TO: Members, Judiciary (Civil) Fleming Subcommittee
Representative Stephen Allison
Representative Beth Beskin
Representative LaDawn Jones
Representative Mary Margaret Oliver
Representative Larry O’Neal
Representative Jay Powell
Representative Dale Rutledge
Representative Pam Stephenson
Ex Officio: Wendell Willard
Mike Jacobs
FROM: Representative Barry Fleming, Chairman
RE: MEETING NOTICE / AGENDA
The Fleming Subcommittee of the House Judiciary (Civil) Committee will meet on Wednesday, February 18, 2015 at 3:30 PM in 132 Committee Room.
Lawmakers Discuss Child Sex Abuse Cases and the Statute of Limitations
House lawmakers are discussing a measure surrounding child sex abuse cases and the statute of limitations in South Dakota.
In 2010 the South Dakota legislature passed a law tightening the statute of limitations for childhood sex abuse claims. Child sex abuse victims who are 40 years or older can no longer bring civil law suits against their alleged perpetrators. Represented Steve Hickey of Sioux Falls says the 2010 law had unintended consequences. He says many lawsuits that were in court during the passage of the law were thrown out because the courts applied the statute retroactively. Hickey has brought a measure that would allow those victims to bring those cases back to court.
Barbara Dahlen and her nine sisters say they were sexually abused by clergy at the Blue Cloud Abbey in eastern South Dakota during the late 1960s and early 1970s. Dahlen says their civil case was thrown out after the legislature passed the 2010 law. She says their case should be vetted and decided in court not by the legislature.
“I ask you today to allow our voices to be heard so social justice can be determined,” says Dahlen.
The 2010 law affected other cases similar to Dahlen’s. Representative Steve Hickey says his bill could impact around 67 cases involving church officials of native boarding schools in South Dakota.
Opponents say House Bill 1163 could open up the door for frivolous claims. Mike Shaw is a lobbyist for Property Causality Insurers Association of America. He says the statute of limitations is necessary to insure a fair trial for both sides.
“After 40 years memories fade. Memories may be gone. Folks move, witnesses, die, it makes it very, very, very difficult to bring a lawsuit and to defend a lawsuit,” says Shaw.
The House Judiciary committee deferred action on House Bill 1163 until a later date.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-02-10 22:11:242015-02-11 22:12:46Lawmakers Discuss Child Sex Abuse Cases and the Statute of Limitations, SDPB
BUFFALO, New York — A New York state senator says the state should repeal the statute of limitations for sexual abuse against minors.
Sen. Marc Panepinto says New York has one of the shortest windows in the country for pursuing complaints through the courts and he’s proposing legislation to change that.
He’s set to appear at a news conference in Buffalo Friday with a man and woman who recently sent a letter to Pope Francis asking for an investigation into the way the Roman Catholic Diocese of Buffalo handled their complaints of sex abuse against church employees.
The two say they were victimized as children but can’t sue because of New York’s requirement that accusers come forward by age 23.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-02-06 00:59:482015-02-08 01:00:56Lawmaker calls for repeal of New York statute of limitations for sex abuse against children, AP
OHIO STATEHOUSE (Rob Wells) — If one Ohio Senator has his way, police will have unlimited time to prosecute rapists.
Republican State Senator Jim Hughes is pushing to pass Senate Bill 13. The legislation, if finally signed by Governor Kasich, would lift the 20-year statute of limitations in using DNA to convict rapists in Ohio.
Hughes says the current 20 year limit in Ohio was enacted before DNA kits were used in sexual assault investigations. He says he believes the measure would be especially valuable to child sex crime victims, and hopes to have the bill passed by April.
Sue Wismar of the Sexual Assault Response Network of Central Ohio says while the move will help, it won’t solve all cases where DNA wasn’t collected. She adds that her agency works closely with rape victims and hopes the Senate Bill will give victims a chance in putting rapists behind bars.
Wismar encourages any victim of sexual assault to contact the 24 Hour Rape Helpline at 614-267-7020.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-02-05 00:06:542015-02-08 00:30:31Elizabeth Faugl, Lawmaker Pushing for Change in Statute of Limitations on Rape Cases, ABC 6
More than a dozen victims came out in support of a new Georgia bill which would extend the statute of limitations in civil court for child sexual abuse victims to 35 years.
This would allow victims to file claims against their attackers until they are 53 years old. Current law bars claims that are filed after a victim is 23 years old.
“We are here under this dome- seeking justice in House Bill 17 to extend the statute of limitations on civil statute so the courtroom doors can be open for the survivors of child sexual abuse,” said Angela Williams, a rape victim, and founder of Voice Today, an advocacy group. Williams says it often takes years — even decades, for victims to come forward.
The “Hidden Predator Act” would also open more investigative records, and would add a two-year window for revival of claims for victims.
“These folks are locked out of the courts and justice is absolutely denied,” said Rep. Jason Spencer (R – Woodbine). Spencer is sponsoring HB 17.
“Georgia is one of the five worst states in country: if you are over the age of 23 you are out of luck,” said Marci Hamilton, a professor of the Benjamin Cardozo School of Law in New York City.
The bill had a House committee hearing on Monday.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-02-04 04:58:252015-02-04 04:58:25Rachel Stockman, New bill being pushed by victims of child sex abuse, WSB-TV Atlanta
State House members hear testimony from adult victims of child sexual abuse who are calling for more time to be able to go after their abusers in court.
House Bill 17, which is called the Hidden Predator Act, would extend the statute of limitations for victims to file a lawsuit from five to 35 years once the victim reaches age 18.
Angela Williams, founder of Voice Today which advocates for such victims, was sexually abused by her now deceased stepfather from the age of 3 to 17. She tells WSB’s Sandra Parrish the median age for a victim to disclose the abuse is 40.
“We really need time for an adult to be able to process the trauma, to be able to heal, and to have the courage to face the perpetrator,” she says.
Often times the abuser is a family member, pastor, coach or other trusted figure of authority that the victim doesn’t feel they can report.
“They are threatened and they are very scared about alienating the entire family when they come out and tell the truth,” says Marci Hamilton, a professor at Cardozo School of Law at Yeshiva University in New York.
As a nationwide advocate for change, she says Georgia is one of the five worst states in the country for access to justice for child sex abuse victims.
Lori Kennedy was a high school student when she was raped daily by the attorney for whom she was interning. It wasn’t until years later she realized she, in fact, was a victim of child sexual abuse.
“I had so just tried to put it behind me that I had not recognized the word abuse applied to me,” she says.
Kennedy, who now tells her story to others as part of a ministry, says she simply wants to make sure her abuser, who is now a judge, doesn’t harm anyone else.
Part of the bill would also allow victims or their legal guardian access to police and other investigation records which are currently off limits.
The bill, sponsored by Rep. Jason Spencer (R-Woodbine), was introduced during last year’s session but time ran out before it could be considered by either the House or the Senate.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-02-04 00:06:562015-02-04 00:06:56Sandra Parrish, Child sex abuse victims ask lawmakers for more time to sue their abusers, WSBradio
Georgia Alert – Hidden Predators Act Meeting Wednesday, Feb. 18th
/in Georgia /by SOL ReformM E M O R A N D U M
February 10, 2015
TO: Members, Judiciary (Civil) Fleming Subcommittee
Representative Stephen Allison
Representative Beth Beskin
Representative LaDawn Jones
Representative Mary Margaret Oliver
Representative Larry O’Neal
Representative Jay Powell
Representative Dale Rutledge
Representative Pam Stephenson
Ex Officio: Wendell Willard
Mike Jacobs
FROM: Representative Barry Fleming, Chairman
RE: MEETING NOTICE / AGENDA
The Fleming Subcommittee of the House Judiciary (Civil) Committee will meet on Wednesday, February 18, 2015 at 3:30 PM in 132 Committee Room.
UPDATED AGENDA
HB 17 LC 29 6112 (Spencer 180th, Oliver 82nd, Rakestraw 19th, Brockway 102nd, Morris 156th, Kaiser 59th)
Hidden Predator Act; enact
cc: Clerk’s Office
Speaker’s Office
Legislative Counsel
Policy Analyst
Lawmakers Discuss Child Sex Abuse Cases and the Statute of Limitations, SDPB
/in South Dakota /by SOL ReformLawmakers Discuss Child Sex Abuse Cases and the Statute of Limitations
Lawmaker calls for repeal of New York statute of limitations for sex abuse against children, AP
/in New York, NY Child Victims Act /by SOL Reformhttp://www.dailyjournal.net/view/story/3621958d0d8c44e982526a3a51794df0/NY–Child-Sex-Abuse/
BUFFALO, New York — A New York state senator says the state should repeal the statute of limitations for sexual abuse against minors.
Sen. Marc Panepinto says New York has one of the shortest windows in the country for pursuing complaints through the courts and he’s proposing legislation to change that.
He’s set to appear at a news conference in Buffalo Friday with a man and woman who recently sent a letter to Pope Francis asking for an investigation into the way the Roman Catholic Diocese of Buffalo handled their complaints of sex abuse against church employees.
The two say they were victimized as children but can’t sue because of New York’s requirement that accusers come forward by age 23.
Elizabeth Faugl, Lawmaker Pushing for Change in Statute of Limitations on Rape Cases, ABC 6
/in Ohio /by SOL ReformOHIO STATEHOUSE (Rob Wells) — If one Ohio Senator has his way, police will have unlimited time to prosecute rapists.
Republican State Senator Jim Hughes is pushing to pass Senate Bill 13. The legislation, if finally signed by Governor Kasich, would lift the 20-year statute of limitations in using DNA to convict rapists in Ohio.
Hughes says the current 20 year limit in Ohio was enacted before DNA kits were used in sexual assault investigations. He says he believes the measure would be especially valuable to child sex crime victims, and hopes to have the bill passed by April.
Sue Wismar of the Sexual Assault Response Network of Central Ohio says while the move will help, it won’t solve all cases where DNA wasn’t collected. She adds that her agency works closely with rape victims and hopes the Senate Bill will give victims a chance in putting rapists behind bars.
Wismar encourages any victim of sexual assault to contact the 24 Hour Rape Helpline at 614-267-7020.
Rachel Stockman, New bill being pushed by victims of child sex abuse, WSB-TV Atlanta
/in 2015 Legislative Session, Georgia /by SOL ReformBy Rachel Stockman
ATLANTA —
More than a dozen victims came out in support of a new Georgia bill which would extend the statute of limitations in civil court for child sexual abuse victims to 35 years.
This would allow victims to file claims against their attackers until they are 53 years old. Current law bars claims that are filed after a victim is 23 years old.
“We are here under this dome- seeking justice in House Bill 17 to extend the statute of limitations on civil statute so the courtroom doors can be open for the survivors of child sexual abuse,” said Angela Williams, a rape victim, and founder of Voice Today, an advocacy group. Williams says it often takes years — even decades, for victims to come forward.
The “Hidden Predator Act” would also open more investigative records, and would add a two-year window for revival of claims for victims.
“These folks are locked out of the courts and justice is absolutely denied,” said Rep. Jason Spencer (R – Woodbine). Spencer is sponsoring HB 17.
“Georgia is one of the five worst states in country: if you are over the age of 23 you are out of luck,” said Marci Hamilton, a professor of the Benjamin Cardozo School of Law in New York City.
The bill had a House committee hearing on Monday.
Sandra Parrish, Child sex abuse victims ask lawmakers for more time to sue their abusers, WSBradio
/in Georgia /by SOL ReformBy Sandra Parrish
Atlanta —
State House members hear testimony from adult victims of child sexual abuse who are calling for more time to be able to go after their abusers in court.
House Bill 17, which is called the Hidden Predator Act, would extend the statute of limitations for victims to file a lawsuit from five to 35 years once the victim reaches age 18.
Angela Williams, founder of Voice Today which advocates for such victims, was sexually abused by her now deceased stepfather from the age of 3 to 17. She tells WSB’s Sandra Parrish the median age for a victim to disclose the abuse is 40.
“We really need time for an adult to be able to process the trauma, to be able to heal, and to have the courage to face the perpetrator,” she says.
Often times the abuser is a family member, pastor, coach or other trusted figure of authority that the victim doesn’t feel they can report.
“They are threatened and they are very scared about alienating the entire family when they come out and tell the truth,” says Marci Hamilton, a professor at Cardozo School of Law at Yeshiva University in New York.
As a nationwide advocate for change, she says Georgia is one of the five worst states in the country for access to justice for child sex abuse victims.
Lori Kennedy was a high school student when she was raped daily by the attorney for whom she was interning. It wasn’t until years later she realized she, in fact, was a victim of child sexual abuse.
“I had so just tried to put it behind me that I had not recognized the word abuse applied to me,” she says.
Kennedy, who now tells her story to others as part of a ministry, says she simply wants to make sure her abuser, who is now a judge, doesn’t harm anyone else.
Part of the bill would also allow victims or their legal guardian access to police and other investigation records which are currently off limits.
The bill, sponsored by Rep. Jason Spencer (R-Woodbine), was introduced during last year’s session but time ran out before it could be considered by either the House or the Senate.