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Pam Palmer Favorable - MD-SB69 to Extend Civil Statute of Limitations on Child Abuse

I am the mother of a sexual abuse victim. My family was part of a widely publicized civil lawsuit alleging
sex abuse cover-up by a megachurch located in Montgomery County, Maryland called Covenant Life
Church (CLC). Last month, the Washingtonian Magazine published an extensive expose on our case. [see
references] Our case (currently inactive) is not slip and fall litigation. It involved real lives that have been
ruined. There were 11 victims, who had the courage to come forward. Many went public with their real
names -- putting their own privacy aside for the sake of justice. There were more victims, who were not
able to get to join our case prior to its dismissal.
It is crucial to note, false allegations of sex abuse by children are only 1-10%, hovering in most studies
closer to the lower percentages of 1.5-2% depending on what study is reviewed. (The Leadership Council,
2005). Only 2-8% of all sex crimes accusations by adults are false. (FBI, Stanford University, NADDA,
2016)
Tom McCarthy, the director of the Academy Award-winning movie, Spotlight said of the horrific sex
abuse scandal in Boston, We have to make sure this never happens again. Unfortunately, our experience
shows that it is still happening.
Although there has been one recent conviction in 2014, of Nate Morales, a former Worship leader from
CLC, sentenced for 40 yrs., other related criminal investigations have been slow to bring any arrests.
It is difficult to get a criminal conviction on a perpetrator, after a long time. With current civil litigation
being time-barred for the sexual abuse survivor, in their late 20s, 30s or 40s, who finally have come to
place where they can seek justice - there is no justice. In addition, the larger society is endangered,
because there is no way officially to alert the public and protect more children from sexual predators
wandering in our communities and our houses of worship. There must be another way.
The legal climate throughout the United States has been changing on the issue of SOL, because of this
very dilemma and others like it. Currently, almost half of the states have extended, are extending their
SOL. I want to highlight what some of our neighboring jurisdictions have been doing.
Delaware:
In 2007, the state of DE enacted one of the strongest, pro-victim civil SOL laws on child abuse, allowing
no time limits for civil action. DE has been way ahead of the curve on this crucial legislative reform.
During 2009, a horrific case of a pediatrician caught having abused and photographed the abuse of more
than 100 infants and toddlers and is now serving life imprisonment.
When there is a long history of sex crimes, such as this serial pedophile, victims deserve to have justice
by bringing forth civil suit.
I grew up in New Castle County, DE. In that county, where my parents were members of a local Roman
Catholic parish, 91% of all the parishes had one credibly accused priest, as reported in 2010. Because of
the extended SOL, a number of successful civil cases have been brought forth stopping predators and
bringing about greater safety for the society, at large.
When there is pervasive, longstanding collusion by an institution, victims deserve to have the freedom to
bring civil litigation through extended SOL.
Pennsylvania:
PA state legislators and activists having been advocating recently to change their states SOL.
This is, in part, because of the Penn State scandal, Sandusky was convicted in 2012 of molesting 10 boys.
Penn State has settled multi-million dollar civil suits with some of Sanduskys victims. A 48 yr. old
alleged victim has come forward. He is time-barred from even a criminal case against Sandusky, and so

far has been unable to have justice, in criminal or civil court. This victim has to settle for vicarious
justice not based on the merits of his own case.
Older survivors of child sex abuse deserve their own day in court, not merely something vicarious.
Extended SOL would provide for this.
Bill Cosby, with nearly 60 women accusing him of rape, has finally had criminal charges brought against
him in PA. Although the victims were all adult women, this case highlights the importance of civil
litigation helping to bring about a criminal case. The PA States Attorney was able to bring criminal
charges against Cosby based on evidence arising from sworn testimony in a civil case against Cosby.
Having extended civil SOL, will help protect society from sexual predators, which may be difficult to
criminally prosecute (because length of time, lack of evidence, etc.)
Virginia:
In 2011, VA extended their civil SOL, to 20 yrs.. They are 5 years ahead of the Commonwealth of
Maryland in reform civil statutes on child abuse.
In 2015, a well known, youth baseball coach, was convicted of sexual abuse and sentenced to 79 yrs.
However, it took 3 criminal cases to get a conviction. He was acquitted for child sexual abuse twice before he was convicted. What if the third criminal case had not been able to make charges stick?
This case exemplifies the complexity of the judicial system. Having extended SOL provides an added
layer of protection for children, to bring forward more victims or evidence needed to win a conviction.
D.C.
D.C. is currently working towards extending their SOLs to 20 yrs.
A former Police officer (a 25 yr veteran of the force) and a SE pastor was recently convicted of sexually
abusing 2 girls in 2015 and sentenced to 18 years. An older victim from approximately 25 yrs. earlier
came forward as a witness to corroborate their case when she was just 6 yrs. old. This victim perhaps
unable to get a conviction on her own during the past 25 years, should have the freedom to sue him, if she
so chooses.
Short civil SOL time bar victims civil rights, particularly in cases of longstanding serial sexual predators.
West Virginia:
Only has 2 yr. SOL. (We dont want to go backwards like this jurisdictions civil SOL)

In 2013, a Mormon Church leaders adult son was convicted of sexually abusing 12 children and
sentenced to 75 yrs. The victims currently are in an active lawsuit against the Mormon Church for coverup. The victims are in an uphill battle because of the anti-victim climate and the misguided judgement by
the judge, who has order them to pay for the convicted child molesters legal fees. These victims are
apparently within the civil SOL in WV. If they had not been, there would be twelve victims without
recourse towards the institution, which has allegedly harmed them through cover up of a sexual predator.
The cycle would continue. An anti-victim, legal environment breeds more victims.
Vice President Joe Biden said at the Oscars in reference to sexual assault: Lets change the culture. We
must and we can change the culture. So that no abused woman or manever feel they have to ask
themselves, What did I do? They did nothing wrong.
Criminal and civil laws are like the two bookends that hold up our judicial system to enable justice for
victims and to protect society. We need extended civil SOL to help victims get justice.
Please allow bill SB69 to go to the Senate floor for an up or down vote. Thank you.

References:
False Allegation Statistics:
http://web.stanford.edu/group/maan/cgibin/?page_id=297http://ndaa.org/pdf/the_voice_vol_3_no_1_2009.pdf
http://www.leadershipcouncil.org/1/res/csa-acc.html
Child Molestation Statistics:
http://www.childmolestationprevention.org/pdfs/study.pdf
http://www.d2l.org/site/c.4dICIJOkGcISE/b.9314267/k.3928/Child_Sexual_Abuse_Statistics.htm
Covenant Life Church Civil and Criminal Cases:
http://www.washingtonian.com/2016/02/14/the-sex-abuse-scandal-that-devastated-a-suburbanmegachurch-sovereign-grace-ministries/
https://www.youtube.com/watch?v=iFMeuBknW34
https://www.youtube.com/watch?v=TJ-O67hwnvE
Spotlight Quote:
https://www.bostonglobe.com/arts/movies/2016/02/28/oscarsawards/laA2QbfA2rTnWWk7qhp4yM/story
.html
DE Roman Catholic prevalence of alleged Priest abusers:
http://www.snapnetwork.org/snap_press_releases/2010_press_releases/123010_new_figures_show_shock
ingly_widespread_abuse_in_de_md.htm
Penn State Scandal:
http://www.huffingtonpost.com/2011/11/09/penn-state-scandal-timeline-jerry-sandusky_n_1084204.html
http://crimewatchdaily.com/2015/11/11/exclusive-new-sandusky-child-abuse-accuser-steps- forward/
PA Bill Cosby Criminal Case:
https://news.yahoo.com/video/bill-cosby-charged-crime-due-095459220.html
PA Roman Catholic Church Cover-up:
http://ncronline.org/news/accountability/pa-bishop-defends-his-handling-clergy-sex-abuse-allegationsgrand-jury-report
VA Coach Case:
http://www.richmond.com/news/local/central-virginia/article_c40967b7-d89b-5189-a0e7b512652caecc.html
DC Police Officer/Pastor Case:
http://www.fox5dc.com/news/1645242-story
https://www.washingtonpost.com/local/public-safety/ex-dc-police-officer-and-pastor-sentenced-insexual-abuse-of-two-teens/2016/02/26/a242b760-dcad-11e5-81ae-7491b9b9e7df_story.html
WV Pedophile Case:
http://www.rawstory.com/2015/04/west-virginia-judge-orders-victims-to-pay-half-of-sex-abusers-legalfees-in-mormon-church-cover-up-suit/
http://www.wvgazettemail.com/article/20150421/GZ04/150429951/
Vice President Biden Quote:
http://www.hollywoodreporter.com/news/best-quotes-2016-oscars-871261

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