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A `window' for victims of abuse

July 19, 2007|Marci A. Hamilton, MARCI A. HAMILTON is a law professor at Yeshiva University and author of the forthcoming book "How to Deliver Us From Evil: What America Must Do to Protect Its Children." hamilton02@aol.com

California may be starting a trend toward unlocking courthouse doors for childhood sexual abuse victims. Just last week, Delaware became the first state to follow suit with a window law of its own. Its Child Victims Act creates a two-year window to file suits and abolishes the civil statutes of limitations on sexual abuse cases going forward. The New York Assembly has passed similar legislation, hearings have been held by the District of Columbia City Council, and the introduction of window bills is likely in a number of states this fall.


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The beneficiaries of such bills extend well beyond clergy abuse victims, and the statistics are sobering. Multiple studies have concluded that at least 20% of boys and 25% of girls have been sexually abused -- the majority by family or family acquaintances. There is a crying need to give these victims a shot at justice. One incest victim told me that she didn't come to terms with her abuse until her 40s, and when she did, she told her father she was going to sue him. His response? Don't be silly -- I have the benefit of the statute of limitations. This is a woman who deserves the California-type window, and there are millions like her across the country.

It is shameful that most states have had such short statutes of limitations on childhood sexual abuse. Even though states, including California, have been lengthening those limits, that doesn't help past victims whose claims have expired. These victims have been foreclosed from justice while predators enjoy a system that protects their interests first and foremost. California has shown the rest of the country a more heroic and noble path to follow.

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