Kelly Clark, Attorney | Priest Sex Abuse

Posts for June, 2009

Bill to Raise Age of Sex Abuse Victims Moves Through Legislature

Salem-News.com

Tim King
June 25th, 2009

After clearing the House, House Bill 2827 will go to Oregon Governor Ted Kulongoski to be signed into law.

(SALEM, Ore.) – A bill that would raise the age of sex abuse victims in Oregon from 24 to 40 will likely become law. The future of House Bill 2827 appeared bleak when we wrote about it May 28th 2009. (see: Will Oregon Stand for Sex Abuse Victims? – Tim King Salem-News.com

Many of the cases originate from churches in Oregon and experts like Portland Attorney Kelly Clark, say it often takes several decades for a person to comprehend the magnitude of their experience and come forward.

Bill Crane from the group SNAP, (Survivors Network of people Abused by Priests) says it is a good day in Oregon and while cautious, he agrees that it is good news on a day that could use it.

Molly Woon with the Oregon State Legislature says H.B. 2827 passed through the Senate Floor today, after moving through the Oregon House unanimously.

Woon says there was an amendment and the bill has to now go back to the House for concurrence. The change, "removed definition of causable connections between injury and child abuse," according to Woon.

She says it amounts to a technical fix.

After clearing the House, House Bill 2827 will go to Oregon Governor Ted Kulongoski to be signed into law.

Connecticut court orders release of sealed documents on clergy abuse

BRIDGEPORT, Conn. (CNS) — Bridgeport diocesan officials said they were reviewing their options after a May 22 ruling by the Connecticut Supreme Court to make public sealed documents from settled sexual abuse lawsuits filed against priests in the Bridgeport Diocese.

The 4-1 ruling involves the release of documents from 23 lawsuits against six priests settled in 2001. In 2006, a Superior Court ruled that the files should be released but the diocese appealed the decision.

The Supreme Court’s decision to release the files would not take effect until it was published in the Connecticut Law Journal June 2.

According to a May 22 statement from the Bridgeport Diocese, church officials were "deeply disappointed" in the ruling.

The battle over the sealed documents began in 2002 when The New York Times filed suit to obtain the documents that it said were a key par of the church’s record of handling charges of clergy sex abuse. Three other newspapers joined in the suit: The Hartford Courant, The Boston Globe and The Washington Post.

About a dozen people, including members of the Survivors’ Network of those Abused by Priests, delivered a letter to Bridgeport Bishop William E. Lori May 26 urging the diocese not to appeal the release of the more than 12,600 pages of documents.

SNAP director David Clohessy personally handed the letter to a diocesan official at the Catholic Center, where the diocesan offices are located. The letter urged Bishop Lori to let the court ruling stand to allow parishioners and the public "the chance to learn the truth about the crimes that were committed and concealed."

Although the group did not meet with Bishop Lori, they were handed a statement by Joseph McAleer, a spokesman for the diocese, which outlined the work the diocese has done to assist abuse victims and prevent abuse.

"We appreciate that emotions run high on this topic," the statement said. It also added that the diocese’s objection to the recent court decision "concerns judicial fairness and the fundamental right of any individual or organization to fair adjudication in any legal proceeding."

"In a state where the Catholic Church has had to vigorously fight for its constitutional rights, we are going to continue to examine any and all legal options," the statement added.

It also faulted the ruling for ignoring the state’s statute of limitations on the unsealing of court documents.

"Sadly, the history of this case has been about access by the secular media to internal church documents of cases more than 30 years ago to suggest, unfairly, that nothing has changed," the statement said.

"This is despite the extraordinary measures the Catholic Church has undertaken over the past several years to treat victims with great compassion and dignity, and to put in safeguards and educational programs to ensure that such a tragedy will not happen again."

The New York Archdiocese also released a statement about the Connecticut court ruling since Cardinal Edward M. Egan, retired archbishop of New York, was bishop of Bridgeport from 1998-2000.

A May 22 statement by Joseph Zwilling, director of communications, said the sealed documents involved five priests who were accused of sexual misconduct prior to then-Bishop Egan’s appointment to Bridgeport. One of the priests died before the bishop was appointed to the diocese and the other four were sent to a top psychiatric institution for treatment and expert evaluation, the statement said.

"They were returned to ministry only upon the written recommendation of the aforementioned institution along with the advice of experienced members of both clergy and laity," the statement said. "At the time, this was the recognized professional manner of handling cases of sexual misconduct with minors."

When new information was received about the sexual misconduct of four of the priests, two were removed from ministry, one retired and another priest was permitted to continue in a restricted ministry in a home for the aged, according to the statement.

The Fight Against Child Abuse

www.OregonLive.com

by Paul Mones, guest opinion
Tuesday June 02, 2009, 8:30 AM

Our state legislators are in the midst of dealing with one of the worst fiscal crises in recent memory. No doubt they will have to make many tough, unpopular decisions this year. However there is one legislative decision they need not fret over because it is a no-brainer. House Bill 2827 is a simple piece of legislation that gives an extra measure of justice to victims of child abuse.

In the words of one of the bill’s co-sponsors Chris Garrett (D-Lake Oswego ) – the other sponsor is Rep. Andy Olson (R-Albany) – this bill "will ensure an effective civil remedy for victims of child abuse."

The bill extends the present statute of limitations by giving victims until the age of 40 to file an action against their abuser, requiring that claims be initiated by the time the victim turns 40 years old or within five years of when the injury or the connection between the abuse and the injury is discovered. The bill has unanimously passed the house but curiously has not received the same overwhelmingly positive reception in the Senate.

The extension of the statute of limitations makes common sense because it recognizes that most child victims of sexual abuse cannot confront their debilitating problems until they are mature adults. Moreover, most victims can’t even make the connection between the abuse and their psychological problems until they have some real distance from the time period of their abuse.

Child abuse is the perfect crime because its victims are too powerless, too confused to help themselves when they are actually being abused. These children travel quietly through their days interacting with teachers and passing police officers, friends and neighbors, never revealing the anguish of their existences. And if by chance someone asks them how they are being treated at home their responses will be uniformly the same: OK.

As adults we expect all human beings to escape or at least want to escape when someone injures them, but for victims of abuse, the reverse occurs. And that is in fact perhaps one of the most insidious aspects of child abuse: It binds the child closer to the abuser. The abuser’s threats and intimidation engender in the child not only fear but self-blame and embarrassment – all of which turns a child’s survival mechanisms topsy-turvy. Emotional attachment and sexual violence become so inextricably confused that even when the abuse is reported, the child will often kick and scream as they are being removed from their draconian environment by a social worker.

The other aspect that makes child abuse a perfect crime is that most adults continue to believe that child-rearing is a private matter. They don’t want a relative, friend or neighbor telling them how to raise their child so they won’t intervene in someone else’s family. While we all cherish our right to privacy, our devotion to this cornerstone of democracy is strangling the lives of thousands of children every year. Abusive parents and caretakers thrive on isolation and that is exactly what their relatives, friends and neighbors give them.

Daily, people turn a blind eye to the screams, bruises and frightened eyes of battered and molested children. Their reaction actively reinforces the offender’s omnipotence and tells the child you’re on your own, no one is going to help you. By powerful social training we are more likely to intervene on behalf of a dog being kicked by its owner than a child being mistreated by a parent. As Americans we routinely gawk at the suffering of car accident victims but we avert our eyes and ears when we see a child being backhanded in a supermarket.

It is often only when a child becomes a mature adult that he or she has the strength and emotional resources to confront the scourge of their past.

We have done much in Oregon over the past few years to protect victims of abuse, the most recent example being the passage of HB 2062, which will prevent schools from silently moving sexually abusive teachers one district to another. If the Senate saw fit just several weeks ago to join the House in ending the scandalous practice of allowing sexually abusive teachers from negotiating sweetheart deals with their school districts, then it surely should see the wisdom in HB 2062.

Paul Mones is an attorney and a children’s rights advocate.