- Wisconsin victims of childhood sexual abuse must bring cases to court before age 35
- Legislators propose to remove 35-year age limit
- Critics say bill places larger burden on private and non-profit organizations like the Roman Catholic Church
- Archdiocese of Milwaukee may not have sufficient funds to cover potential settlements
State legislators will hear a bill in the Assembly this week intended to bring sex offenders to justice. But opponents said the legislation could unintentionally generate harmful consequences for the Archdiocese of Milwaukee.
Under current Wisconsin law, victims of childhood sexual abuse must bring their cases to court before age 35. The new bipartisan bill, which was introduced to the Assembly in November, would abolish what co-sponsor Rep. Scott Suder (R-Abbotsford) called the "arbitrary" age requirement.
"The age of 35 simply cuts off the opportunity for many of those victims to cope with their trauma and come forward," he said.
The new bill also offers a three-year window for victims who have already passed the age of 35 to take legal action.
"We firmly believe it is important to allow victims to have their time in court considering the fact that many of those victims will not be able to deal with abuse until later in life," Suder said.
Although critics said the bill encroaches on the Catholic Church, Suder said the bill does not specifically target any one group. Conversations with national sexual abuse survivor groups and reviews of sexual abuse statistics triggered the bill's design, he said.
Federal Bureau of Investigation statistics show that one in four girls and one of six boys are sexually abused before the age of 18.
According to statistics from the National Association to Prevent Sexual Abuse of Children, 90 percent of sexually abused children never report the abuse to law enforcement. More than 30 percent never report the abuse to anyone.
Ted Thompson, executive director of NAPSAC, said his researchers found that 37.8 percent of all child abuse in Wisconsin is sexual. The state has the third highest percentage in the nation, he said.
"We don't think the abuser should get off the hook just because of the passage of time," Thompson said.
But Suder's bill is not the first to address Wisconsin's statue of limitations. Prior to 2004, victims had only five years after turning 18 to file a suit. Officials at the Archdiocese of Milwaukee supported this change in legislation because they realized five years was not enough time for some to come to grips with the trauma, said John Huebscher, executive director of Wisconsin Catholic Conference.
But Huebscher said the current statute of limitations exists for a good reason and completely erasing it would bring unintended consequences.
"The longer you go after an event, the harder it is to get at the truth," he said. "A judgment made today is going to be borne by people who were children themselves when this happened."
The bill also places a larger burden on religious organizations and non-profits, Huebscher said.
Wisconsin law currently caps settlements with government organizations at $50,000. There is no cap on settlements with private organizations such as the Catholic Church.
"If there is little prospect of collecting money you won't get involved," Huebscher said.
But Huebscher said he was not accusing anyone of "picking on the Catholic Church."
"I'm not accusing anyone of a bad motive," he said. "But there are unintended consequences."
Milwaukee Archbishop Timothy Dolan addressed these unintended consequences in a Jan. 16 legislative testimony. In that address, Dolan said the bill goes "radically too far."
The Archdiocese of Milwaukee has established voluntary and independent mediation system that has provided psychological, spiritual and financial assistance to nearly 170 sexual abuse victims, he said.
Dolan added that the Milwaukee Archdiocese would not have enough money to cover potential settlements raised with the passage of the bill.
Mediation, settlements, therapy and outreach has cost the archdiocese more than $17 million since 2002, he said.
"There is no Catholic 'Superfund' that can provide the monies legislation will require of the Church," he said.
Kathleen Hohl, spokeswoman for the Milwaukee Archdiocese, said there is no way to predict how much debt the archdiocese will incur if the legislation passes.