Silent Suffering: Unveiling the Hidden Struggles of Sex Abuse Survivors Hindered by Statute of Limitations
Two decades ago, my colleagues and I marked a significant triumph against the Archdiocese of Louisville, Kentucky, securing a groundbreaking settlement for 243 individuals who endured sexual abuse during their childhood. The aftermath of the April 2002 lawsuit filing saw these resilient survivors bravely stepping into the spotlight, recounting their harrowing experiences to a skeptical audience that, at first, hesitated to acknowledge the grim reality. By September 2002, as a hundred survivors emerged from the shadows, the undeniable truth surfaced: 34 priests, among them a Kentucky bishop, had preyed upon hundreds of children over five decades. Despite the settlement, with no admission of liability from the Archdiocese, our community turned to the justice system in the hope of preventing further atrocities against children.
In 2003, the statute of limitations in Kentucky allowed individuals to sue for childhood abuses until the age of 19, with a narrow exception permitting legal action against an employer who fraudulently concealed an employee's history of abuse. Post-2003, minor extensions granted abused adults the right to file lawsuits until their 28th birthday, but the fraudulent concealment exception no longer provides an avenue to extend this time limit.
Consider the chilling scenario of a 5-year-old child enduring abuse, met with silence from the Mormon church. Here lies the shocking revelation: while legislators touted their achievement in 2003, they overlooked a fundamental aspect of social science — the reluctance of child survivors to disclose their stories until middle age. Our experiences in 2003, advocating for middle-aged survivors and young adults, affirmed that breaking the silence is a gradual process. Regrettably, our laws fail to acknowledge this widely accepted truth.
Presently, survivors abused in their 20s, now in their 40s, are mustering the courage to step forward and pursue legal recourse. It is disheartening to witness their tears as I convey the bitter reality that survivors had only until age 28 to file a lawsuit against the archdiocese. The anguish intensifies when, after years of summoning courage, a survivor discovers their path to justice permanently sealed.
Since the inception of our nationwide awareness of the Catholic priest child sexual abuse crisis, numerous predominantly Catholic communities have advocated before legislatures, urging the abolition of statutes of limitations in child sexual abuse cases.
In the intricate web of child sexual abuse cases, the perpetrators operate with a shrewd and cunning awareness. They navigate the terrain of statistics, fully cognizant that a substantial majority of their victims will endure the early- to mid-adult phases of their lives ensnared in a deafening silence. My two decades of interviews with thousands of survivors underscore the stark reality of this phenomenon.
As Americans increasingly distance themselves from organized religion, relinquishing not only faith but also grappling with the aftermath of abuse, our society faces a critical juncture. When grappling with the destiny of statutes of limitations in cases of child sexual abuse, our legislature must confront a fundamental question: What holds greater value — the lives of innocent child victims or the wealth amassed by formidable institutions? The answer to this question lies in the pivotal decision to eliminate the statute of limitations, a crucial step towards restoring dignity to those grievously wronged among us.
William F. McMurry, a board-certified trial specialist in legal malpractice and medical malpractice, licensed in Kentucky, North Carolina, and Florida, resides in Louisville, Kentucky. This column was originally published in the Louisville Courier-Journal.
In conclusion, the labyrinth of child sexual abuse demands our collective attention and decisive action. As perpetrators strategically exploit the statistical likelihood of victims carrying their burdens in silence through early- to mid-adulthood, our societal shift away from traditional institutions, including churches, adds another layer of complexity to the issue. When our legislature contemplates the fate of statutes of limitations in such cases, a profound question emerges: What do we value more — the lives of vulnerable child victims or the amassed wealth of powerful institutions?
To restore justice and dignity to those who have suffered the gravest wrongs, the unequivocal solution lies in the elimination of the statute of limitations. This pivotal step not only acknowledges the insidious nature of child sexual abuse but also demonstrates a commitment to prioritizing the well-being of survivors over the interests of institutions. William F. McMurry's insights, gleaned from two decades of interviewing survivors and navigating legal complexities, underscore the urgency of this imperative. In charting the course forward, let us embrace a future where the pursuit of justice eclipses the protection of privilege, and where the silenced voices of the past find resonance in a more compassionate and just society.