A bill designed to provide justice to the victims of “hidden” child predators passed out of the Georgia House Judiciary Committee on Thursday. Like most new laws, both sides of the issue are not 100% happy with the resulting legislation.
As originally designed, House Bill 17 would extend the period in which victims of childhood sexual abuse can file suit. Currently, the statute of limitations prevents lawsuits more than five years after the victim’s 18th birthday. Georgia’s “Hidden Predator Act,” as proposed by Republican Rep. Jason Spencer of Woodbine, would have extended that by 30 years. It would also grant a two year window for any child sex abuse case, previously timed-out under the current law, to be brought before a civil court. Victims would also, for the first time in Georgia, have access to investigative reports and other documents needed to pursue a civil action.
After grinding through the gears of state politics for more than a month, the bill is much changed.
The extended statute of limitations is gone and other provisions are watered down according to local child welfare advocate Jennifer Stein of Prevent Child Abuse Habersham (PCAH). “This original proposed bill would give them (victims) the opportunity beyond age 23 when they found the voice and the courage to speak out.”
Many victims, according to Stein, can’t speak up until later. “Your typical 8-year-old and under, you figure 30-40% of the time they’re abused by an actual family member. They don’t even consider reporting the abuse until mid-life when they’re fully out on their own and out from under the control of the predator.”
In an interview with Now Habersham, Spencer admits his bill is weaker but says it still provides justice to the victims of child sex predators, “I have been frustrated in the process. We had a very victim-friendly bill when we first introduced it. It went way back to the other way to a predator-friendly bill (in subcommittee). We still had that predator-friendly bill when we came to Judiciary (Committee) on Thursday.”
One predator-friendly caveat that doesn’t sit well with Spencer or child advocates is a provision that protects groups and organizations that might shelter a predator. Victims abused while under the care of churches, daycare centers, schools or other “entities” defined in the bill would have to meet a higher legal standard, provide “clear and convincing evidence,” to prove the entity was aware of the abuse for a civil suit to proceed.
“I think some of these entities have something to hide,” Spencer explains. “Justice is being denied but what we’ve got to do is create a reasonable path to justice where we don’t create a witch hunt but we are providing an avenue where victims can actually put their perpetrators in court and expose them.”
Amendments introduced in Judiciary on Thursday pushed the law closer to its original intent. Spencer says the retention of the two year window that allows all victims, outside the statute of limitations, to pursue lawsuits until 2017 and the addition of punitive damages language produced a “slightly” more victim-friendly law.
“I think what you’re going to see is what you’ve seen in other states that have done this. You’re going to expose pedophiles that will never be on the sex offender registry and have never had criminal charges filed against them. You will expose them. You will shame them and the community will know who they are. Then justice can happen and healing can happen for these people who are seriously hurt.”
It’s now up to the House Rules Committee to pass the bill to full body for a vote. That could happen as early as Monday. Spencer believes he has more than enough support to pass a floor vote. Republican State Senator Tommie Williams of Lyons, Georgia would then take up the work in that chamber.
