Burnt Orange Report

Meanwhile, in Ohio...

By Jim Dallas

It's often fairly easy to get down on the Texas lege; the number of questionable stunts pulled each and every session seems to be almost innumerable. But looking at the big picture, sometimes you have to hand it to the Ghost of Legislatures Past for putting together some fairly sensible laws.

One lege horror story this year which was frustrating for at least a few of our readers involved a House committee basically shunning a bill to eliminate the statute of limitations for child molestation. In another post, I argued that Texas's statute was already fairly generous to victims (with limitations running ten years after the victim's 18th birthday, which could in theory be as long as 28 years), and hence I was skeptical of abolishing it.

Nonetheless, the idea of abolishing the statute of limitations is a worthy idea that deserves consideration. Several commenters disagreed strongly with my skepticism, and I'd note that at least a few were no idle contrarians, as they've been toiling awfully hard in his pursuit of justice. But, even despite the indefensible shenangins of Reps. Keel, Hodge, et al., the status quo being defended could be a lot worse.

How much worse? Well, try Ohio. According to Joe-in-DC of Americablog, in Ohio limitations run in only two years. Let me repeat that: two years.

That's pretty awful, and you might've guessed that everyone'd be for changing it to a Texas-style law, at the minimum. And indeed, every one says that they are - in principle. As the Toledo Blade story linked to by Americablog Joe, the trouble arises over whether to allow a one-year "look back" window for the filing of civil suits by victims who, previously, had very little recourse:

The Toledo Catholic Diocese is stepping up its efforts to defeat a bill that would rewrite Ohio's statutes of limitations for victims of child sexual abuse.

Bishop Leonard Blair sent a letter to diocesan priests this week stating that Senate Bill 17 "should be of serious concern to all of us," and urged them to contact their state representatives to voice opposition to the legislation.

...

key provision of S.B. 17, which was passed 31-0 by the Ohio Senate in March, and this week was sent to a House committee, is to extend the statutes of limitation for filing lawsuits over allegations of child sexual abuse.

Ohio law now requires civil suits to be filed within two years after the victim turns 18. The current bill would lengthen the statutes to 20 years after turning 18.

The diocese and the victims' advocacy group SNAP (Survivors Network of those Abused by Priests) are in agreement in calling for the statutes to be lengthened to 20 years after reaching adulthood.

Such a change in civil cases would match Ohio statutes for criminal law, which were extended in 1999.

But Bishop Blair and the state's other Catholic bishops strongly oppose an amendment that would set a one-year "look back" period during which victims could file civil suits over abuses that occurred as long as 35 years ago.

Although Ohio Catholics have an interest in wanting to avoid legal battles (and I think Joe in DC is a bit reductionist, unfairly to the Catholics, when he portrays this as merely being about covering up pedophile priest scandals), I think it is just to say that putting much-needed reform on hold for that reason is extremely unfair and unreasonable.

Rep. Terri Hodge's crazy ramblings aside, Texas does not have this problem. We have a decent (although reasonable people can disagree on whether or not it is the best possible) statute of limitations. And at least in theory, we can have a fairly civil discourse about the issue.