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The Supreme Court Maine hits the right, which allows lawsuits for decades for sexual use

The Supreme Court in Maine ruled on Tuesday against the Act that the limitation of civil restrictions removed with retrograde power Lawsuit for sexual abuse of childrenCompletion of a busy chapter in Long -term legal battle.

The ruling occurred after dozens of people filed civil lawsuits against the Roman Catholic bishop from Portland, claiming that they were sexually attacked as children by the clergy with allegations dating back to the 1950s. Some alleged victims were able to sue after state legislators Law was adopted in 2021. which with retrograde power limitation, which determines how much time I can sleep after a crime before a person is allowed to file a lawsuit.

The diocese questioned the lawsuits, calling the unconstitutional law in 2021. On Tuesday, the Supreme Court of Maine agreed.

Advocate Michael Bigos, who said that he represents about 100 victims affected by a ruling, told USA Today that he is disappointed with a court decision.

“Of course, there are no restrictions in permanent pain caused by childhood sexual abuse,” said bigos. “Those who survived deserve responsibility from those that enabled the sexual abuse of children and received long -late justice.”

Reverend James Ruggieri, who acts as the bishop of the Roman Catholic diocese in Portland, said in a statement after the ruling that the diocese would continue to dedicate resources for examining claims for abuse – regardless of when this happened – when it happened – and provide advice and support for support for service for people, which survived.

“The recording of some clergy in this era is a deeply painful time, which still has the effects that we all experience,” said Ruggieri. “The degree of uncertainty still remains, and in the coming days, weeks and months, in consultation with the diocese, parish and secular advisers, with prayer, the path to the diocese for the diocese. I hope that this decision will allow us to allow us to allow us such a diocese, to undertake to strengthen the basic mission of the Church in Maine with even greater humility and devotion. “

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The ruling decade blocks on the sexual abuse of children

In long Opinion issued This week, the Tribunal confirmed the long -term consequences of the sexual abuse of children, but stated that the statute in question 2021 was outside the legislative authority of the state.

In 2000, Maine stores a law that eliminated time restrictions on court matters of sexual assault civilian children, except claims that have already expired under the previous law. About two decades later, the state legislator adopted a law that said that people could submit lawsuits even for claims that expired before the 2000 Act. This week the Supreme Court was an amendment in 2021.

“There is no doubt that as a society we have gained a new understanding of the effect of trauma and delays, which this may cause in the victim’s ability to achieve the cause of action,” the court wrote.

The judges argued that although the new framework “provides support” in order to eliminate the time limits of claims regarding sexual abuse, the state legislator did not have the right to retroactive permission for lawsuits, if they impede someone’s rights. After the time limit, the defendant has “the right to freedom from this claim” – the law violating the law 2021, the court determined.

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Wayne Douglas and Rick Lawrence Judges did not agree. They developed studies that showed that the serious trauma of children’s sexual assault was distinguished from other types of abuse and can take decades.

Two judges said that Law 2021 was a “reasonable legislative reaction in accordance with the appropriate process that eliminates the procedural belt”, which previously prevented the alleged victims of applying for relief in court.

Before the Act on the limitations of claims regarding the sexual abuse of civil children were eliminated on August 11, 2000, the time limit in such cases was 12 years, and the clock began to tick after the alleged victim became adult, regardless of when abuse, bigos said .

Since the removal of time limits is no longer used with retrospective power, he noticed that the decision of the State Supreme Court established the cut -off of such claims. Bigos told the USA Today that he expects the Tribunal’s decision to actually block people born before August 11, 1970 before making claims regarding the sexual abuse of children in Maine.

After cutting off in 1970, bigos said that people would be able to file a civil lawsuit in Maine for sexual abuse of children without time restrictions, but noticed that the court’s decision could affect hundreds of people.

In cases affected by the ruling this week, bigos said that he would hurry in the “decades of covering up” the Church. He claims that the cases of abuse reach in 1954, adding that a lot of cases show the diocese “she knew about raging sexual abuse by their priests, nuns and teachers for decades and decided to protect these known predators instead of children in children. “

This article was originally released in the USA Today: The Supreme Court Maine claims that the Act on sexual abuse of children in 2021 is unconstitutional

Gerres