Advertisements ad

October 11, 2009

Illinois Supreme Court rules on sex-abuse statute of limitations

Adult survivors of sexual abuse who came to realize their trauma before 2001 should have taken their cases to court before 2003, when the state amended its statute of limitations, according to a ruling handed down by the Illinois Supreme Court Sept. 24.

Prior to 2003, the statute of limitations gave accusers two years after they realized they had been abused or after they turned 18, whichever came later, to file civil suits.

The 2003 amendment gives accusers five years after they realize they were abused or 10 years after they turn 18 to file lawsuits. The Illinois legislature changed the law in the wake of the clerical sex abuse crisis that rocked the Catholic Church starting in 2002.

The ruling last month does not change that amendment; it simply clarifies the cases to which it pertains.

The ruling does not change the archdiocese’s focus on aiding victims.

“The Archdiocese of Chicago will continue to work to bring healing and justice to the survivors of child sexual abuse by priests. The archdiocese has a long-standing practice of seeking reconciliation with survivors and urging them to come forward to promote healing,” said a statement released by the archdiocese Sept. 24.

“Our response has never been limited to the minimum required by civil law and we have never turned anyone away because of the statute of limitations. The decision today by the Supreme Court of Illinois will not change this commitment. We will continue to do what we can to help survivors, their families and communities,” this statement said.

The ruling stemmed from a case against Kenneth Roberts, who served as a priest in the Archdiocese of St. Louis. Christopher Amenn, now 39 and a firefighter from O’Fallon, Ill., alleged that Roberts abused him in 1984 when Amenn was a student at St. Mary School in Belleville, Ill.

Amenn said he realized in 1998 that his severe depression came from that abuse. Thinking the change in the law would cover him, he filed suit in November 2003 against the Diocese of Dallas, the Diocese of Belleville, the Archdiocese of St. Louis, and Roberts. Under the Supreme Court ruling, he should have filed by 2000.

The case was dismissed because of the statute of limitations by St. Clair Circuit Court Judge Lloyd Cueto before being reinstated by the state appellate court.

While attorneys representing the dioceses argued that the case should be dismissed, the Catholic Conference of Illinois reaffirmed the church’s commitment to work with sex-abuse victims.

“The Catholic Conference of Illinois, representing the six Catholic dioceses in our state, wishes to reaffirm its commitment and the commitment of each diocese to assisting those who have been victims of sexual abuse by priests,” according to a statement released by the conference. “The Catholic community will continue to work to bring healing and justice to the survivors of child sexual abuse. Through the diocesan Victim Assistance Programs, each diocese has a practice of seeking reconciliation with survivors and urging them to come forward to report their stories as a way to promote healing.”