There are times in life when your reality is something you can't comprehend. Right now is that time for me. My lawsuit with the Mormon Church is over and we are victorious. Our victory is a victory for all victims who have been wronged, ignored, and silenced into shame.

By Marci A. Hamilton

MARCI A. HAMILTON is a law professor at Yeshiva University and author of the forthcoming book "How to Deliver Us From Evil: What America Must Do to Protect Its Children." hamilton02 at aol dot com

July 19, 2007

WITHOUT question, the bravest souls involved in Los Angeles' $660-million clergy abuse settlement are the victims who came forward to sue the archdiocese. By now they have traversed more levels of Dante's inferno than anyone should have to experience.

But another heroic group has gone largely unrecognized — the Legislature. It is only because that body passed historic childhood sexual abuse legislation in 2002 that these lawsuits and settlement happened. That law created a one-year "window" into the legal system for claims that had been shut down by overly short statutes of limitations — as little as three years for some victims.

Indeed, in 2003, any California childhood sexual abuse victim could go to the courthouse and find that the statute-of-limitations lock had been taken off the courtroom door. And in they went — about 850 Catholic clergy abuse victims and 150 others who sued churches, the Boy Scouts and other institutions for employing known molesters. Even as the U.S. Supreme Court struck down California's window for criminal prosecutions, the window has been held open for civil lawsuits.

In the Boston Archdiocese scandal, victims faced "charitable immunity" laws that limited the amount of financial damages they could recover. Expired statutes of limitations also weakened their cases, and as a result, they received much less compensation per victim. With the statute of limitations set aside, California plaintiffs came to the justice system with much more powerful claims.

The window law is the sole reason California dioceses and members of the church hierarchy, such as L.A.'s Cardinal Roger M. Mahony, were forced to face the prospect of truth-revealing trials and substantial damages. Once other California diocese settlements came in — and showed that plaintiffs had increased legal bargaining power — victims were able to demand release of church personnel files. The church has resisted releasing such files, but lawsuits filed under the window law revealed the identities of many perpetrators and their institutional enablers.

California's window legislation has a beneficial ripple effect across the country as well. Last week, the Wisconsin Supreme Court, in John Doe vs. Archdiocese of Milwaukee, for the first time permitted a clergy abuse case to go forward, and it is highly likely that facts from a California case involving Father Siegfried Widera made a big difference. Widera had been transferred back and forth between Wisconsin and Southern California, and his California victims had laid out their horrific stories in court. The church hierarchy knew Widera was a convicted serial child molester and hid that fact from parishioners in both states.

California may be starting a trend toward unlocking courthouse doors for childhood sexual abuse victims. Just last week, Delaware became the first state to follow suit with a window law of its own. Its Child Victims Act creates a two-year window to file suits and abolishes the civil statutes of limitations on sexual abuse cases going forward. The New York Assembly has passed similar legislation, hearings have been held by the District of Columbia City Council, and the introduction of window bills is likely in a number of states this fall.

The beneficiaries of such bills extend well beyond clergy abuse victims, and the statistics are sobering. Multiple studies have concluded that at least 20% of boys and 25% of girls have been sexually abused — the majority by family or family acquaintances. There is a crying need to give these victims a shot at justice. One incest victim told me that she didn't come to terms with her abuse until her 40s, and when she did, she told her father she was going to sue him. His response? Don't be silly — I have the benefit of the statute of limitations. This is a woman who deserves the California-type window, and there are millions like her across the country.

It is shameful that most states have had such short statutes of limitations on childhood sexual abuse. Even though states, including California, have been lengthening those limits, that doesn't help past victims whose claims have expired. These victims have been foreclosed from justice while predators enjoy a system that protects their interests first and foremost. California has shown the rest of the country a more heroic and noble path to follow.

Link here.

Thank you, Rep. Ruchti. I can only imagine my blog is being emailed around to various Democrats in the state who read what I have written and then curse me!

I honestly wish I didn't have to write about this issue and I wish I didn't have so many people contacting me urging me to continue writing about it. If you think this is only my battle to fight, you are wrong. If you think I am smart enough to write everything that has been on my blog about this issue, you are wrong, but thank you for thinking that! Oh there are men and women behind the curtain who know much more than I could ever dream of, who keep in contact with people who I would never think of. But no, I am not a puppet, I am a conduit for other voices who know more than I know and who have sources I don't have.

I guess I am not as willing as other people to overlook half-assed admissions (and blaming someone else, see Paul Steed) and give that person the benefit of the doubt. After all, we are who we keep company with and Rep. Ruchti has spent a lot of time with a certain law firm in Salt Lake City that has spent millions and millions of dollars and many hours trying to ruin people's lives by scaring them into silence.

Ah yes, I remember the voice mails they left on people's phones who I hadn't spoken with in years. Telling these past friends and acquittance's that I was sexually abused and now suing the Church, that was lovely, let me tell you. They even called a cousin of mine and didn't realize she was my cousin, not until she told them, that is. They tried to drive my family apart and I should probably stop there, but trust me when I say those people are dirty and there isn't anything good about what they do. If you think I just told you the worst of it, you are wrong.

Keeping Kirton McConkie in the loop might sound real nice, Ruchti, but these people are pigs and take innocent victims into the mud to wrestle. They also tried to make nice with my ex step-father, a convicted child molester who pled guilty to three counts of child molestation. They tried to make nice and were successful. They loved to hang out in the courtroom before court started and after it ended for the day. They seemed to be good buddies.

Carry a bucket of shit and it will get on you.

That would be the explanation people have been giving me as to why two Republican state senators, as well as other people involved, would create a lie, with great detail and interesting additions, that states that Rep. Ruchti let a law firm help draft legislation to protect Rep. Ruchti's religion.

Why lie about this? Why Ruchti? Why lie at all? It is just some conspiracy and there is no other information to add? Who has the motivation to lie? Ruchti about being a lackey of his religion and giving them extra special treatment or the two Senators who maybe didn't like Ruchti and just decided to create some elaborate story and not even go very public with it?

Paul Steed and Ruchti have admitted to working with one of the lawyers from this law firm on the issue of child abuse, so Jorgensen and Clark took that information, which I don't think was common knowledge, and ran with it? I actually know the lawyer they worked with and he is a real piece of work. I'll leave it at that.

And for those of you who are griping about my complaints (AKA, telling me to shut up and be happy with what was done), please read through my blog posts about the issue. I made it easy with labels (hint: House Bill 125 and try sexual abuse) and I would prefer to not repeat myself nor tell you things you can easily find on your own. Also please don't critique my legal interpretations, they aren't mine, they belong to someone who knows what the hell he is talking about.

Lastly, please read the CDA article about the issue. I think a lot of you just popped on here to comment about this and haven't spent any time reading my blog and you certainly have no idea what my role has been in regards to this issue, both in the last several months and the last several years. I think I know a few things about the multitude of issues, organizations, and people involved in this, far more than you might think I do.

It just came to me, this metaphor I have, but I think a lot of Ruchti's role in this was he that was the guy carrying the bucket overflowing with shit. He maybe tried really hard to walk slowly and not spill it on him, but it is overflowing and it flowed right onto his shoes. Points if you can guess what/who the shit and bucket are. But maybe he knew exactly what he was carrying and he was naive to think that even though he was carrying shit, he could wash it right off because he would get some good publicity out of this. Only Ruchti knows and I am not counting on an honest answer from him.

Rob is his name. This is his blog. I don't think he'll mind me mentioning this, as he has gone public in a big way, but Rob is another victim of abuse that was ignored by the LDS Church. He left home one day to go babysitting. A happy little boy who lit up the room with his smile, he returned home in white pants that were now red with blood. From the Seattle Weekly article:

"A lawsuit Robert recently filed against the Utah-based Mormon church in Washington federal court alleges that Joe violated him in an apartment room, a swimming pool, a steam bath at Sand Point Naval Air Station (the Scoutmaster was in the Navy), and a Motel 6 in Issaquah. That last locale was the setting for the most sadistic attack, according to the language of the suit: '[Joe] used physical violence against Rinde, sodomizing him and forcing Rinde to orally copulate [him]. [Joe] then took a wire coat hanger and forced it into Rinde's urethra causing him to hemorrhage and causing chronic and irreparable injury to his penis and urogenital system.'"

This is just one reason why we cannot be silent about this epidemic. An epidemic made worse by religions and organizations who refuse to do what they are legally, morally, and/or ethically required to do.

Rob survived the unimagineable, why should we expect and let any other child go through the same thing? Why should we allow our elected officials to treat their religion any better than the other religions? Tell me, Rep. Ruchti.

This spring, Sen. Jorgensen (Hayden Lake), who was a sponsor of House Bill 125 on the Senate side, threatened to pull his support when he discovered that the LDS church, through Ruchti, had changed the language of the bill to allow for a "carve out" for the LDS church.

I have previously written about House Bill 125 and the possible ramifications of it. Despite my party loyalty, I place the protection, safety, and innocence of children before my loyalty to Democrats and the Democratic Party always.

I have been saddened with the knowledge that one of the bill co-sponsors, a Democrat, allowed a law firm to help draft the bill with language that will possibly remove the Mormon Church and Boy Scouts from legal accountability and liability for their actions in protecting child rapists and molesters. Yes, it is sick, but a Democrat has actively been working to protect organizations that HARBOR child rapists and molesters, while getting paid with our tax dollars.

This morning, when I checked my email, I found a link to an article where this same Democrat is found stating that House Bill 125 is targeting employers/employees not volunteers, but we knew that already, and the bill isn't intended to help victims sue the Boy Scouts and/or Mormon Church, but he didn't say it in those words exactly. It's as if he believes that volunteers are incapable of raping little boys and girls. Yet, many other religions have paid clergy, so they can be sued, just not the Mormon Church. I emailed this Democrat my concerns and that is what he conveyed to me-why punish the good volunteers by opening up a legal avenue to sue the bad ones? That shows a surprising lack of confidence in our justice system, which I know isn't perfect, but are widespread lawsuits against innocent volunteers an epidemic?

A few weeks ago, on a blog that is the best in the state, Red State Rebels, people were singing this same Democrat's praises. And yes, this person has always been kind to me and has been a good Democrat, for the most part. It was said that he is a "superstar." Well, I have to disagree. Despite his political potential, I refuse to label a protector of child rapists a superstar, even if they have the capability of being a Senator one day.

I will no longer mince my words about what this Democrat, and the Republican co-sponsor, did. They have created additional barriers for survivors of child abuse to pursue justice against their abusers and those that protected their abusers. They have opened up ways for victims to sue religions that have paid clergy, organizations that have employees, including some in the Boy Scouts, but they have provided protection for two organizations that both co-sponsors are connected to. Shame on them.

I find it sad that people are willing to overlook inexcusable actions because the person is a Democrat. Come on, party loyalty should fall by the wayside when someone targets several religions and organizations, yet protects a few, including two they are affiliated with (Boy Scouts and the Mormon Church).

ALL religions and ALL organizations should be treated equally. Our elected officials shouldn't allow a law firm to help draft legislation which provides their client(s) with a carve out. All should be subject to the same laws with no special treatment. The safety and protection of children should come first and foremost ALWAYS.

Shame on you Rep. Ruchti and Senator Hill. Shame on you for ignoring the plight of survivors. And shame on the Democrats who can conveniently overlook this fact because they value party loyalty over children. Sick, just sick.

I just attended a poetry reading my friend Liz participated in and I noticed that the person sitting in front of me was Rep. Donna Boe-Donna Boe is a local legislator from Pocatello.

Not being from Idaho and being way more focused on national politics, I didn't come to appreciate local legislators from Bannock County until the last year or so. While I have dropped lit and knocked doors for District 30 candidates in 2004 and 2006, I remained a distant supporter and observer of what my local leaders were doing in Boise. However, over the last several months, I have become a big fan of Rep. Boe.

I have always noticed how kind Rep. Boe is and I appreciate her kindness on many levels. As a college student, I possess nothing special and certainly nothing that candidates want or need, aside from a fondness for walking and getting Democrats elected! I don't have a lot of money to donate, I don't carry any prestige and my endorsement won't really get someone any votes, so I appreciate it when a candidate/politician is nice to me and doesn't treat me as though I am a burden.

Rep. Boe treats people kindly and even though she ran unopposed in 2006, she still knocked doors, she still dropped her lit, and she still put up her signs. In fact, many have said she worked harder than another candidate who actually had an opponent! It's impressive that she not only outworked another candidate, but that she actually worked at all!

Rep. Boe isn't just kind and doesn't just work her ass off, she represents what sets Democrats apart from Republicans in this state-the willingness to actually REPRESENT Idahoans in the legislature. In fact, I didn't realize it until too late, but Rep. Boe played a big role in the passage of House Bill 125. While I do have some issues with House Bill 125, I know the intentions of many were good and the concern for the safety and well-being of children came first and foremost in their minds.

Often times when you hear an Idaho Democrat speak, we are either ragging on Republicans, someone in our own party, or some dumbass thing a politician did or said. Far too often we ignore the acts of bravery, the daily concern our leaders have, and the hard work they show. I am making a promise here and now to try better in showing appreciation for those leaders who sacrifice much by running and serving and who make me proud as a Democratic voter.

Thank you, Rep. Boe, and all those who make it easier to proclaim that I am an Idaho Democrat.

I am working on some things right now that I can't really write about. But trust me, I will be writing about them after I am able to. But there is one thing I can write about, I guess. I have been playing phone tag with the editor at the Idaho State Journal. I have inquired about writing an article about House Bill 125. If you are a regular reader, you will probably remember this piece. I want to expand upon that and submit it to the ISJ, and maybe some other papers. This is an issue that can't just be forgotten.

I have set up my blogger account to email me when someone leaves a comment. I am glad I did this because occasionally I get comments from posts I made in the past and without the email notification, I wouldn't just randomly check to see if new comments were made. An Eric, who I do not know, left a comment bearing his testimony about the Mormon Church. I wanted to tell him thank you. And also thank you to everyone else who leaves comments. Some of you will be pleased to know that I am skipping a political event to attend a fireside saturday night featuring Boyd K. Packer.

Aside from all of that, I wanted to address some people who have been asking me what I will be doing after I graduate. At this point in time, I don't know. My gut is telling me I will be in Pocatello for another several months, and possibly another year or more. I don't have a job lined up and haven't been searching as much as I should, mostly because I've been incredibly busy, but if anyone has any leads, let me know! My emphasis in my program is in "State, local, and non-profit administration," but I'm open to anything that will help me utilize my skills and knowledge.

As most of you know, I spoke at a press conference in Boise a few weeks ago about House Bill 125, which extends the statute of limitations sex abuse victims have to file civil suits against the child molester and employer (if the employer was negligent, etc). What I didn't speak about at the time was the role the Kirton & McConkie law firm played in drafting the bill. I had heard from a few different people that this law firm, which represents the Mormon Church, helped draft the bill to provide a carve out for the Mormon Church. I was saddened and incredibly disappointed that the Mormon Church, once again, was and is trying to avoid being accountable for its negligent and criminal behaviors.

The bill provides a carve out in that it specifies the word, "employer" in its language. The Mormon Church uses lay clergy, which means volunteers, to operate. Because of this, the Mormon Church could then argue that one is not considered an "employee" and them not an "employer", if no pay is given and none expected. But we won't know how this will work until lawsuits are filed and judges rule.

I decided to write about this because Tim Kosnoff has a blog and I noticed he copied and pasted an article the CDA Press had wherein Rep. Jorgenson (R-Hayden Lake), who I now love, stated, "The language of the bill came from a Salt Lake City-based law firm. It was craftily done."

I spoke with Rep. Jorgenson about this when I was in Boise. I thanked him for speaking up and heard his concerns that this bill is discriminatory and targets the Catholic Church and other religions that pay clergy. I want to thank him again here. Thank you Rep. Jorgenson for remembering that victims of abuse come from all religions and all religions must be treated equally under the law. The Mormon Church can continue to run, hide, and evade responsibility for their actions, but they cannot run forever. Our pace will quicken, our strength increase, and our voices reach levels never before known; justice will be served.

It has been a year and a half since I last spoke at a press conference, so I was a little bit nervous for this one. There were at least 4 camera's there recording footage to possibly show on the news, someone from the Idaho State Journal was there, but I am not sure if someone from the Idaho Statesman was there. There was also a gentleman from a radio station. Pretty good turnout.

After the press conference, where I spoke and a lady from SNAP spoke, Mary Grant, I was asked by channel 6 and another channel, to give an interview, which I did, of course. It's always nerve wracking giving interviews because they edit most of what you say and can edit you in such a way as to make you look bad, like an idiot, or who knows what else! Many of the questions were profound and issues I hadn't really formulated responses to. What I said on camera in those interviews was as raw as you can get. There were questions that forced me to reflect back on a period of my life that seems like eons ago. It's painful and troubling to bring yourself back to a place, a hell in every sense of the word, but it is, and was, necessary.

I have a responsibility to speak out. Not just for myself and my sister, for friends and family, but for the untold number of victims who not only suffered in silence, but now try to heal in silence-still handicapped by feelings of shame, embarrassment, fear, etc...

Getting to a place where you are comfortable talking about your own personal hell is not easy and it takes you on an emotional rollercoaster, but the main reason I am able to do it is because I MUST do it. I stated recently that one day I will have children and they will go to church and I don't ever want to look back at this period in my life and know, or think, I didn't do enough.

I've been debating with myself on whether or not I want to post what I said at the press conference. I haven't made up my mind yet. Though shared publicly with many cameras, microphones, legislators, and other audience members, somehow it still feels intensely personal and something I have only shared with those I love deeply. But maybe the words themselves isn't what is so personal, maybe it is the emotions I felt and feel...

With that said, I must attend to my studying as tomorrow morning I take my comprehensive exams. When you read this and if it is before 5pm on friday (though I hope to be done before 5), please say a prayer for me. I've been carrying the world on my shoulders and I am feeling a bit weak and terribly weary.

Well, I'm pretty nervous for the press conference tomorrow, though my best friend is coming with me to show support. I have such awesome friends, I am very lucky. I'll make sure and post any pictures I take and let you know my thoughts about it all tomorrow.

Today, I was sitting in the student union building and someone from the Idaho State Journal approached me and asked me if I had read "the letter." I hadn't and had no idea what he was talking about. So, he handed me a hard copy of this and I read it. Looks like there are still some issues between the ISU Administration and some of the faculty. Will the drama ever end?

This thursday at 11am in front of the statehouse in Boise, a press conference will be held. SNAP, the Survivors Network of those Abused by Priests, will be holding the press conference to speak about House Bill 125. I have been asked to attend and to speak. If you are in Boise, or close enough to make the drive, please come. You need not be a survivor of abuse, just someone who gives a damn.

You can email me with any questions, concerns, pieces of advice, or even hate mail, because it's been a while since I got some. I'll be making the drive from Pocatello and anyone is welcome to get a ride, though I'll be heading back to Pocatello soon after the press conference.

this. But I think I should keep my mouth shut. For those of you who know about my story, I'm sure you can surmise how excited I am and how much more vindicated I feel.

We've still got a ways to go, but in Idaho, this is huge.

UPDATE: Apparently one of the sponsors said on the floor that one of the bill's was a "prayer from the soul of a child" or something equally powerful. Any way I can read what was said on the floor in regards to either of the two bills passed yesterday?