Civil and Not So Civil
Report from VOTF vice president Kris Ward
A critical hearing on a Statute of Limitations bill was held in the Ohio House Judiciary Committee on Nov. 22.
Members of the Ohio affiliates have worked alongside survivors and members of their families with great dedication and sacrifice throughout 2005 toward the goal of passage of this bill, which passed the Ohio Senate unanimously in March 2005. It ran into trouble in the House. The bill includes: an extension of the civil statutes for 20 years after a survivor reaches the age of 18 (with a provision that the clock stops if a perpetrator leaves the state and restarts upon a return); the addition of clergy as mandatory reporters; and a provision for a one-year window of access to justice for those for whom the current statute has passed (this is a “look back” of 35 years).
The bishops of the six dioceses of Ohio, through the attorney and the lobbyist for the Ohio Catholic Conference, have expressed opposition to the window portion of this bill.
The window is essential to hold bishops accountable. It would provide opportunities for bishops to speak under oath on a witness stand, thereby entering the public record.
With this information, the whole Church – and society at large in all sexual abuse of children and minors’ cases – would get that much closer to the truth. This is a potent tool
to hold accountable those who abused as well as those who covered up and enabled.
These opportunities do not present themselves with criminal statutes because
windows for the filing of cases in a look-back period are not part of criminal statute extensions.
We have, as have all of you, heard Catholics question the need for the windows that would allow access to justice. There is an argument put forward that these windows will mean settlements that will bankrupt the Church.
The windows provide access to justice. They do not guarantee an outcome of innocence or guilt. No part of the judicial process ceases to exist because of the window. The windows do not lessen the evidence standard for proving a case. Without the truth, all of us today and all Catholics in the future will continue to operate in the dark. The bankruptcy we need to prioritize is the moral bankruptcy that comes of shirking the pursuit of truth.
On November 22:
Over 115 people came to testify and support those who testified – many of them Voice of the Faithful members from throughout Ohio. The crowd overflowed from the hearing room into an adjacent room – this on very short notice and on a week day.
Ohio Senate Bill 17, whose sponsor, Senator Robert Spada, is now a member of Voice of the Faithful and was with us in Indianapolis, was scheduled for a House Judiciary Committee hearing from 9:30 am to 4 pm. So many survivors, family members and supporters registered to testify that the hearing was extended to 9 PM; even that wasn’t enough since only 43 people were able to testify. Twenty-seven registered speakers were not able to testify.
The Chair of the Committee has scheduled another hearing date for proponents of this legislation – December 8! I find that a very interesting selection of days. We ask for your prayers again as you celebrate Eucharist on the Feast of the Immaculate Conception.
The testimony of Donald Bondick, and that of other victims/survivors/family members/supporters, was courageous and powerful. Fr. Tom Doyle and Patrick Wall also spoke with their expertise and conviction evident from their first words. Several survivors spoke for the first time in public.
A survivor and his mother from the VOTF Dayton affiliate were the last to speak on November 22. They very much understand that what’s said last has the power of staying with attendees. They have been passionate in this cause. Something very interesting happened before their testimony: the Chair of the Committee excused himself from presiding and passed the gavel to a colleague. He left the committee seating area and came forward into the center of the room and shook the hands of the survivor – David Hoehne and his mother Ginny Hoehne. His colleagues waited for a few moments until the Chair returned to his place and the hearing continued.
While we in this movement know of the pain the survivors and their families carry, it takes the survivors fortitude to keep bringing this knowledge to those who have the power to create good public policy. Our gratitude to them cannot be measured.
There will be a day for opponents of this legislation. Sadly, we expect that the Bishops of the six dioceses of Ohio will testify, most likely through their attorney and lobbyist, in opposition to this bill.
For your prayers and for all you do to keep the faith and change the Church, this comes with gratitude, and a wish for a happy and faith filled Advent.
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