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Testimony to the Joint Committee on the Judiciary
by
Jetta Bernier, Executive Director
Massachusetts Citizens for Children
March 14, 2006
Sexual abuse is an egregious crime and particularly
heinous when committed against a child by someone he
or she depends on for their safety and well-being.
It violates the fundamental trust that children
count on and should expect from those within their
circle of caring – from parents, relatives, family
friends, school personnel, child care providers,
coaches, counselors, clergy.
But child sexual abuse is a uniquely insidious and
damaging crime. It is the only crime wherein the
victim is manipulated into believing that they
themselves are responsible for their own
victimization. When someone breaks into a home and
commits the crime of robbery, the homeowner doesn’t
say: “It was my own fault. My locks weren’t strong
enough.” When an innocent bystander is shot in a
drive-by shooting, the victim doesn’t take
responsibility for getting in the way of a bullet
intended for another target. When someone suffers a
physical disability because of medical malpractice,
the victim doesn’t say: “The medical error is my
fault. If had eaten better and exercised more often,
I would never have needed medical care in the first
place.”
This upside-down victim-blaming thinking promoted by
those who abuse our children succeeds in convincing
most victims that they, in fact, bear the guilt,
shame and responsibility for their violation. Let’s
face it - there is a lot at stake for this career
criminal. Experts at psychological manipulation,
they must carry out their crimes strategically to
reduce the chances their victims will tell and that
they will be caught. Which family is more likely to
be trusting and naïve, or in other words, more
likely to be manipulated and conned? Which teen is
craving special attention and might be more easily
won over? Which child would be more likely to take
seriously threats that parents and pets might be
harmed if they tell anyone or that they would get
into “big trouble” if they told anyone? The sad
truth seems to be that nearly all of us can fall
victim to a child sexual abuser intent on carrying
out his or her crime under a mantle of secrecy. They
are just that good at what they do.
Another hallmark feature of child sexual abuse is
that for many it leaves a festering wound that never
quite heals. Its victims don’t get over it like a
broken leg or a bad case of the flu. For many, it
stays in their systems for a lifetime, depleting
them of self-confidence and hope in their own
future. If the offender has executed his crime
properly, his or her victims will be left struggling
with the emotional aftermath of the abuse committed
against them for years and too preoccupied with
their own daily struggles and survival to spend
energy on bringing their offenders to justice.
We know that after many years, some persons do
manage with the support of family, friends and
professionals to come to grips with their own
victimization. Victims become survivors ready to
publicly acknowledge their abuse and confront their
abusers. However, since the criminal Statute of
Limitations (SOL) law in Massachusetts requires that
victims disclose their abuse no later than 6 or 10
or 15 years after their 16th birthday,
depending on the nature of the sex crime, the vast
majority of survivors will never be able to bring
their abusers to justice. SOL laws protect offenders
just long enough before adult survivors are ready to
disclose and press charges.
And so I propose that the search for the perfect
crime is over. Child sexual abuse is the
perfect crime.
It is the only crime wherein child victims are
shamed and manipulated by their offenders into
believing they are to blame for what happened. The
result of this strategy is that children cannot tell
and offenders are protected.
As victims move into adulthood, they become
preoccupied with emotional survival and all the
problems that stem from their abuse. They are unable
to seek justice and hold their abusers accountable
and so offenders continue to be protected.
When survivors succeed in struggling out of their
despair and come forward to reclaim their right to
confront their abuser, the SOL clock has stopped
ticking for most of them. Offenders are once again
protected - this time for good. They don’t have to
look over their shoulders any longer, only forward
to their next victims.
Members of the Judiciary Committee: The arguments in
support of SOL repeal are clear and convincing. Your
choice must be children over their offenders - legal
accountability over legal loopholes. We urge you
today to exert your power on behalf of powerless
children. Close the SOL justice gap - for good.
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