By: Jack Zemlicka, [email protected]//November 22, 2011//
By: Jack Zemlicka, [email protected]//November 22, 2011//
MADISON — A state lawmaker is trying again to clear the way for civil lawsuits against child molesters.
Sen. Julie Lassa, D-Stevens Point, said Tuesday she has introduced a bill that would eliminate the statute of limitations on such suits.
Current Wisconsin law allows people to bring civil lawsuits against anyone who sexually abused them as a child until the victim turns 35. That age limit was extended in 2004 from age 21.
The bill’s supporters argue the age cut-off is arbitrary and people often take decades to muster the courage to go after their abusers in court.
Opponents counter the bill is about generating money for victims’ attorneys.
Lassa has introduced similar proposals in the last two legislative sessions. Republicans currently control both houses of the Legislature, making passage this time around unlikely, as well.
An expansion of current statute would lead to an initial influx of case filings, said James Gatzke, a personal injury lawyer with Gatzke & Ruppelt SC, Waukesha.
“The idea that this becomes a slippery slope is an argument used by those who oppose expansion of victims’ rights,” he said. “But I think that’s a pretty simplistic argument.”
Gatzke said he receives a handful of inquiries annually from alleged victims of childhood abuse who want to file civil suits. Recently, a woman who was abused came to him, he said, and though the statute of limitations had long expired on her alleged incident, he plans to pursue the case with the argument that because she didn’t remember the incident until recently, the statute of limitations should not apply.
“I’m certain there are cases out there where attorneys look at the statute and say, ‘I can’t do anything about it,’” he said. “So if it changes, logic dictates more cases, but certainly not so many that they would overwhelm the system.”
The Associated Press also contributed to this report.