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May 05, 2005
Commercials call for end to shield law in child sex abuse cases
TRENTON, N.J. -- Frustrated over a perceived snub by state lawmakers, child sexual abuse victims are taking to the airwaves.
The group, fixthelaw.org, is launching a series of cable television commercials demanding a change to the law shielding nonprofits from lawsuits by child molestation victims. The group is dedicated to overturning the shield law, known as charitable immunity, which remains on the books in three states, including New Jersey.
"Lawmakers are really betraying us," said John Hardwicke Jr., a group member who said he was abused for two years while attending American Boychoir School in Princeton. "Lawmakers have not done their jobs, so we want people to lobby their lawmakers to get this bill posted."
The Senate passed legislation last May allowing sex abuse victims to file suit against churches, schools and other charitable organizations, but the measure has stalled in the Assembly.
Assembly Speaker Albio Sires, D-Hudson, who decides which proposed laws advance to the Assembly floor, did not return calls for comment.
His spokesman, Joe Donnelly, on Wednesday said the measure "is still very much alive and well."
Donnelly said a sticking point for lawmakers is setting a deadline for filing lawsuits against nonprofits in cases when alleged abuse dates back decades.
"Everyone is in agreement that all victims that we currently are aware of will be able to have their day in court," Donnelly said in a statement.
One commercial features a boy sitting on a swing describing ongoing abuse by a man at church. The 30-second black and white spot ends with the child begging for help, then the message on screen, "End Charitable Immunity. Contact the New Jersey Assembly." A second spot features an announcer's voice dubbed over similar video.
"They're poignant, moving commercials," Hardwicke said of the spots scheduled to air May 10-15 in select legislative districts, including Sires'.
The bill would allow sexual abuse victims to file lawsuits against churches and other charitable organizations if they can show that the organization acted negligently by hiring or employing sexual predators. Those abused as children could file lawsuits years later as adults under the proposal.
Besides New Jersey, only Alabama and Tennessee still grant total immunity to charitable organizations in sex abuse cases.
A case pending before the state Supreme Court also presses the issue, arguing that the law protecting nonprofits from negligence suits should not apply to sex abuse cases. Justices heard oral arguments in November, but have not ruled.
Posted by Nealus at May 5, 2005 08:05 PM
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