Op Ed: Time Mustn’t Be on the Side of Pedophiles

By Joseph E. Gallagher, Jr.

Boston Herald

March 8, 2006

When a child is raped by a trusted authority figure, he or she often is not able to come forward for decades.

At this point, in Massachusetts, the sexual predator is difficult to prosecute because our state still imposes archaic statutes of limitations on prosecuting sex crimes against minors.

A child who has been raped must prosecute within 15 years of his 16th birthday. A minor who suffered incest must press charges within 10 years. If the child “only” was sexually abused but no penetration occurred, he has even less time: He must take legal action within six years. Civil cases allow a three-year time frame.

The result is an ignored public safety crisis in our state. Credibly accused child molesters are living in our neighborhoods.

On March 14, two bills to eliminate the statute of limitations on all child sexual assault cases involving criminal or civil prosecution have a hearing before the Joint Committee on the Judiciary.

These bills were principally crafted in response to the profoundly disturbing crisis not only in the Catholic Church, but in society as a whole, namely, family members, Boys’ Club leaders and Scout leaders.

Victims of clergy sex abuse and their advocates have worked tirelessly to convince a reluctant legislature, attorney general, and governor to support the repeal of these statutes. More than 98% of all priests accused of sexual abuse of a minor have never been involved in any legal proceedings. The primary reason and line of defense is the statute of limitations.

Three years ago when the focus of the crisis shifted from changing the church, to working with the legislature, there was little support or interest among lawmakers for the repeal of the statutes. Most of the lawmakers are lawyers and defense attorneys who were determined to resist surrendering their principal line of defense in the name of justice.

Now, three years later after exhaustive efforts to educate and lobby our politicians about the appropriateness and of such legislation, the bills’ support is widespread.

The governor supports lifting the statutes. Attorney General Reilly said he will support the repeal, stating, “A predator of a child should never be out of reach of the law.” And most district attorneys now agree that these statutes tie the hands of prosecutors.

Most importantly, there are 72 legislators, Democrats and Republicans, who have signed on to these bills.

The elimination of the statute of limitations for criminal and civil statutes is, by far, the most effective tool for the prevention of childhood sexual abuse.

Homicide is currently the only crime without a statute of limitation in Massachusetts. Why should it be any different for those who leave a child alive, but kill his spirit? Victims hauntingly call it “soul murder.”

With passage of the repeal, prosecutors’ hands will be untied, child sexual predators would be held accountable, and victims of soul murder might finally experience the redemptive effect of justice.

[Joseph E. Gallagher, Jr .is  cofounder of the Coalition of Catholics and Survivors, an advocacy group for victims of clergy sexual abuse.]