In judging it, however, we need to consider the bill’s basic fairness. Any revision to civil statutes of limitations must be comprehensive, fair, and equally applied. This almost never happens. The data clearly show that the sexual abuse of minors is not a disproportionately Catholic problem. In fact, some of the worst adult sexual misconduct with minors occurs in public institutions, particularly public schools. But in most states, those schools enjoy some form of governmental immunity. In other words, it’s far easier to sue a private institution, such as a Catholic diocese, than it is to sue a public-school district. It’s also a lot more lucrative since, even if governmental immunity were waived, public schools and institutions usually enjoy the added protection of low caps on damages (in Colorado, $150,000). For exactly the same sexual abuse in a public school and a Catholic parish, the difference in financial exposure is millions of dollars.
This has a clearly prejudicial impact on Catholics. But it’s also bad law for everybody. Hofstra University’s Charol Shakeshaft, the leading expert on public school sexual misconduct, testified to the Colorado General Assembly earlier this year that nearly 7 percent of students nationally report “being sexually abused in a physical manner by an educator in public schools.” That means, according to Shakeshaft, that “of the approximately 45 million students attending public and private K-12 schools, more than 3 million will have been the target of physical sexual exploitation by an employee of the school by 11th grade.”
If the sexual abuse of minors is so grievous—and it most certainly is—why should its punishment be harsh for Catholic and other private institutions, but soft for public schools where it occurs more frequently? Ironically, most current state laws hold public schools and institutions less accountable—precisely because citizens pay taxes for them. That makes no sense.
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