‘It Erases Us’

— Sex Abuse Survivors Troubled By Washington Bill

By Hannah Albarazi

Washington Gov. Jay Inslee is expected to sign into law a bill that eliminates time limits for bringing child sex abuse claims in the future, but survivors say they are disappointed by an amendment stripping the bill’s retroactivity, saying the legislation doesn’t go far enough to hold abusers accountable.

The bill’s own author says it no longer expands access to justice for past abuses — only future ones. Fearing that the state itself could be on the hook for hundreds of millions of dollars in liability stemming from decades of negligent supervision, the Legislature struck language from the bill that would have allowed survivors of childhood sexual abuse to bring civil claims against individuals and institutions regardless of when the abuse occurred.

The overhauled bill doesn’t sit well for Seattle attorney Tim Law, who advocates for clergy abuse survivors around the world. The proposed legislation, H.B. 1618, “heavily favors institutions” and is “grossly unfair to survivors,” he told Law360 in an interview.

“There should be a window of opportunity for survivors to make their case, and without that it’s just a total giveaway,” said Law, who co-founded the nonprofit Ending Clergy Abuse.

But the Democrat-controlled state Legislature’s decision to not reopen a lookback window for survivors to bring timed-out claims came amid concerns that it could cost the government hundreds of millions of dollars and an opposition campaign by well-heeled tort reformers.

While at least 27 U.S. states have created temporary or permanent revival windows to allow survivors of child sex abuse to bring otherwise time-barred civil claims, the Washington Legislature has exhibited strong resistance to passing a bill that would allow survivors to bring claims related to past abuse.

No Looking Back

Currently, Washington’s civil statute of limitations on recovering damages from childhood sexual abuse begins tolling once the victim turns 18. The survivor then has three years from the abuse, or three years from when they discovered or reasonably should have discovered an injury caused by the abuse.

As statehouses across the U.S. pass laws allowing previously timed-out child sex abuse claims, State Rep. Darya Farivar, a Democrat, saw a need to bring Washington’s law up to date.

Farivar first introduced H.B. 1618 last year, but it stalled out in the state Senate. After being reintroduced in January, the House overwhelmingly adopted an amendment proposed by State Rep. Peter Abbarno, a Republican, that stripped the bill of its retroactivity. In its amended form, H.B. 1618 will only eliminate the statute of limitations for civil child sex abuse claims going forward.

In comments on the House floor, Abbarno said the amendment “substantively leaves the bill the same.”

Abbarno said the decision to amend the bill stemmed from the fiscal note provided by the state attorney general’s office, which estimated that it could cost the state hundreds of millions of dollars to defend its Department of Children, Youth and Families — which manages the state’s foster care system — against previously time-barred claims resulting from negligent supervision. He added that making the bill prospective-only would meet both policy and fiscal needs.

But speaking on the House floor in January, Farivar said the amendment means this bill is “not going to be able to expand access to justice for current survivors.” Nonetheless, on Jan. 25 she joined her House colleagues in unanimously passing the amended bill.

Survivors Speak Out

While some survivors of childhood sexual abuse offered their support for the bill during a public hearing held by the Washington Senate’s Ways and Means Committee on Feb. 22, many expressed disappointment with the bill being neither retroactive nor containing a lookback window for survivors to bring civil claims.

It’s not hard to find states that have reformed their statutes of limitations regarding child sexual abuse claims.

Civil statutes of limitations for some or all child sex abuse claims have been eliminated in more than a third of all U.S. states, and more than half of all states have passed some form of lookback window to allow survivors of childhood sexual abuse to bring civil claims that would otherwise be time-barred, according to the nonprofit advocacy group Child USA.

Washington resident Christene Hansen told the Senate Ways and Means Committee that her life was derailed at the age of 13 when a teacher began abusing her. She said that while she believes the bill “will inspire change in the establishments that are in place to safeguard our children,” she hoped the law would be applied retroactively.

The Washington State Association for Justice likewise urged the committee to pass the amended legislation, as did the Sexual Violence Law Firm.

But other advocates spoke out in opposition to the bill, saying its lack of retroactivity means those responsible for past abuses won’t be held to account and urged the Legislature to pass a bill that increases past and future survivors’ access to justice.

Sarah Pearson, a survivor of sexual assault and an advocate for survivors, told the Senate Ways and Means Committee in late February that she can’t support the bill as amended, saying that children deserve justice regardless of whether the abuse occurs before or after the bill takes effect.

The bill also lost support from Peter Isely, a survivor of childhood sexual assault and founder of the Survivors Network of those Abused by Priests who testified that the bill “must be changed and made retroactive.”

“It erases us,” testified Isely.

Michael Polenberg, vice president of government affairs at the victims’ services group Safe Horizon, pushed for the passage of New York’s Child Victims Act and Adult Survivors Act, both of which created lookback windows for survivors.

Polenberg told Law360 that while any effort to reform or eliminate the statute of limitations for childhood sexual abuse is a step in the right direction, he stressed that “bills should allow survivors who are outside of the current statute of limitations to seek justice as well.”

“This is why the Child Victims Act in New York was so impactful. The lookback window allowed over 10,000 lawsuits to be filed on behalf of previously time-barred survivors of childhood sexual abuse,” Polenberg said. “Similar measures to seek relief in court should be put in place for individuals who were sexually abused as adults.”

On Feb. 29, the Senate unanimously voted to pass the amended bill.

“Tip of the Iceberg”

In an interview with Law360 in late February, Farivar said it “was a deeply painful decision” to amend the bill to prospective-only, but she saw it as the only way to get support for the bill in the Legislature.

If the fiscal note is correct and the state would truly face such a steep mountain of liability under a retroactive bill, that is “egregious,” Farivar said.

But even without retroactivity, Farivar says her bill is “a really bold statement that we take recovery seriously, we know it’s not linear, we know that folks need time to come forward.”

“By giving folks that time to come forward and pursue justice on their terms, we’re going to be able to identify folks who are predators and folks who are protecting predators,” Farivar said. “That, in the long run, is going to fundamentally change what the landscape of abuse looks like in Washington and what justice survivors have access to.”

Farivar said H.B. 1618 “is really just the tip of the iceberg,” and that she’s continued to speak with advocates and survivors about how to push for legislation that allows for retroactivity or a lookback window.

“We’re not done,” she said, adding that she believes it’s important for institutions — including the government — to take responsibility for abuse that occurs on their watch.

Abbarno and the chair of the Senate Ways and Means Committee, State Sen. June Robinson, a Democrat, did not make themselves available for an interview with Law360.

Opposition to Lookbacks

Survivors’ desire to bring previously time-barred claims is at odds with the goals of the American Tort Reform Association, which voiced opposition to the original version of the bill.

Cary Silverman of Shook Hardy & Bacon LLP, speaking on behalf of ATRA, told Law360 in late February that “ATRA’s position is that every civil action should be subject to a finite statute of limitations, which is a key part of a properly functioning civil justice system in which courts can evaluate liability when records and witnesses are available.”

ATRA has been among the most outspoken opponents of efforts to end statutes of limitations on child sex abuse, voicing opposition in legislatures from Maine to Nevada. At least one of the states, North Dakota, has backed away from opening up a lookback window for sex abuse claims.

Silverman said ATRA “is particularly concerned with legislative proposals that retroactively revive any type of time-barred claim.”

“These proposals are especially problematic because businesses cannot go back in time to retain records already discarded, purchase more insurance, or decide not to enter an area with such an extreme liability risk,” he added.

However, Silverman said ATRA has not taken a position on Washington’s H.B. 1618 as it’s been amended.

H.B. 1618 now awaits Inslee’s signature. A spokesperson for the governor did not respond to Law360’s request for comment on the opposition voiced by survivors to the amended bill, and declined to speculate as to if or when the governor might sign the bill.

But survivors and their advocates say holding perpetrators and institutions responsible for past abuse is key to obtaining justice, and warned that rushing a bill into law that lets past abusers off the hook will only make it more difficult to pass stronger bills in the future.

“Once it passes, trying to get momentum next year to get a window becomes harder,” Law, the Seattle attorney and advocate for clergy sex abuse survivors, told Law360.

For survivors, he added, the law “sounds good, but it has no practical effect.”

Complete Article HERE!

Pope Francis orders investigation into sexual assault allegations against Archbishop Lacroix

Pope Francis has personally mandated retired Quebec Superior Court judge André Denis to conduct a preliminary investigation into allegations of sexual assault against the Archbishop of Quebec, Cardinal Gérald Cyprien Lacroix.

In a letter dated February 8 and signed by the hand of the Pope, including The duty obtained a copy, François asked former judge Denis to give him, at the end of his investigation, “a detailed report of your steps and your conclusions”.

This report will allow the pope to decide whether the allegations are sufficiently credible to justify the opening of a canonical trial. However, the alleged victim of Mgr Lacroix, whose identity is not known, refuses to participate in this process, indicated to Duty his lawyer Me Alain Arsenault.

The latter considers that the Vatican’s approach is not “credible”. The lawyer, who leads numerous class actions targeting religious orders and dioceses, reports that other victims have gone through this process and emerged “bruised and victims of reprisals”.

He asks that his client’s choice “not to call the police, not to contact the Pope, but to register for collective action” be respected.

Withdrawal

The name of Mgr Lacroix surfaced on January 25 in Superior Court when a new list of alleged attackers was filed as part of the class action brought against the diocese of Quebec.

The alleged victim, who was 17 years old at the time of the alleged acts (in 1987 and 1988), claims to have suffered touching, fellatio and penetration. These allegations have not yet been proven in court.

In a short press release released Monday, the diocese of Quebec offered “its full collaboration” to former judge Denis, “but will not intervene in the progress of the investigation nor in its conclusions.” The diocese added that it will make “no further comment on this approach”.

On January 26, the day after the allegations were made public, Bishop Lacroix announced that he was temporarily withdrawing from his activities “until the situation is clarified.” The cardinal also “categorically” denied having committed the actions with which he is accused, describing them as “unfounded”.

A few days later, in a video broadcast to his diocesans, Mgr Lacroix declared: “Never, to my knowledge, have I made any inappropriate gesture towards anyone, whether minors or adults. My soul and my conscience are at peace in the face of these accusations which I refute. »

Several mandates

Despite the victim’s refusal to participate in the process, retired judge André Denis intends to complete his investigation. In recent years, the former magistrate has been entrusted with other mandates linked to the pedophilia scandal in the Catholic Church.

Last June, he was mandated by the Oblates of Mary Immaculate to lead an investigation into allegations of sexual abuse committed in Nunavut by Franco-Canadian priest Johannes Rivoire. He also led a statistical examination of the archives of the Archdiocese of Montreal (comprising the dioceses of Montreal, Joliette, Saint-Jean–Longueuil, Saint-Jérôme and Valleyfield) and the diocese of Mont-Laurier, which made it possible to determine that at least 87 priests perpetrated sexual abuse from 1940 to 2021.

Complete Article HERE!

Reckoning

— An NBC Bay Area investigation into a new wave of lawsuits accusing Catholic clergy of sexually abusing children

by Candice Nguyen, Michael Bott and Alex Bozovic

The Catholic church is once again being buried in child sex abuse accusations across California. More than 4,000 people are suing Catholic institutions across the state, enabled by a recent law that opened a window for survivors to sue their alleged abusers, no matter how far back their accusations go. Hundreds of Northern California priests are being accused for the first time, including some still working in churches and schools today. NBC Bay Area’s Investigative Unit dug through the new claims, which suggest the decades-long scandal could go far deeper than the public previously knew.

This page is the culmination of more than four years of reporting by NBC Bay Area’s Investigative Unit. You’ll find profiles on abuse victims we’ve interviewed over the years, responses to the new allegations from local bishops, and links to the stories we’ve published along the way.


RESPONSE FROM THE CHURCH

Archdiocese of San Francisco:

Diocese of Oakland:

Diocese of Santa Rosa:

Diocese of San Jose:

THE ACCUSERS

More than 1,500 people have sued the Catholic church in Northern California since 2020. A similar flood of lawsuits hit the church two decades ago. We’ve interviewed more than a dozen alleged victims, some who came forward long ago, and others now speaking out for the very first time. Here are some of their stories.

Resources for victims and survivors

If a child is currently in danger, call 9-1-1 or Child Protective Services.

To report past abuse, call your local police department.

The California Attorney General’s Office is conducting an ongoing investigation into accusations of Catholic clergy abuse. Report to the California Attorney General’s Office: ClergyAbuse@doj.ca.gov.

Reach out to advocates with the Survivors Network of Those Abused by Priests (additional resources).

Greece legalises gay marriage

— Becoming first Orthodox Christian country to allow same-sex unions

Members of the LGBTQ+ community and supporters celebrate in front of the Greek parliament.

By Prisha

In a historic decision, the Greek parliament on Thursday (Feb 15) passed a law which legalised same-sex marriage and made it the first majority Orthodox Christian country where marriage equality for all has been established.

In spite of opposition from Orthodox Christian clergy and conservative segments of society, the decision received the support of 176 out of 300 lawmakers in the parliament. The bill introduced by the centre-right government was opposed by 76 lawmakers, after months of polarised political and public discourse.

The country’s LGBTQ+ couples welcomed the parliament’s decision as the onlookers in parliament cheered and dozens celebrated on the streets of Athens.

“This is a milestone for human rights, reflecting today’s Greece – a progressive, and democratic country, passionately committed to European values,” said Greece’s Prime Minister Kyriakos Mitsotakis, in a post on X after the voting.

“People who have been invisible will finally be made visible around us, and with them, many children will finally find their rightful place,” said the prime minister in the parliament, ahead of the vote.

“The reform makes the lives of several of our fellow citizens better, without taking away anything from the lives of the many,” he added.

The historic law has given the right to wed and adopt children to same-sex couples, decades after the LGBT community campaigned for marriage equality in the socially conservative country.

Even though civil partnerships for gay couples were introduced by Greece nearly a decade ago under the left-wing Syriza government, the government recognised only the biological parents of children in those relationships as legal guardians.

However, as per the new law, same-sex parents can now be recognised as legal parents of the children.
<h2”>‘Proud to be Greek’: LGBT community celebrates on streets

“This is a historic moment,” said Stella Belia, the head of same-sex parents group Rainbow Families, while speaking to Reuters news agency. “This is a day of joy,” she added.

LGBT communities rallied outside parliament and one of the banners read: “Not a step back from real equality.”

“I’m very proud as a Greek citizen because Greece is actually – now – one of the most progressive countries,” said Ermina Papadima, who is a member of the Greek Transgender Support Association.

“I think the mindset is going to change… We have to wait, but I think the laws are going to help with that,” she added.

Celebrating the law, many people sang passages from the Bible, read prayers, held crosses and displayed banners in the capital’s Syntagma Square.

However, the head of the Orthodox Church, Archbishop Ieronymos, said that the measure would “corrupt the homeland’s social cohesion”.

Complete Article HERE!

Victims advocacy group says Washington AG is investigating clergy abuse by Catholic bishops

The Catholic Accountability Project lined up pictures outside the Attorney General’s Office Tuesday of the 151 clergy members in Washington who have so far been convicted of sexual abuse. The organization said they believe the AGO opened an investigation in August 2023 of three other Bishops in the state.

by Shauna Sowersby

The state Attorney General’s Office may have subpoenaed three Catholic bishops in Washington state seeking “abuse-related documents and evidence,” the Catholic Accountability Project said at a news conference Tuesday.

The subpoenas were delivered in late August, according to the group who said they learned of the AGO’s involvement through a “highly credible source.”

“If this is true, (Attorney General) Bob Ferguson has joined 23 other state attorneys general, both Democrats and Republicans, in investigating sexual abuse in faith-based organizations since 2018,” said Tim Law, a Catholic Accountability Project (CAP) founding member.

Bellingham affordable housing units flood during January's record freeze

The Attorney General’s Office declined to comment or confirm whether or not an investigation has in fact been opened.

“As a longstanding policy, the Attorney General’s Office generally does not comment on ongoing investigations, including confirming or denying their existence,” said Brionna Aho, communications director for the office.

CAP is an advocacy and support group for survivors of clergy sexual assault and aims to hold perpetrators in churches accountable, their website says.

The group was told subpoenas were sent to bishops in Yakima, Spokane and Seattle, Law said. He said the investigation is occurring thanks to an organization called Heal Our Church that brought evidence forward to the AGO a few years ago.

Law said the accusations against some of the bishops date back as far as the 1960s.

Survivors of clergy abuse spoke at the news conference.

“The only way to get large organizations like this to change their policies to stop enabling abusers is through incentives,” said Marino Hardin, a former Jehovah’s Witness and abuse survivor. “If they face accountability from their victims and from society, they can change those policies.”

Advocates are also urging other victims, whistleblowers and concerned residents to contact the AGO.

“If you care about justice you need to know that it’s the church’s job to forgive — it’s the Attorney General’s job to ensure justice for our children,” Sharon Hurling said.

Members of CAP told reporters that the AGO and the state are the “only hope” because the Catholic church does not police itself.

Complete Article HERE!