Global Courant
Lawmakers in Michigan on Tuesday introduced bipartisan legislation that would give victims of sexual abuse more time to seek damages as the state looks to review laws again after multiple sexual abuse scandals.
The legislation, which appeared before a committee Tuesday afternoon, would extend the civil statute of limitations for victims of sexual abuse from 28 to 52 years. If hired, victims also have two years to file a lawsuit retroactively, regardless of the time limit.
The new measures would help victims of the late Dr. Give Robert Anderson of the University of Michigan and others additional time to file lawsuits that were previously barred by the statute of limitations. State agencies would not be able to use the immunity defense if they knew or should have known of a defendant’s prior sexual misconduct and failed to intervene.
PARTISAN RIFT ENDORSES PA’S PROPOSED STATUTES OF LIMITATIONS FOR SEX ABUSE CASES
In 2018, Michigan increased the statute of limitations to 28 years after the conviction of Larry Nassar, who sexually assaulted hundreds of female athletes under the guise of medical treatment, including at Michigan State University.
Proponents say the time limit still denies delayed justice for many victims who often keep their trauma to themselves, citing research that shows many victims come forward only after age 50. Vermont, Maine and Maryland have lifted the statute of limitations for child crime lawsuits.
Much of the reform began after reports across the US of abuse by Roman Catholic clergy decades ago. Michigan Attorney General Dana Nessel opened an investigation into clergy sexual abuse in the Roman Catholic Church in 2019, leading to eight criminal convictions to date.
Greg D’Alessandro and Brian Hurtekant spoke publicly to The Associated Press for the first time on Monday about abuse they suffered decades earlier at the hands of Catholic priests. Both men have been unable to file civil lawsuits due to Michigan’s statute of limitations.
D’Alessandro, who is now 45 years old, has accused two priests of sexually assaulting him between the ages of 9 and 13 while he was a student in metro Detroit. D’Alessandro said he had suppressed memories of the abuse for years and only recently, through hours of therapy, began to understand what happened to him as a child.
Sexual assault victims Brian Hurtekant and Greg D’Alessandro testified Monday for a bipartisan effort to dramatically extend Michigan’s statute of limitations in sexual assault cases. (AP Photo/Joey Cappelletti)
“If it isn’t the worst thing a human being can do to another, especially a child in the name of God, then I don’t know what is,” D’Alessandro said in a telephone interview.
Both priests, Lawrence Ventline and Timothy Szott, have been identified as credibly accused by the Archdiocese of Detroit. Szott, who was sentenced to 18 months probation after pleading not to contest possession of child pornography in 2003, has now passed away.
Ventline’s educationally limited counselor’s license was revoked in 2019 by a state board. But Nessel said at the time that “the statute of limitations prevents us from prosecuting Mr. Ventline for crimes we believe he committed.”
The Associated Press could not reach Ventline for comment on the allegations.
Hurtekant, who is now 56, said his abuse began at age 13 after his brother’s death. The priest, James Martin Novak, had overseen his brother’s funeral and acted as his therapist as he worked through the grief. The sexual abuse began in sixth grade and continued through ninth grade, Hurtekant said.
In 2019, St. Therese Church in Lansing published a list of 17 priests, including Novak, who had been credibly accused of abusing minors. There were 73 charges against the priests. Novak could not be reached for comment by the AP.
“We were kids who grew up with sexual abuse,” Hurtekant said. “We deserve our day in court and for justice.”
MEASURE IN ALABAMA TO EXTEND BIRTH BAR FOR VICTIMS OF CHILDHOOD SEX ABUSE STOPS IN COMMISSION
The House of Representatives committee did not vote on the package on Tuesday after several Democratic lawmakers expressed a desire to change the legislation to completely abolish the civil statute of limitations. Jamie White, an attorney representing Hurtekant and D’Alessandro, said they hope to continue working with lawmakers to make the change.
The package would also create a “Survivors Bill of Rights,” which would, among other things, require survivors to be informed of their right to access attorneys, attorneys, counselors and other supports as they navigate the reporting process.
This will be the third time the legislation has been introduced in the Michigan legislature, but the first since Democrats took full control of the legislature and the governor’s office this year.
Earlier, there was opposition from universities, schools, municipalities, businesses and the Catholic Church over the financial implications of an unknown number of lawsuits over old allegations.
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In a statement to the AP, the Michigan Catholic Conference, the church’s voice in the state for public policy, said it opposed the legislation, explaining it would “falsely require public and private entities to defend claims made many decades ago.” “.
