As allegations of child sex abuse build against a former priest of the Roman Catholic Archdiocese of Denver, at least two Colorado legislators are crafting bills that would loosen or do away with statutes of limitations for child sexual abuse.
Democratic State Sen. Joan Fitz-Gerald, the Senate president and a Catholic, has filed paperwork to introduce a bill in 2006 that would give adults victimized as minors more time to file civil lawsuits. One strong possibility, she said, is legislation mirroring a California law that opened a one-year window for child sex-abuse lawsuits regardless of how long ago the incidents took place.
State Rep. Rosemary Marshall, D-Denver, said she will introduce a bill that would eliminate the statute of limitations for criminal charges involving sexual offenses against children. Courts have held that such laws can apply only to future cases and not be retroactive, so victims from decades ago would not be able to bring charges.
Both legislators said they were motivated by the clergy sexual-abuse scandal that has plagued U.S. Catholic dioceses since 2002. In Colorado, 17 men have told The Denver Post in recent weeks that former priest Harold Robert White molested them over a 20-year period beginning in the 1960s. Evidence has surfaced showing the Denver archdiocese knew about complaints and continued to move him from parish to parish.
Five men have filed lawsuits against the archdiocese claiming negligence for how it handled White, who left public ministry in 1993 and was defrocked last year.
White has refused to say whether he has ever been accused of child abuse. In a brief TV interview Wednesday, White said the allegations against him contained “half-truths.”
The statute of limitations for negligence is generally two years, but the plaintiffs are arguing that the law allows for exemptions that apply to them.
Fitz-Gerald proposes re-examining a Colorado law that states victims of child sexual abuse must take civil action by the time they are 24, except in rare circumstances, including cases of repressed memory.
“Despite the archdiocese saying they are doing everything they can to create a safe atmosphere now, these victims were once little boys,” she said. “There is some sense of justice not being satisfied, especially because there might be other offenders and the archdiocese is not willing to come forward with who they are.”
Fran Maier, chancellor of the Denver archdiocese, would not respond to Fitz-Gerald.
Since the allegations against White surfaced, the archdiocese has stressed that it takes all allegations seriously, acts promptly and is committed to helping all involved heal.
In California, hundreds of lawsuits were filed after the state, prompted by the clergy abuse crisis, abolished time-limit restrictions on civil suits for a year. Legislatures in New York and Ohio have pending legislation that would take the same step.
“Let’s see the extent of the problem,” Fitz-Gerald said. “It might be something that allows victims to say that despite what they would have to go through to dredge this up again, there is justice to be had.”
Fitz-Gerald said any legislation dealing with the time limits would allow lawsuits against any individual or institution. Day-care centers, schools and groups such as the Boy Scouts could be sued. The Catholic Church strongly opposed the California law, arguing it was unconstitutional.
Both Maier and Tim Dore, executive director of the Colorado Catholic Conference, the public-policy arm of the state’s three dioceses, said it is premature to comment on the proposal. “Truthfully, we haven’t even thought enough about it to know what we’re going to do,” Dore said.
Already allied with Fitz-Gerald is the Survivors Network of those Abused by Priests, a national support group that is advocating legislative fixes.
“It’s the best thing that could happen because that’s what this is about – to change laws so victims of clergy abuse and any kind of child sex abuse can come forward, be heard and have some justice, closure and healing,” said Colorado SNAP leader Troy Gray, who won a settlement in a lawsuit filed using California’s one-year window.
Marshall is proposing adding child sex abuse to the list of crimes that have no time restrictions for criminal prosecution: murder, kidnapping, forgery and treason. Under current state law governing child sex abuse, in most cases criminal charges cannot be pursued beyond the victim’s 28th birthday.
“These victims (accusing White) may not be helped by a new law,” said Marshall, who was raised Catholic but is no longer practicing. “But it may be helpful for them to know Colorado is moving forward and that if it were to happen to other victims, there would be an ability to prosecute.”
Alaska and Maine have done away with criminal statutes of limitations for child sex assaults.
Marshall said she has the support of the Colorado Coalition Against Sexual Assault but has yet to talk to law enforcement or district attorneys. At this stage, the proposal is getting a mixed response.
“I can see why a legislator might want to do that,” said Cliff Riedel, Larimer County assistant district attorney. “But in practice, the age of the cases and the loss of evidence is almost going to build in a statute of limitations because you’re not going to be able to prove a case beyond a reasonable doubt very likely.”
But Eagle County District Attorney Mark Hurlbert supports dropping time restrictions on criminal cases, noting that the clergy abuse scandal has illustrated how difficult it can be for victims to come forward, even years later.
“This might bring a prosecution and maybe get justice,” Hurlbert said.
Staff writer Eric Gorski can be reached at 303-820-1698 or egorski@denverpost.com.
