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STOP THE CLOCK
Statute of limitations protects abusive priests
BY KRISTEN LOMBARDI

Last Friday, another chapter in the sordid clergy sexual-abuse scandal roiling the Archdiocese of Boston closed when a Haverhill priest was convicted of sexually abusing a teenage girl in repeated attacks throughout 2000. A Lawrence Superior Court jury found Father Kelvin Iguabita, 34, of the All Saints Catholic Church, guilty of four counts of child rape, indecent assault, and " unnatural acts with a child. " Now, Iguabita could find himself behind bars for the rest of his life.

Iguabita’s conviction is certainly welcome news. When it comes to the staggering number of deviant priests exposed in the clergy sex-abuse scandal thus far, however, his case seems more the exception than the rule. Compare his fate to that of a former Boston priest featured earlier this month by Boston Globe columnist Steve Bailey. On June 4, Bailey wrote about Robert Morrissette, a Boston Harbor Hotel concierge recently featured in a local magazine. It was only last December, Bailey noted, that Morrissette’s name had surfaced in the pages of the city’s dailies in another context — as a rogue clergyman accused of molestation. Church documents released at the time detailed allegations dating back to 1984 that Morrissette had fondled three teenage boys. Though Morrissette has long denied the charges, an archdiocesan review board kicked him out of the ministry and ordered him into counseling in 1993.

Morrissette’s circumstances illustrate the ugly truth about the clergy sex-abuse scandal: most accused priests manage to elude punishment and blend back into society. That, at least, is what crossed Boston attorney Carmen Durso’s mind as he read Bailey’s column. Durso, who handles sex-abuse lawsuits, recalls, " I thought, ‘Here’s another example of why we need the criminal statute of limitations revoked.’ "

Coincidentally, Durso, who represents 40 victims allegedly abused by some 20 Boston clergymen, has drafted a bill that would do just that. House Bill 1895, as it’s known, would repeal the criminal statute of limitations for rape and other sex offenses, including incest, molestation, and child assault. As it stands, the statute of limitations to prosecute child rape is 15 years, with the clock ticking once a victim reports the crime to authorities or turns 16.

Under such time limits, a person who’d been assaulted as a child must come forward to report the abuse before he or she hits 31, which Durso calls " a big problem. " More often than not, children cannot face the trauma and shame that comes with sexual abuse until later in life. Most of Durso’s clients, for instance, were well into their 30s and 40s when they approached him. By then, though, the statute of limitations has expired. And so, many accused priests have yet to face prosecution — and probably never will. Says Durso, " People who commit these crimes should not to be able to escape punishment. "

Indeed, Iguabita is one of just two abusive priests to face any criminal charges in Essex County; on January 1, Reverend Ronald Paquin pled guilty to three counts of child rape and was sentenced to 12 to 15 years in prison. In Boston, the very epicenter of the sex-abuse scandal, only three have been indicted: John Geoghan, one of Boston’s most notorious priests and a convicted pedophile; Brother Fidelis DeBerardinis, who allegedly assaulted four East Boston altar boys; and Reverend James Talbot, who’s accused of molesting three Boston College High School students. The short list, says David Procopio, of the Suffolk County District Attorney’s Office, stems from the constraints of the statute of limitations. " We’ve had [priest-abuse] cases where we had a victim willing to participate in prosecution and sufficient evidence, " he explains. " Yet the only thing that held us back was the statute of limitations. " (To address this, his boss, Suffolk DA Dan Conley, has filed House Bill 1247, which would repeal the statute only for rape, attempted rape, child rape, and attempted child rape.)

Currently, the effort to eliminate the statute of limitations for all sex crimes is pending before the legislature’s Joint Committee on the Judiciary. On April 10, the committee held a hearing on House Bill 1895, which attracted broad backing from clergy-abuse victims, their advocates, and mental-health professionals. Even Jeff Bradley, a local therapist who serves on the archdiocesan review board, spoke in favor of the bill. Not one organization or individual testified against it.

Combine this positive feedback with support from key legislative leaders, such as House Ways and Means Committee chair John Rogers, and the future looks bright for the pending measure. After months of relentless revelations about child molestation at the hands of Catholic clergy, it’s hard to imagine that the Judiciary Committee would go against the current momentum. As Durso concludes, " This is the year when this type of bill can and should pass. "

Issue Date: June 27 - July 3, 2003
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