, the church has
fought especially hard against the window laws, which it sees as an
open-ended and unfair exposure for accusations from the distant past. In
at least two states, Colorado and New York, the church even hired
high-priced lobbying and public relations firms to supplement its own
efforts. Colorado parishes handed out postcards for churchgoers to send
to their representatives, while in Ohio, bishops themselves pressed
legislators to water down a bill. </p>
<p>
The outcome of these legislative battles could have far greater
consequences for the prosecution of child molesters, compensation of
victims and financial health of some Catholic dioceses, legal experts
say, than the trial of a church official in Philadelphia, where the jury
is currently deliberating. </p>
<p>
Changing the statute of limitations “has turned out to be the primary
front for child sex abuse victims,” said Marci A. Hamilton, a professor
at the Benjamin N. Cardozo School of Law at Yeshiva University who
represents plaintiffs in sexual abuse suits. </p>
<p>
“Even when you have an institution admitting they knew about the abuse,
the perpetrator admitting that he did it, and corroborating evidence, if
the statute of limitations has expired, there won’t be any justice,”
she said. </p>
<p>
The church’s arguments were forcefully made by Patrick Brannigan,
executive director of the New Jersey Catholic Conference, in testimony
before the State Legislature in January opposing a proposal to abolish
the limits in civil cases. </p>
<p>
“How can an institution conceivably defend itself against a claim that
is 40, 50 or 60 years old?” Mr. Brannigan said. “Statutes of limitation
exist because witnesses die and memories fade.” </p>
<p>
“This bill would not protect a single child,” he said, while “it would
generate an enormous transfer of money in lawsuits to lawyers.” </p>
<p>
Timing is a major factor in abuse cases because many victims are unable
to talk about abuse or face their accusers until they reach their 30s,
40s or later, putting the crime beyond the reach of the law. In states
where the statutes are most restrictive, like New York, the cutoff for
bringing a criminal case is age 23 for most serious sexual crimes other
than rape that occurred when the victim was a minor. </p>
<p>
In more than 30 states, limits have already been lifted or significantly
eased on the criminal prosecutions of some types of abuses, according
to Professor Hamilton. The Supreme Court ruled that changes in criminal
limits cannot be retroactive, so they will affect only recent and future
crimes. </p>
<p>
In New York, the Catholic bishops said they would support a modest
increase in the age of victims in criminal or civil cases, to 28. But
their lobbying, along with that of ultra-Orthodox Jewish leaders, has so
far halted proposals that would allow a one-year window for civil suits
for abuses from the past. The bishops say the provision unfairly
targets the church because public schools, the site of much abuse, and
municipalities have fought successfully to be exempted. </p>
<p>
The New Jersey proposal to abolish time limits for civil suits could
pass this summer, said its sponsor in the Senate, Joseph Vitale, a
Democrat of Woodbridge. The main opposition has come from the Catholic
Church, he said. Mr. Brannigan of the Catholic Conference has testified
at hearings, and bishops have “reached out to scores of legislators,”
Mr. Vitale said, warning that an onslaught of lawsuits could bankrupt
their dioceses. </p>
<p>
California was the first state to pass a one-year “window” law to bring
civil suits, in 2003, and those involved say that the legislation moved
so quickly that the church barely responded. But the experience proved a
cautionary tale for the church: more than 550 lawsuits flooded in.
</p>
<p>
Since then, only two states have passed similar laws: Delaware, in 2007,
and Hawaii, in April. Window legislation has been defeated in Colorado,
Ohio, Maryland, Illinois, Washington, D.C., and New York. </p>
<p>
Joan Fitz-Gerald, former president of the Colorado Senate, who proposed
the window legislation, was an active Catholic who said she was stunned
to find in church one Sunday in 2006 that the archdiocese had asked
priests to raise the issue during a Mass and distribute lobbying
postcards. </p>
<p>
“It was the most brutal thing I’ve ever been through,” she said of the
church campaign. “The politics, the deception, the lack of concern for
not only the children in the past, but for children today.” She has
since left the church. </p>
<p>
The Massachusetts Catholic Conference has spoken out strongly against a
bill that would eliminate both criminal and civil statutes of
limitations, but advocates still hope to win a two-year window for
filing civil claims. </p>
<p>
If that happens, “we’ll see a lot more victims come forward, and we’ll
find out more about who the abusers are,” said Jetta Bernier, director
of the advocacy group Massachusetts Citizens for Children. </p>
<p>
The landmark trial of Msgr. William J. Lynn in Philadelphia, who is
accused of allowing predators to remain in ministry, almost did not
happen because of the statute of limitations. </p>
<p>
A scathing grand jury report in 2005 described dozens of victims and
offending priests and said that officials, including Philadelphia’s
cardinal, had “excused and enabled the abuse.” But the law in place at
the time of the crimes required victims to come forth by age 23. “As a
result,” the report said, “these priests and officials will necessarily
escape criminal prosecution.” </p>
<p>
But victims emerged whose abuse fell within the deadline and in 2011, a
new grand jury brought charges against Monsignor Lynn, who had
supervised priest assignments. </p>
<p>
Pennsylvania expanded the limits, and for crimes from 2007 on, charges
will be possible up to the time that victims reach age 50. Advocates are
now pushing to abolish the statute of limitations for child sex abuse
and open a window for civil suits over long-past abuses. But the
legislation appears stalled in the face of church opposition. </p>
<p>
The new archbishop of Philadelphia, Charles J. Chaput, who led the
successful campaign to defeat such a bill in Colorado, says that current
restrictions exist for “sound legal reasons.” </p>
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