Michigan Lawmakers Seek To Double Statute Of Limitations For Sexual Abuse

The bipartisan lawmakers in Michigan has recently introduced legislation that seeks to provide victims of sexual abuse with an extended period to pursue legal action for damages. This initiative comes as the state seeks to reform its laws in response to numerous sexual abuse scandals.

The proposed legislation, presented before a committee on Tuesday, aims to increase the civil statute of limitations for victims of sexual abuse in Michigan. Under the new measures, the age limit for filing a lawsuit would be raised from 28 to 52. Additionally, the legislation includes a provision that allows victims to sue retroactively within a two-year window, regardless of the previous time limit.

The intention behind these changes is to provide victims, including those affected by the actions of Dr. Robert Anderson at the University of Michigan, with an extended opportunity to bring forth lawsuits that were previously barred by the statute of limitations. Furthermore, the legislation eliminates the immunity defense for government entities if they were aware of or should have been aware of an accused individual’s prior sexual misconduct but failed to take appropriate action.

After the conviction of Larry Nassar, who sexually abused numerous female athletes, including those at Michigan State University, under the pretense of medical treatment, Michigan enacted a law in 2018 that extended the statute of limitations to the age of 28.

Advocates argue that the existing time limit for filing lawsuits denies many victims the opportunity for delayed justice, as victims often keep their trauma to themselves. They point to research indicating that many victims do not come forward until they are in their 50s. Several states, including Vermont, Maine, and Maryland, have already eliminated the statute of limitations for child sex crime lawsuits.

The push for reform gained momentum in the wake of reports of abuse by Roman Catholic clergy dating back several decades across the United States. In 2019, Michigan Attorney General Dana Nessel initiated an investigation into sexual abuse by clergy within the Roman Catholic Church, resulting in eight criminal convictions thus far.

Greg D’Alessandro and Brian Hurtekant recently spoke publicly for the first time about the abuse they endured at the hands of Catholic priests decades ago. Both men have been unable to pursue civil lawsuits due to Michigan’s statute of limitations.

D’Alessandro, currently 45 years old, has come forward with allegations of sexual abuse against two priests during his time as a student in metro Detroit, spanning from the ages of 9 to 13. He revealed that he had repressed memories of the abuse for many years, and it was only through extensive therapy sessions that he began to comprehend and process the traumatic experiences he had endured as a child.

“In my opinion, if there’s anything worse that one human being can do to another, especially to a child in the name of God, I honestly don’t know what it would be,” expressed D’Alessandro during a phone interview.

Both priests involved in the allegations, Lawrence Ventline and Timothy Szott, have been officially recognized by the Archdiocese of Detroit as having credible accusations against them. Szott, who had previously pleaded no contest to child pornography possession in 2003, has since passed away.

Ventline, whose limited counselor’s license was revoked by a state board in 2019 due to educational deficiencies, cannot be prosecuted for any potential crimes believed to have been committed due to the statute of limitations, according to Attorney General Nessel at the time.

The Associated Press made attempts to contact Ventline for his response to the allegations, but was unsuccessful in obtaining a comment.

Hurtekant, who is currently 56 years old, revealed that his abuse started at the age of 13, shortly after the death of his brother. The priest involved, James Martin Novak, had been involved in overseeing his brother’s funeral and acted as a therapist to help him cope with the grief. The sexual abuse began during sixth grade and continued until ninth grade, according to Hurtekant.

In 2019, St. Therese Church in Lansing released a list of 17 priests, including Novak, who had credible accusations of abusing minors against them. A total of 73 allegations were made against these priests. The Associated Press was unable to reach Novak for comment regarding the allegations.

“We were children who grew up in a culture of sexual abuse,” expressed Hurtekant. “We deserve our opportunity to present our case in court and for justice to be served.”

The proposed package in the House committee faced a delay on Tuesday as Democratic lawmakers expressed a desire to amend the legislation by completely removing the civil statute of limitations. The attorneys representing Hurtekant and D’Alessandro, Jamie White, expressed hope in continuing to collaborate with lawmakers to bring about this change.

Additionally, the package includes the establishment of a “Survivors Bill of Rights.” This provision aims to ensure that survivors are aware of their entitlement to access advocates, attorneys, counselors, and other forms of support as they navigate the reporting process.

While this marks the third time the legislation has been introduced in the Michigan Legislature, it is the first attempt since Democrats gained full control of the Legislature and governor’s office this year.

Universities, schools, municipalities, businesses, and the Catholic Church have previously expressed resistance due to concerns about the financial repercussions that may arise from potential lawsuits related to past allegations.

The Michigan Catholic Conference, the organization representing the Catholic Church’s interests in public policy in the state, stated its opposition to the legislation, asserting that it would impose an unjust burden on public and private entities, compelling them to defend claims from several decades ago.