Blog Post

New law gives abuse victims more time

Posted by: CDA Press
April 02, 2007
Topic: New Idaho Law Gives Adult Survivors of Child Sexual Abuse the Hope of Justice

A victim advocates group is praising a bill signed into law by Gov. Butch Otter last week that would give sex abuse victims more time to file lawsuits. But with some major organizations seemingly exempt from the new law, there is still much more work to do, said Mary Grant, Western regional director for Survivors Network of those Abused by Priests. "I know it's going to be a safer place for kids," Grant said Wednesday. "It's a process of really starting to break down the denial, and that's because of the courage of the victims." Victims of child sex abuse now must file civil claims in their cases within five years after turning 18. Under the bill, a claim could be filed after a child turns 18, within five years of the time he or she "discovers or reasonably should have discovered the abuse and its relationship to an injury suffered by the child." The bill also adds a new section allowing abuse victims to file civil claims against employers of perpetrators, if the employers knew of abuse and were negligent in not helping stop it. Sen. Mike Jorgenson, R-Hayden Lake, said he signed off on the bill because it was a step forward, but had serious reservations since it gave immunity to organizations where the perpetrator is a volunteer. Under the law, two major organizations --the Boy Scouts of America and the Mormon Church -- would be protected from lawsuits, he said "It created a group that would be immune from litigation by saying you could not sue organizations if they weren't an employee," Jorgenson said. "The language of the bill came from a Salt Lake City-based law firm. "It was craftily done." Jorgenson said he pulled a similar bill earlier in the session that would not have exempted volunteer organizations when he heard the current bill was being proposed by Rep. James Ruchti, D-Pocatello, who is Mormon. "I did not know it had the exclusion. Once I found out it was a bad bill I told them so," Jorgenson said. "Quite frankly, they (religious organizations) need to be held to the highest standards." Grant agreed with Jorgenson that the exemption should not be included in the bill, but said "it's moving forward, though it's not perfect." "It's a long, uphill battle and it's going to continue that way," Grant said. http://www.cdapress.com/articles/2007/03/29/news/news03.prt 3/30/2007


FirmSite® designed and hosted by Thomson-FindLaw.