The full text of the legislation follows:
COMPREHENSIVE PROTECTION FROM
CHILDHOOD SEXUAL ABUSE ACT
OF 2007
PREAMBLE
Whereas childhood sexual abuse
is a “silent, violent epidemic” according
to the American Medical Association, and its victims include
infants, toddlers, young children, and adolescents; and
Whereas 1 out every 4 women, and 1 out of every 6 men, according to the
U.S. Centers for Disease Control and Prevention, were sexually abused
by an adult or older child before the age of 18; and
Whereas every child has the innate right to be safe and protected from
all forms of abuse and neglect, including sexual abuse and exploitation;
and
Whereas the adults who provide services for, educate, supervise, or
are entrusted with care of children have an obligation to keep such children
safe and protected from sexual abuse and exploitation; and
Whereas the failure of adult caretakers to identify and report potential
threats of sexual abuse and exploitation has been identified as a contributing
cause of such abuse; and
Whereas the mental health professions have established that children
who are sexually abused frequently are not able to disclose, through no
fault of their own, their abuse until later in their adult years; and
Whereas some sexual abuse victims are denied equal access to the Victim
Compensation Fund for treatment because of delays in reporting their sexual
abuse; and
Whereas it is documented that the delay in disclosure of sexual abuse
by children often prevents their abusers from being prosecuted, and
Whereas it is established that a sexual abuser who is not identified,
and not prosecuted, is likely to abuse more; and
Whereas those institutions which harbor or protect sexual abusers are
failing in their duty and legal mandate to protect children; and
Whereas a survivor of sexual abuse who is not able to obtain the prosecution
of the person who caused the abuse is denied basic justice;
BE IT RESOLVED THAT:
In order to insure protection
of children from sexual abuse, the reporting requirements of Chapter
119, § 51A must contain more substantial
penalties, not only for individuals who fail to report
abuse, but also for the institutions whose employees fail to report.
Also, there must
be reports of past abuse to appropriate law enforcement
agencies if there is a credible threat of present abuse.
As many sexual abuse victims are not able to obtain medical and therapeutic
treatment under the State Compensation of Victims of Violent Crimes Act,
the provisions of Chapter 258C must be amended to make funds available
to victims if a mental health professional documents their abuse.
Since many sexual abusers escape prosecution because their victims cannot
take action against them until the criminal statute of limitations has
run out, and these sexual abusers are free to re-offend until they are
successfully prosecuted, we must eliminate entirely the statute of limitations
on the entire range of sex offences against children under the age of
18.
Criminal statute of limitations reform cannot be made retroactive, so
many survivors of abuse will never be able to prosecute their abusers.
To provide some measure of justice for those victims, and to identify
their abusers in a public forum so other children will be protected, we
must eliminate the civil statute of limitations.
To provide justice for past victims of abuse, we must create a mechanism
which allows for civil actions for sexual abuse of minors.
Because some of our institutions have not met their obligations in the
past to protect our children from sexual abuse, we must encourage them
to better protect children in the future by eliminating, as have forty-seven
other states, the doctrine of charitable immunity.
Again, to provide justice for past victims of abuse, we must create a
mechanism for civil actions in which charitable immunity is an issue.
In recognition that the issues which are involved in the protection of
children from sexual abuse are complex and involve several disciplines,
the Legislature should establish a permanent Commission to advise and
recommend additional legislation.
SECTION 1. This Act may be cited as the Comprehensive Protection from
Childhood Sexual Abuse Act of 2007.
SECTION 2. There shall be established a permanent Commission for the
Protection of Children from Sexual Abuse, which Commission shall meet
monthly, to consider all issues which relate to the protection of children
from sexual abuse. The Commission shall have a chairman appointed by the
governor, and 20 additional members, all serving without compensation,
three appointed by the Speaker of the House, three appointed by the President
of the Senate, and the remainder appointed by the governor, all to serve
at the pleasure of their respective appointing authorities. Of those members
appointed by the governor, three shall be survivors of childhood sexual
abuse, three shall be licensed mental health professionals who are actively
involved in childhood sexual abuse issues, three shall be professionals
in law enforcement, the court, or the correctional system, and three shall
be advocates for victims of childhood sexual abuse. The Commission shall
report to the Legislature, on before December 31st of each year, with
specific legislative proposals to provide protection of children from
sexual abuse.
SECTION 3. Section 51A of Chapter 119 of the General Laws, as appearing
in the 2004 Official Edition, shall be amended by adding at the end of
said section the following paragraph: -
Notwithstanding any other provision of this section, any person who,
in his professional capacity, shall have reasonable cause to believe that
a child under the age of eighteen years is suffering physical or emotional
injury resulting from sexual abuse inflicted upon him, which causes harm
or substantial risk of harm to the child's health or welfare, and who
is required therefor to make oral and written reports of such incidents,
but who fails to do so, shall be punished by a term of imprisonment of
up to two and one-half years, or a fine of not more than ten thousand
dollars, or both. Any corporation or other institution, which employs
an individual required to make a report pursuant to this section as part
of his official duties, and said employee fails to make such report, shall
be punished by a fine of not more than one hundred thousand dollars.
SECTION 4. Section 51A of Chapter 119 of the General Laws, as appearing
in the 2004 Official Edition, shall be amended by adding at the end of
the first sentence thereof the following sentence:
Any person who, in his professional capacity, has reasonable cause to
believe that a person who is alleged to have sexually abused a child in
the past, presently represents a credible threat to a child under the
age of eighteen years in a child or youth serving organization, shall
have the same obligation to make oral and written reports of such threat
to the appropriate law enforcement agency or official.
SECTION 5. Chapter 258C of the General Laws is hereby amended by striking
out section 2 (b), as so appearing, and inserting in place thereof the
following section: -
(b) No compensation shall be
paid under this chapter unless the claimant demonstrates that the crime
was reported to the police or other law enforcement
authorities or to an agency or entity obligated by law
to report complaints of criminal misconduct to law enforcement authorities.
Except in the case
where the division finds such report to have been delayed
for good cause, such report shall have been made within five days after
the occurrence
of such crime. In the case of a claimant who was sexually
abused as a minor, such good cause shall include the report of any duly
licensed mental
health professional stating an opinion that the claimant
did not make the connection between the sexual abuse and the harm suffered
as a result
by the claimant at the time the abuse occurred, and that
claimant’s
failure to make the connection was consistent with the
typical responses to sexual abuse by such victims.
SECTION 6. Chapter 258C of the General Laws is hereby amended by striking
out section 5 (a) (1), as so appearing, and inserting in place thereof
the following section: -
(a) (1) A claim for compensation
under this chapter shall be filed within three years of the date of
the crime. In the case of a claimant who was
sexually abused as a minor, said three years shall commence
to run when the claimant first makes the connection between the sexual
abuse and the
harm suffered as a result by the claimant. The report of
any duly licensed mental health professional stating an opinion as to
the date when the
claimant first made the connection between the sexual abuse
and the harm suffered by the claimant, and that the claimant’s
failure to make the connection prior to that date was consistent with
the typical responses
to sexual abuse by such victims, shall be prima facie evidence
in all proceedings under this chapter.
SECTION 7. Chapter 277 of the General Laws is hereby amended by striking
out the second and third sentences of section 63, as so appearing, and
inserting in place thereof the following: -
An indictment or complaint for an offense set forth in section 13B,
13F, 13H, 13L, 22, 22A, 23 or 24B of chapter 265 or for conspiracy to
commit any of these offenses, or an accessory thereto, or any one or more
of them, may be found and filed at any time after the commission of such
offense, provided that the victim was under the age of 18 when the offense
was committed.
SECTION 8. Section 4C of Chapter 260 of the General Laws, as appearing
in the 2004 Official Edition, shall be amended by striking out the first
paragraph thereof as so appearing, and inserting in place thereof the
following: -
Any actions for assault and
battery alleging the defendant sexually abused a minor, or for negligence
alleging that the defendant negligently
supervised a third person who sexually abused a minor,
or that the defendant’s
conduct caused or contributed to the sexual abuse of a
minor by a third person, may be commenced within three years after the
plaintiff first
reports the allegations of sexual abuse to a police department
or other law enforcement agency. Said three year period shall be tolled
for one
year after the rendering of a verdict in any criminal proceeding
undertaken as a result of such report, or until one year after the plaintiff
receives
written notice from the law enforcement agency that it
has declined to prosecute. If a claimant has reported the allegations
of sexual abuse
to a police department or other law enforcement agency
prior to the effective date of this act, said claimant may commence
an action within three years
after the effective date of this act.
SECTION 9. Section 85K of Chapter 231 of the General Laws, as appearing
in the 2004 Official Edition, shall be amended by adding at the end thereof
the following:
Notwithstanding any other
provision of this section, the limitations on liability set forth in
this section shall not apply if the claim is
for intentional or negligent conduct which caused or contributed
to the sexual abuse of a minor. For purposes of this section, “sexual abuse” shall
be defined as set forth in section 4C of chapter 260.
SECTION 10. Section 85W of Chapter 231 of the General Laws, as appearing
in the 2004 Official Edition, shall be amended by adding at the end thereof
the following:
Notwithstanding any other
provision of this section, the limitations on liability set forth in
this section shall not apply if the claim is
for intentional or negligent conduct which caused or contributed
to the sexual abuse of a minor. For purposes of this section, “sexual abuse” shall
be defined as set forth in section 4C of chapter 260.
SECTION 11. The provisions
of Sections 9 & 10 shall apply to all
claims under Section 4C of Chapter 260 which have accrued,
and to all actions which are pending, on the date upon which it becomes
effective.
SECTION 12. The provisions
of Sections 9 & 10 shall be deemed to
be retroactive to the fullest extent permitted under the
Constitution of the United States and the Declaration of Rights of the
Commonwealth
of Massachusetts.
SECTION 13. The provisions of this bill shall become effective upon passage.
SECTION 14. Each section of this Act shall be separable and shall continue
in effect if any provision hereof is deemed to be unconstitutional or
otherwise ineffective.
THE
LEGISLATORS WHO HAVE SIGNED ON AS CO-SPONSORS OF THIS
LEGISLATION ARE AS FOLLOWS. IS YOUR
LEGISLATOR ON THIS LIST?
|
Ronald Mariano |
Garrett J. Bradley |
|
Bradley H. Jones, Jr. |
Barbara A. L'Italien
|
|
Susan C. Tucker
|
Harriette L. Chandler
|
|
Frank M. Hynes |
Steven A. Baddour |
|
Angelo J. Puppolo, Jr. |
Louis L. Kafka |
|
Robert P. Spellane |
Mary E. Grant |
|
Geraldo Alicea |
Paul Kujawski |
|
James E. Vallee
|
Anne M. Gobi |
|
Gale D. Candaras |
Stephen M. Brewer
|
|
Richard J. Ross |
Alice K. Wolf |
|
Kathi-Anne Reinstein |
John W. Scibak |
|
Allen J. McCarthy |
Christopher G. Fallon |
|
A. Stephen Tobin |
Jennifer M. Callahan |
|
Robert L. Hedlund |
Steven M. Walsh |
|
Michael W. Morrissey |
Richard T. Moore |
|
Lewis G. Evangelidis |
John P. Fresolo |
|
Alice Hanlon Peisch |
William C. Galvin |
|
Bruce J. Ayers |
Douglas W. Petersen |
|
Peter J. Koutoujian |
|
For more information
about efforts to repeal the statutes of limitation,
visit the
Coalition to Reform Sex
Abuse Laws in Massachusetts
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