Faith & Values

Liberals and trial lawyers are a dangerous combination. Colorado Rep. Gwyn Green (D-Golden) can't do enough to satisfy both groups, and if she cripples the Catholic Church and violates principles of the rule of law she apparently doesn't mind one bit.

Green has introduced HB 1011 in the legislature that would completely remove the statute of limitations provision with regard to civil claims of child sexual abuse against private groups. As Vincent Carroll, Rocky Mountain News Columnist and editor of the editorial pages, explains this "bill exists for one reason, to give trial lawyers more leverage against the church."

Currently, claims can be filed for sexual abuse on a child anytime up to six years after the child's 18th birthday. Green's bill would allow a two year window to bring civil suit against private groups, such as the Archdiocese of Denver, even if the alleged perpetrator is dead.

It would be a little difficult to defend from the grave. But, then Green and the trial lawyers aren't interested in digging up the perpetrator, they want to dig into the deep pockets of the Church. Technically the bill doesn't single out the Catholic Church, and thus it exposes countless other private groups to similar action by trial lawyers hungry for work and plaintiffs willing to go along for the ride. Green's bill is like throwing red meat in a pen of starved pit bulls.

This isn't the first time to the dance under the Gold Dome for Green's idea. It was tried and scuttled two years ago when the fraud of exempting public institutions was exposed. Anybody paying just a little attention to the news knows that public schools and other government entities have more than their share of perverted sexual abusers, too. This time Green promised a companion bill to address sexual abuse in public institutions -- enter House Bill 1239.

Government already enjoys protection from civil damage claims by virtue of limiting caps on damage claims. HB 1239 does nothing about that while private groups have no such protection.

As explained above, Green would let the trial lawyers troll through history as far back as they wanted to go, but actions against public institutions would only apply to future claims of abuse.

Green's HB1011 specifically expands "vicarious liability" against private groups opening up the whole can of worms for the trial lawyers to go fishing. HB 1239 contains no such expanded liability language against government institutions.

The real kicker in HB 1239 is what will likely be known as the "weasel clause." As Carroll exposed, Green's legislation would allow action against public (government) entities only if they've failed to perform "a legally required background check prior to hiring an individual who will work with children…"

"In other words," Carroll correctly concludes, "if public agencies don't actually break the law in hiring, they're essentially off the hook."

Nobody has any sympathy for someone who would sexually abuse a child, particularly someone in a position of trust or influence. Green claims, "I'm just trying to make abusers financially accountable." No she's not. Green isn't after the abusers nearly as much as the entity with a purse behind the abuser. The reality of Green's initiatives is to tip the playing field to expose private entities like the Church with lots of assets.

Should Green's idea pass the logical conclusion for private groups is to completely eliminate any youth functions in order to eliminate their liability. That would leave government as the sole provider of youth activities and services and in even more control of our children, which happens to be the way liberals think it ought to be anyway.