Sex-Abuse Lawsuit Bill Advances, by Mark P. Couch, Denver Post, April 27, 2006

Sex-Abuse Lawsuit Bill Advances

By Mark P. Couch
Denver Post
April 27, 2006

http://www.denverpost.com/news/ci_3755794

Catholic Church wages furious fight against measure. The bill, which awaits a final Senate vote before going to the governor, would give victims of childhood sex abuse more time to sue institutions that hid alleged abusers.

Victims of childhood sex abuse would get more time to file lawsuits against institutions that hid their alleged abusers under a bill narrowly approved Wednesday by the Colorado Senate.

The measure, which has been the target of a vehement opposition campaign led by the Catholic Church, faces a final vote as soon as today.

Sen. Ron Tupa and Senate President Joan Fitz-Gerald listen to the debate Wednesday over her bill. Four Republicans joined 14 Democrats in support of the measure.
Photo by Post/Lyn Alweis

Four Republicans joined 14 Democrats on the initial vote. Four Democrats joined the remaining 13 Republicans opposing the bill. Gov. Bill Owens has not said what he will do if the bill reaches his desk.

House Bill 1090 would relax time limits for lawsuits against public and private institutions that shield alleged pedophiles.

The bill was amended Wednesday to open a one-year window for cases in which the time limit expired, on crimes dating back to 1971. Also, private institutions could no longer insist on confidentiality clauses in legal settlements with victims.

The measure prompted a spirited three-hour debate between Senate President Joan Fitz-Gerald, D-Jefferson County, the primary proponent, and several Republicans.

"No one is being convicted here," Fitz-Gerald said. "But the victim should not have a gag order to never speak about the perpetrator.

"... Because that perpetrator is sitting in a park near children. He's in a little boys' room in a public library. That perpetrator is still out there, and no one will ever know, and they may even be hired in ignorance by an organization that has close contact with children. I think it's good public policy."

Republican after Republican came to the microphone to attack Fitz-Gerald's amendments and motives.

Sen. Jim Dyer, R-Centennial, said the bill could allow false claims that ruin lives.

Sen. John Evans, R-Parker, called the legislation a "sledgehammer to solve what is not a huge problem."

Sen. Shawn Mitchell, R- Broomfield, attacked the bill's differing treatment of public and private entities.

Fitz-Gerald argued with each, often striving for the last word.

To Dyer, she said victims of long-ago cases would still have to prove the crime.

"We are not changing the burden of proof," Fitz-Gerald said. "We are not making it easier to prove cases of sexual assault."

To Evans, she said the bill calls for limits on lawsuit awards for past cases of $150,000, plus medical expenses.

To Mitchell, she noted the Catholic Church was able to find more than 80 complaints against public-school teachers because those records are public.

Officials from the Colorado Catholic Conference watched the debate through a window to the lobby. At one point, Mitchell left the Senate floor to confer with Catholic officials.

Tim Dore, executive director of the conference, said the group will continue to fight the bill.

"The bill even as amended is unfair and inequitable," he said.

Staff writer Mark P. Couch can be reached at 303-820-1794 or mcouch@denverpost.com.