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Seeking justice for childhood victims
Al Chesley stands up to admit he'd been sexually abused -- and to point out flaws in our laws
Wednesday, April 09, 2008

Al Chesley, a former standout linebacker at the University of Pittsburgh who went on to a notable professional career with the Philadelphia Eagles, broke through several barriers at once when he announced recently that he had been sexually abused as a teenager. At 50 years old and only after the death of his mother, he dramatically made the point that most survivors of childhood sex abuse need decades to come forward, at which time it can be too late to find justice.


Marci A. Hamilton , a resident of Washington Crossing, Pa., is the Paul R. Verkuil Chair in Public Law at Yeshiva University's Benjamin N. Cardozo School of Law and the author of "Justice Denied: What America Must Do to Protect Its Children."

The sad and alarming reality is that at least 20 percent of boys and 25 percent of girls are sexually abused. But far too many of these crimes go unreported -- only 10 percent of victims go to authorities -- and most offenders escape responsibility. Yet, when victims finally and courageously speak up, they are denied justice because arbitrary statutes of limitation prevent them from seeking legal recourse.

Mr. Chesley also broke through the stereotypes of just who can be victimized by abuse. He was, of course, a highly skilled and accomplished high school, collegiate and professional football player, widely considered the most macho of all sports figures, and not the meek, defenseless 90-pound weakling members of the public tend to conjure in their minds when thinking of vulnerable sex abuse victims.

The terribly unfortunate but typical dynamic for abusers is illustrated by his situation, as well: He was abused repeatedly as an adolescent, felt like the perpetrator "had some type of hold on me," and told nobody. At one point, he fell into a vortex of drugs and self-hating behavior. And his suffering was solitary, as he was unable to tell anyone until much later in life -- while at the same time, he had a life on the surface, a professional football career, during which he sent no signals that underneath it all, he was suffering.

Perhaps even more eye-opening is that Mr. Chesley's abuser was a trusted police officer who worked with his father. His announcement underscored the point that so many parents need to understand: Abusers are usually the "nice guys" or "gals" who seek and attain the family's and the victim's trust. Abusers diligently seek positions of trust -- in person and on the Web. Very few are Mr. Stranger Danger. The overwhelming majority of victims are abused by family members or family acquaintances.

In his announcement, Mr. Chesley also advocated for the Delaware Child Victims Act, which eliminated that state's statutes of limitation and created a "window" for survivors to seek justice. Every state, at one time or another, has had such arbitrary rules affecting survivors.

Pennsylvania is no different. Before 2002, victims of childhood sexual abuse had only until the age of 20 to file criminal or civil charges. That year, the state extended the age to 30. Four years later, it extended the age for criminal cases to 50 while the civil limit remained at age 30.

Unfortunately, there's also a catch in Pennsylvania -- a big one. These extensions do not apply to cases for which the statutes of limitation expired prior to when the bills were signed into law. That means far too many Pennsylvania survivors are still having the doors to court slammed in their faces as their perpetrators remain unidentified and free to continue their abuse on others.

There is a national grass roots movement that is opening the legal system to survivors at the expense of perpetrators. The movement is demanding the elimination of statutes of limitation for childhood sexual abuse and advocating "window" legislation. Such laws make it possible for survivors whose claims have arbitrarily expired to go into court and make civil claims for a set period of time against abusers and those who assisted in abuse.

In 2002, California passed a one-year window. The result was heartening, as more than 300 previously unnamed predators were publicly identified once their victims were no longer stymied by an artificial deadline. The Delaware law enacted last year went one step further by putting into effect a two-year window.

Here in Pennsylvania, there is a glimmer of such hope for victims. Rep. Lisa Bennington, D-Morningside, has introduced House Bill 1137, which would extend the civil statute of limitation for childhood sex abuse to age 50. There is a pending amendment that would open a two-year window for all past victims, as well, one that Mr. Chesley supports. Sadly, the bill remains stuck in the Judiciary Committee.

In response to those who criticize such laws because they provide monetary compensation to childhood sex-abuse survivors, Mr. Chesley points out that the main benefit of bringing lawsuits against abusers is to publicly identify them. Most victims do not have his kind of celebrity, which allows him to hold a press conference to alert other possible victims of the man who abused him, victims who might now come forward.

Mr. Chesley should be applauded for the public service of his simple, but brave and crucial, announcement. There is a crying need to allow victims such as him to get a shot at justice. It is shameful that most states, including Pennsylvania, have such short statutes of limitation on childhood sexual abuse that victims are foreclosed from justice while predators are protected.

California and Delaware are showing the rest of the country the more noble path to follow. Pennsylvania and other states must get in step. One can only hope that they will do right by all the Al Chesleys who live among us.

First published on April 9, 2008 at 12:00 am