A key legislative committee earlier last week was
given until June 30 to vote on bills that would end
statutes of limitations on prosecuting or suing
alleged perpetrators of sex crimes.
Supporters now worry those bills might fail to
become law because the deadline is too close to the
July 31 end of the formal legislative session when
most major proposals are voted on.
Jetta Bernier, executive director of Massachusetts
Citizens for Children, said she's frustrated those
bills haven't already been sent to the House, where
the bills enjoy broad support.
"If these bills go to the (House) floor for a vote,
we can win," said Bernier, a Boxford native.
Massachusetts law sets a 15-year limit on bringing a
criminal charge of sexual abuse and rape. The clock
starts when the victim is 16 years old. Civil suits
have a three-year limit that starts from when the
victim realized he or she has been harmed. The bills
would end those limitations.
In addition to broad legislative support, Lt. Gov.
Kerry Healey, Attorney General Thomas Reilly and
several district attorneys, including Essex County
District Attorney Jonathan Blodgett, favor ending
statutes of limitations on sex crimes.
The full House hasn't voted on those measures
because the House Judiciary Committee wanted more
time to study them, along with other proposals
before it. At the urging of committee chairman Rep.
Eugene O'Flaherty, D-Boston, the House Wednesday
agreed to give the committee until June 30 to
consider all of the bills before it.
Rep. Bradley H. Jones Jr., R-North Reading, tried
unsuccessfully earlier this week to force the full
House to vote on the bills. Jones pointed out that
the bills were filed in November 2004, yet the
Judiciary Committee only scheduled a public hearing
on them for last week.
"I'm concerned that this could be death by other
means" than a negative vote, Jones said.
Jones on Wednesday forced House lawmakers to vote on
releasing the bills from committee, which could have
brought them to up for debate by the entire House as
early as next week. Jones lost on a near straight
party-line vote, with Rep. Harriett L. Stanley,
D-West Newbury, the only Democrat supporting him.
Like Jones, Stanley said she is concerned that
waiting until July to vote on the legislation risks
the bills not getting a vote at all.
O'Flaherty, the House committee's chairman, did not
return calls for comment.
Other than Stanley, all North of Boston House
Democrats voted in favor of the Judiciary Committee
extension.
Rep. David M. Torrisi, D-North Andover, voted for
the extension and supports ending statutes of
limitations on sex crimes. But he said the Judiciary
Committee shouldn't be rushed in considering
questions about the proposals. Those questions
include whether it's fair to pursue charges years
after an alleged incident, when memories can be
foggy and refuting evidence hard to find.
Torrisi also said it's unfair to say those bills are
dead if they're not considered during the formal
session, which ends July 31. The Legislature's rules
allow lawmakers to move bills after the formal
session ends but before the end of the calendar
year, he said.
Still, Torrisi acknowledged that the Legislature has
a lot of work to get done in a short period of time,
such as the budget and health care reform, and he
would be concerned if there isn't movement on those
bills in a couple of months.
Other local lawmakers who support the change, such
as Reps. Mary L. Grant, D-Beverly, and Barbara A.
L'Italien, D-Andover, said they voted against Jones'
proposal out of deference to O'Flaherty's request
for time. But they said they'll also be watching
closely to ensure the clock doesn't run out.
"That bill has to come up this session," L'Italien
said. "We have to be allowed to have a debate."
While legislators say they're watching the Judiciary
Committee, victims' rights advocates say they'll be
watching them.
"We're not going to just sit back and watch for it
to quietly die in committee," Bernier said. "We're
going to keep the pressure up."
