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Legislators renew push to remove statute of limitation in child sexual abuse lawsuits

By: Eric Heisig//July 25, 2013//

Legislators renew push to remove statute of limitation in child sexual abuse lawsuits

By: Eric Heisig//July 25, 2013//

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By Eric Heisig
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New legislation seeks to open a window for child sexual abuse lawsuits that were previously denied because the statute of limitation had expired.

Known as the Child Victims Act, Assembly Bill 265 and Senate Bill 225 would allow anyone to file a civil lawsuit for abuse they incurred as a child for any age. Currently, the limit for those to bring lawsuits for child sexual abuse is age 35.

The act also would create a two-year window for those who were denied the ability to file a lawsuit, including against the Archdiocese of Milwaukee, to bring another civil lawsuit for their abuse.

Nearly identical legislation has been introduced three times prior but never has passed. The Archdiocese, one of the act’s targets, and its supporters heavily have lobbied against past efforts to push the legislation through, and is expected to do so again if it is discussed. Wisconsin Catholic Conference Executive Director John Huebscher said the organization will oppose the bill if it gets to a hearing and discussion.

Assembly Bill 265 was referred to the Committee on Criminal Justice on July 17 and Senate Bill 225 was referred to the Committee on Judiciary and Labor on July 9.

Paul Scoptur, a partner at Aiken & Scoptur SC, Milwaukee, said the legislation most likely would not affect fraud lawsuits brought against the church in the past few years that are currently on hold due to ongoing bankruptcy proceedings, as they are still within the six-year statute of limitation for bringing those claims.

The Archdiocese filed for bankruptcy in January 2011. There are between 20 and 30 fraud lawsuits and more than 500 fraud claims on hold in state court because of the proceedings, said Scoptur, who is handling many clergy-related lawsuits and claims.

The fraud claims stem from the June 2008 deposition of former Archbishop Rembert Weakland, who said he moved priests into churches despite abuse allegations, without alerting parishioners. There is a six-year timeframe for those who wish to bring a lawsuit alleging fraud based on his comments, and that will end next year, Scoptur said.

Archdiocese of Milwaukee spokeswoman Julie Wolf did not return a message placed Thursday morning.

Julie Lassa, D-Stevens Point, and Sandy Pasch, D-Shorewood, the bill’s sponsors in the Senate and Assembly, respectively, both said the Archdiocese is not the sole reason the bill is being introduced again. But they said they believed the timing was right to bring it forward again given recent high-profile developments, such as the Archdiocese’s release of priest-abuse documents and the Jerry Sandusky case.

“[I am hoping] some of the recent revelations will underscore need for this legislation,” Lassa said.

Similar bills were passed in California and Delaware, she said, and multiple groups, such as the Wisconsin Coalition Against Sexual Assault and the state chapter of the National Association of Social Workers, are supporting the bill.

The proposed law comes on the heels of a law passed last year that eliminates the statute of limitation for charging a suspect with first-degree sexual assault of a child. The statute of limitation for second-degree sexual assault of a child expires when the victim turns 45.

“We know through the experience of victims,” Lassa said, “that many times it will take many years to be in a place where they feel comfortable in stepping forward and telling someone.”

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