Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Saturday, December 10, 2005

Should the Statute of Limitations on Sexual Abuse of Minors Be Suspended?

This is the big question in Philly right now after the Philadelphia Grand Jury Report produced no indictments. The criminal statute of limitations cannot be suspended; the retroactive effect would be unconstitutional. But the civil statute can, as it was in California in 2003. Here is a recent Philadelphia Inquirer story describing the possibility  of a suspension here in PA:http://www.philly.com/mld/inquirer/13320393.htm

I will be discussing this issue on NPR's Talk of the Nation this Monday, Dec.12 around 3pm. I'll try to blog my views on this question afterwards.

This issue has been attracting a lot of attention in the popular press. A recent editorial by the Inquirer columnist, Tom Feerick, a very angry critic of the Archdiocese, offers the intriguing idea that the concern over size of potential liabilities be addressed by not permitting punitive damages in the suits brought during the suspension period. Would that help -- ie, reduce the size of potential settlements? Could the legislature attach such a condition? Thoughts welcome. Here's the editorial: http://www.philly.com/mld/philly/news/columnists/tom_ferrick/13345073.htm

-- Mark

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