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Legislation for abuse related lawsuits
A new web site exists that explains what is at stake regarding legislation soon to go before the New York State Assembly that would rescind the statute of limitations on abuse related lawsuits against private organizations for one year. The websiee enables you to educate yourself on the issue and contact your legislators with just a few mouse clicks.
Visit [http://www.protectnychildren.com/].
Albany Bill Targets Catholic Church-- Questions and Answers
Question: What are these bills and what do they do?
They are Assembly Bill A.2596, sponsored by Assembly Member Margaret Markey and Senate Bill S.2568, sponsored by Senator Thomas Duane. By lifting for one year the statute of limitations on bringing lawsuits in sex-abuse-related cases, these bills would allow people who say they were victims of sexual abuse many years ago to bring such lawsuits to court, no matter how long ago the supposed abuse occurred.
Question: What are statutes of limitations and what purpose do they serve?
Statutes of limitations refer to a period of time in which civil or criminal proceedings can be brought to court against an individual or institution accused of wrongdoing. They exist for virtually all civil and criminal proceedings and were designed to ensure justice and fairness in court proceedings by assuring prompt and timely hearing of evidence and administration of justice.
Question: How would these bills harm the Church?
Under these bills, persons could bring lawsuits against the Catholic Church, its Dioceses, its clergy and its parishes for abuse that may have taken place 60 years ago or more. They could bring these suits even though they may have never reported the abuse at any time previously over those decades and even if the accused and those who have knowledge of the facts are all long dead. A credible determination of the truth will be impossible in such circumstances. Emotion rather than evidence is likely to determine the outcome of such cases. This type of bill was passed in California As a result, several hundred people came forward and made claims based on events that were said to have occurred many years ago. Faced with the prospect of emotional juries evaluating cases made impossible to defend by the passage of time, the dioceses were forced into a position of entering group settlements of all cases rather than risk losing some cases with potential multimillion dollar judgments. Group settlements included even those cases that may have had little or no merit. The cost was nearly a billion dollars with plaintiffs’ attorneys taking close to half of the total awarded to those who claimed abuse. Under New York law, trial attorneys here (who are major supporters of the bills) would see the same windfall.
Question: But doesn’t the Church support helping people abused by clergy as minors?
The Church wishes to see victims of sexual abuse receive help, but without injustice being done to the Catholic people. The Catholic Church has become a leader in efforts to reach out to victims of past abuse with assistance and to prevent future instances of sexual abuse.
Question: How is this legislation “unjust” to Catholics?
There are several ways: One is by ignoring the fundamental principles of fairness embodied in statutes of limitations, it puts in jeopardy Church resources, whose source is the contributions of the Catholic people. These contributions were, and are made to support churches, schools, faith formation and social service ministries and the many other good works from which so many people benefit. Under this law, cases would be brought by attorneys who view these resources as equivalent to the assets of a company whose purpose is to make a profit for itself and its shareholders. This disrespects both the Catholic faithful, whose sacrifices have made the Church’s ministries possible and those who may be deprived of services that the Church may no longer be able to provide. Another way is that it treats the Catholic faithful as responsible for abuse that they did not know about, did not condone and which may have occurred before they were even born. An additional way in which this legislation is unfair is that, after the California experience, many of its supporters are prepared to take advantage of this one-year window in the statute of limitations specifically for the purpose of bringing Suits against the Church.
Question: Are there any other ways in which these bills are unfair?
This legislation also fails to deal in an equivalent way with the situation of children who were victims of abuse by public institutions (such as public schools) even only a few years ago. Because of different laws governing lawsuits against public institutions, victims of abuse through the neglect of public institutions would not benefit by the one-year lifting of the statute of limitations. That’s because anyone suing a public school or municipality must file a notice with the public entity within 90 days of the incident indicating intent to bring a suit. This “notice of claim” provision would not be affected by a change in the statute of limitations.
In California, victims of public school abuse who sought the right to sue were turned away, even though they represent potentially one of the
largest classes of sex abuse victims. This would be the case in New York as well.
Question: What has the Catholic Church done about this misconduct by clergy?
The sexual abuse of children is a heinous crime in Church law as well as civil law. It is true that in the past, a small number of Catholic priests have been guilty of this evil which gravely contradicts the purpose of their vocation. This is why in 2002 the U.S. Bishops agreed to remove from ministry every ordained clergy member who has been found to have committed this type of sexual abuse. It is also why the Catholic Church has become a leader in efforts to reach out to victims of past abuse with assistance and to prevent future instances of sexual abuse especially by anyone who serves in our Churches and ministries. Sadly, sexual abuse occurs everywhere, and society must root out the abusers and punish them to the fullest extent of the law. The most common place for sexual abuse is in the home. Outside the home, public schools are a frequent place where children encounter abuse. A recent report by the Associated Press revealed that in New York State and across the country, the number of children abused by public school employees, such as teachers, far exceeds the number of children abused by Catholic priests. Most cases of sexual abuse by Catholic clergy are in the past. Concentration on abuse by clergy actually constitutes a potentially dangerous distraction from current abuse in other institutions, especially public ones. The Markey and Duane bills do nothing to protect children today from abuse. Nor do they help victims of past abuse. Principal beneficiaries will be trial lawyers.
Question: What should be done?
The Church fully supports:
• extending criminal and civil statutes of limitations going forward
• increased criminal penalties for those who abuse children
• measures to mandate sexual abuse prevention programs in every public and private institution that works with children
• mandatory reporting by clergy members and others of those suspected of committing abuse
An alternative to the Markey and Duane bills was introduced in the Legislature by Assembly Member Vito Lopez (CD-Brooklyn) and Sen. Carl Kruger (CD-Brooklyn) that would extend the statutes of limitations prospectively and, importantly, would amend the notice of claim requirement, leveling the playing field for all victims, so that those abused in public institutions would have the same rights as those abused in private institutions. This bill is fairer in its approach than the Markey and Duane bills. However, the Lopez bill was removed from the calendar after a preliminary vote in the Codes Committee of 8 in favor to 11 against. We believe the Lopez bill with some modifications is still viable legislation and could be reintroduced to the Assembly Codes Committee sometime in the future.
Question: What can I do to make my voice heard in these bills?
Please call your local legislators and Governor Paterson to reject these terribly misguided and unjust bills, A.2596/ S.2568. You can become an effective voice on this and other important legislation by logging on to www.nvscatholic.orQ, clicking onto “Join the Network” and becoming part of the Catholic Advocacy Network.
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