Church to seek reversal of law that extended time abuse accusers may sue
By Dave Altimari, The Hartford Courant | |
McClatchy-Tribune Information Services |
In
The diocese is asking the
But the most controversial argument is the claim that a state law last updated in 2002 -- bumping to 30 years the statute of limitations for when a victim of sexual abuse may file a lawsuit -- is unconstitutional and should be stricken.
The court will hear arguments Monday, but it will probably be months before a ruling is issued.
In 2002, the state legislature voted to extend the statute of limitation for civil cases on sexual assault claims to 30 years from when a complainant reaches 18. It had previously been 17 years. The change was retroactive.
In its 56-page legal brief, the diocese's attorneys claim that under the original law,
The diocese is arguing that it was only after the statute was changed again that the plaintiff was able to file the lawsuit, and that is not only unconstitutional but unfair to the church or any other institution.
"Any act they have ever done, and any act they have ever failed to do, may come back to haunt them in a tort action long after the statute has run, long after witnesses have died or their memories have faded, long after documents have disappeared, long after insurance limits have become obsolete, long after societal standards have changed, and long after the misconduct, if disclosed earlier, might have been directly addressed and remedied," attorney
Horton, a widely known constitutional lawyer who argued the landmark Sheff v. O'Neill case before the
But
"The legislative purpose behind the extension is legitimate, namely to help minor victims of sexual abuse come to terms with what happened to them and to seek redress for one of the most damaging types of injury that can be incurred by a minor," McNamara wrote.
The diocese was first made aware of Ferguson's abuse by a phone call in 1979. At the time, Ferguson was a teacher at
At the trial, testimony showed that when former Archbishop
Ferguson and his boyfriend were accused of abusing Doe and his childhood friend at, among other places, the rectory to which Ferguson had been reassigned in
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