Legislature(2007 - 2008)BELTZ 211
03/26/2007 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB112 | |
| SB84 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 84 | TELECONFERENCED | |
| *+ | SB 112 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 26, 2007
1:32 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Charlie Huggins, Vice Chair
Senator Bill Wielechowski
Senator Gene Therriault
Senator Lesil McGuire
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 112
"An Act relating to the statute of limitations for certain
sexual offenses and permitting causes of action for certain
sexual offenses that would otherwise be barred by the statute of
limitations to be brought during a certain one-year period."
HEARD AND HELD
SENATE BILL NO. 84
"An Act relating to the burning capability of cigarettes being
sold or offered for sale, or possessed for sale; relating to
compliance certifications by tobacco product manufacturers, a
directory of tobacco product manufacturers, the affixing of
stamps to cigarette packages, and cigarette tax stamps; and
providing for an effective date."
MOVED CSSB 84(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 112
SHORT TITLE: STATUTE OF LIMITATION FOR SEXUAL OFFENSES
SPONSOR(s): SENATOR(s) FRENCH
03/12/07 (S) READ THE FIRST TIME - REFERRALS
03/12/07 (S) JUD
03/26/07 (S) JUD AT 1:30 PM BELTZ 211
BILL: SB 84
SHORT TITLE: TESTING & PACKAGING OF CIGARETTES
SPONSOR(s): SENATOR(s) OLSON
02/14/07 (S) READ THE FIRST TIME - REFERRALS
02/14/07 (S) L&C, JUD, FIN
02/27/07 (S) L&C AT 1:30 PM BELTZ 211
02/27/07 (S) Heard & Held
02/27/07 (S) MINUTE(L&C)
03/06/07 (S) L&C AT 1:30 PM BELTZ 211
03/06/07 (S) Moved CSSB 84(L&C) Out of Committee
03/06/07 (S) MINUTE(L&C)
03/07/07 (S) L&C RPT CS 3DP 1NR 1AM NEW TITLE
03/07/07 (S) DP: ELLIS, DAVIS, STEVENS
03/07/07 (S) NR: HOFFMAN
03/07/07 (S) AM: BUNDE
03/21/07 (S) JUD AT 1:30 PM BELTZ 211
03/21/07 (S) Heard & Held
03/21/07 (S) MINUTE(JUD)
03/26/07 (S) JUD AT 1:30 PM BELTZ 211
WITNESS REGISTER
Dr. David Sperbeck, Clinical & Forensic Psychologist and
Pediatric Neuropsychologist
Anchorage, AK
POSITION STATEMENT: Spoke in support of SB 112
Name deleted from electronic minutes at request of testifier
POSITION STATEMENT: Spoke in support of SB 112
Sandra Russell
Kotzebue, AK
POSITION STATEMENT: Spoke in support of SB 112
Nelson Page, Attorney
Anchorage, AK
POSITION STATEMENT: Spoke in support of SB 112
Dr. Mary Gail Frawley-Odea, Psychologist
No address provided
POSITION STATEMENT: Spoke in support of SB 112
Joelle Casteix, Southwest Regional Director
Survivor's Network of those Abused by Priests (SNAP)
Orange County, CA
POSITION STATEMENT: Spoke in support of SB 112
Elsie Boudreau
St Mary's, AK
POSITION STATEMENT: Spoke in support of SB 112
James Niksik Sr.
St Michael, AK
POSITION STATEMENT: Spoke in support of SB 112
Edward Kelly
Yukon Delta, AK
POSITION STATEMENT: Spoke in support of SB 112
ACTION NARRATIVE
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:32:55 PM. Present at the call to
order were Senator Wielechowski, Senator Huggins, Senator
Therriault, and Chair French.
SB 112-STATUTE OF LIMITATION FOR SEXUAL OFFENSES
1:33:09 PM
CHAIR FRENCH announced the consideration of SB 112. Identifying
himself as the sponsor, he read the following into the record:
SB 112 creates a one year period in which civil action
may be brought against felony sexual assault and sex
abuse cases that are currently time barred by Alaska
statute of limitations laws.
Alaska law was amended in 2001 to remove the statute
of limitations for all felony sexual assault and sex
abuse cases. Unfortunately, with this change, one
class of victims remains left out; those who were
assaulted while the old statute of limitations was in
effect. SB 112 cures this injustice by allowing
victims with legitimate claims the opportunity to have
their day in court.
Experts have found there are several reasons that a
victim, especially a child, will not report sexual
abuse right away. Numerous studies have shown it can
take years for a victim to fully realize that they
were abused and to understand the effect the abuse has
had on their life.
Sex abuse and sex assault is illegal, regardless of
the reason it was not disclosed. SB 112 allows past
victims the same rights they would have under today's
law; the right to file suit against their perpetrators
no matter when the abuse occurred.
CHAIR FRENCH asked Dr. Sperbeck to shed light on the reasons for
the delay and the reasons many victims have difficulty speaking
out about their abuse.
1:34:51 PM
DR. DAVID SPERBECK, Clinical and Forensic Psychologist and
Pediatric Neuropsychologist, spoke in support of SB 112. The
hospital where he currently works admits several thousand
children a year and about 10 percent are sexual abuse victims.
He said from his perspective the cost of sexual abuse of
children is astronomical, in the personal arena and in terms of
the financial costs of treating these victims. Child sexual
abuse victims are at higher risk for drug abuse, pelvic pain,
anxiety and psychiatric disorders. They are more likely to
engage in risky behaviors, they have more medical diagnoses,
more depression, and post traumatic stress than other children.
Personally these victims are less involved in school, family,
community and their peers. SB 112 will provide these sex assault
victims the opportunity to pursue accountability from the
molesters, sexual assaulters and perpetrators rather than
shifting that cost onto the state. Opening the courthouse doors
to these victims is very important; it's been demonstrated that
holding these sexual perpetrators and the agencies that hire
them accountable is an important way of notifying a community
about who these people are. SB 112 levels the playing field and
permits this small group of victims some access to civil action.
Older crimes can and must be solved, and this form of remedy is
very important, he stated.
1:38:36 PM
CHAIR FRENCH said he is familiar with his work as the state
psychiatrist, and he would see him in court testifying in
opposition to people who would assert an insanity defense.
DR. SPERBECK explained that he was the state forensic
psychologist in all criminal matters including insanity
defenses. In 1984 the State of Alaska functionally abolished the
insanity defense and for the last 20 years a big part of his
practice has been going to court and explaining that the law no
longer applies in Alaska.
CHAIR FRENCH asked him to tell about his qualifications as a
pediatric neuropsychologist.
DR. SPERBECK said he examines children between 4 and 18 years of
age who have neurological or psychiatric disorders that warrant
hospital-level treatment. They are from all over the state. A
very predictable percentage of these children are sex abuse
victims. It is very difficult to impossible for children to talk
about this, especially at certain ages. They don't have a
language for discussing or conceptualizing sex abuse so they may
not talk about it for years, if ever. They may be subject to
community ostracism and rejection if they talk about having been
sexually abused by powerful persons in the community. "It's
something that they are psychologically incapable of discussing
at certain ages," he stated.
CHAIR FRENCH said it's difficult for people who aren't involved
in this field to understand why a child would not report an act
of sex assault or sex abuse.
DR. SPERBECK said it is difficult for adults to understand why a
child wouldn't act in his or her own best interest. But it's
very confusing for a young person to see an older person who
seems to love them and who has a great deal of power or
influence in their life as someone who is also abusing them.
They have difficulty expressing themselves and many predators
instill guilt and fear in the child. Those are emotions that
more mature adults may be able to deal with, but children often
aren't capable of handling those emotions. Often they don't have
a vocabulary to competently express what is going on. They may
act out their anxiety rather than speaking out. "Typically that
is the way it is expressed - in behavioral acting out." Sexual
abuse in our community must be stopped; it is dehumanizing and
it creates more sexual offenders. To psychologically control
their anger, some victims will visit the same abuse on another
person to prove that they can control what happened to them in
the past.
1:43:52 PM
Senator McGuire joined the meeting.
1:45:08 PM
[Name deleted from electronic minutes at request of testifier],
representing herself, said she was born and raised in a small
village on the Yukon River in the 1960s. She was the oldest girl
of nine children. "We had a full house." By the age of 12 she
had adult responsibilities and acted as a surrogate parent. Both
of her parents worked, she said. At about age 12 or 13 the
missionary living next door targeted her, but she was able to
fend him off "every time he tried to get physical. But it took a
toll." Referring to the question of why a child wouldn't say
anything, she said consider the social and economic status of
villages back in the 1960s. Children were not protected, and
"none of us felt that we had a safe haven for anyone to talk
to." The missionary was supposed to be the protector, but he was
the tormenter, and it really puts a child at a loss. She said
she left home to go to boarding school to be safe, and she still
carries the guilt about leaving her younger siblings vulnerable.
[Deleted name] said she didn't talk to anyone, but she feels she
is one of the lucky ones because she could fight him off, "but I
had to fight him for many, many years." It wasn't until she was
about 35 that she sought counseling because she had such
difficulty with communication and relationships. She remembers
she had difficulty saying good morning to anyone when she was a
teenager. When she was about 40, she knew that the missionary
had moved to Canada. She told an ex-teacher that he is probably
hurting other girls, but "they didn't want to believe me about
that." But the point is that she was about 40 years old before
she could speak to "someone who might have been able to do
something about it."
[Deleted name] said she supports the bill because she would like
an opportunity to get legal assistance for the people in her
village. She knows there are a lot of people who were abused,
but they're afraid to say something. If someone provided healing
workshops for the community, she thinks they would be attended.
The mission could provide the money. "There has been so much
trauma in the history of villages that we have to step out and
talk about what happened to us so that we can prevent it from
happening to other children." She said it is getting better and
people are beginning to be able to talk about it, but there is
still a lot of fear.
1:51:32 PM
SANDRA RUSSELL said she is a single mother who was born and
raised in Kotzebue. She is the middle child of 10 siblings and
she is now 48 years old. At age 11 she was raped by the chief of
police who was also a good friend of her parents. "Here is
supposed to be this person who is supposed to protect me and
uphold the law, and he was also a licensed foster parent for the
State of Alaska, and that is why I wanted to come forward and
tell what happened to me as a child." She said this person will
never be charged for the crimes against her. He later became a
pastor for the Kotzebue yearly meeting, which is also known as
the Kotzebue Friends Church. He was a pastor in other villages
and he was blue-ticketed from the village of Selawick. He had
raped other women in this region. She said she has gone through
her own personal hell, and it took 37 years before she was able
to say anything about this. It is mostly because there is so
much shame, and she has mixed emotions. She has attempted
suicide twice and still has suicidal thoughts. She has battled
with alcoholism, but she is now in social services helping other
families in need. She supports SB 112. She explained that there
are reasons why many victims have not come forward, and it has
to do with shame and guilt. "You feel dirty, and I think that's
why we never say anything, and we never did say anything." When
she found out her abuser was a foster parent, it "really pissed
me off because I know that he could be molesting other children
also."
1:55:54 PM
NELSON PAGE, speaking on his own behalf, said he is an attorney
who has worked with sexual abuse cases and he supports SB 112.
The previous speaker summarized what he has experienced in his
law practice. On many occasions he has spoken with people who
have been abused as children, and it takes years for them to be
able to come forward. Sometimes it takes decades to process what
occurred. SB 112 is intended to fill the gap in the statute of
limitations. The gap is unconscionable, he said. He described
picking a jury in a small community for a sexual abuse case of a
minor. He had to go through 30 panelists before finding a jury
that had no personal experience with sexual abuse or had no
close relative with that experience. It is a pervasive problem
that needs to be dealt with. "When people are finally able to
come forward and deal with it and try to get some kind of legal
redress, there shouldn't be these kinds of statute of
limitations obstacles."
1:58:11 PM
DR. MARY GAIL FRAWLEY-ODEA, Psychologist, said she has worked
clinically with sexual abuse survivors for over 25 years. She
has also taught and written widely about it. She was the only
psychiatrist invited to address the Conference of Catholic
Bishops at their seminal meeting in 2002, which was devoted to
sexual abuse. She wants to speak to why victims don't disclose
the abuse early in life and what factors encourage them to come
forward with it at some point. Almost one third of all women and
up to one fifth of all men were sexually abused before the age
of 18. Most were perpetrated by family, acquaintances, or
friends. Most victims experience serious abuse of unclothed
genital contact, like fondling or masturbation. Almost one
quarter of victims experience anal or vaginal penetration or
oral sex. The long-term impacts of this abuse are psychological
deficits and brain function disruption that can be long lasting.
Cognition, self esteem, the ability to form healthy
relationships, and parenting are often significantly harmed by
sexual abuse. Over 80 percent of female prostitutes and male
hustlers have histories of sexual abuse. Sexually abused
survivors are two to three times more likely to make at least
one serious suicide attempt. Sometimes they die, she said. An
archbishop in Baltimore equated sexual abuse with murder and
called it evil above all else. "Surely it is soul murder," she
stated.
DR. FRAWLEY-ODEA said secrecy is the cornerstone of sexual
abuse, and perpetrators may directly threaten victims to keep
them from telling. A person's abusive foster mother said, "If
you tell even one person that you have sex with me, I will tell
your younger brother that you raped me; I will get rid of you,
and he will become my lover." This victim felt he was his
brother's protector and he would never put him in jeopardy. The
foster mother's threat assured secrecy, she stated. Victims may
be afraid that no one will believe them if they tell. Denial is
the most common first reaction, which can be adaptive to victims
instead of risking rejection or scorn. Victims often care for
their abusers, she said. The victim protects the perpetrator
while hoping the abuser will heal and stop the abuse. The abuser
may provide for the child in meaningful ways that makes
disclosure seem disloyal. An abusive teacher may also be the
only adult from whom the child receives time, interest, and
affection. Perpetrators are adept at choosing victims who are
needy. Some provide concrete bribes, like money and vacations,
which may make the child feel dirty and complicit in the abuse.
One survivor was abused by a priest who took him to hockey
games. This man told no one about his abuse until he read that
the priest denied allegations from others. Some survivors don't
disclose because they feel responsible for their abuse. They are
filled with self-loathing, guilt and shame. Disclosure is
delayed because the victims' literally turn their minds away
from the abuse. Only later do they realize that something is
wrong - perhaps when their lives seem less functional than their
peers. When the abuser is affiliated with a religious
denomination, government agency, or school the victim may fear
that the institution will retaliate or threaten to retaliate
against family members.
Sexual abuse victims who finally tell their secrets do so for a
number of reasons. Their lives may be sufficiently unworkable
that they seek therapy or counseling. It may take awhile before
their problems are linked with the sexual abuse they suffered.
It may be even longer before they contemplate telling family or
friends what happened. It's a difficult decision to identify a
family or community members as a sexual abuser. People often
respond by supporting the perpetrator, she stated. When two
families went to court in Phoenix over a priest molesting their
daughters, they had their tires slashed and they received death
threats. Understandably, survivors hesitate to disclose their
abuse widely when they face scorn and ridicule and there is no
hope of bringing accountability to the perpetrator. SB 112 give
survivors motivation to take the risk.
The desire survivors have to protect others and provide support
for other victims of their abuser can not be underestimated. One
survivor confronted her parents about the abuse her father
perpetrated only when her father was designated as a child care
resource for her brother's baby. The victim of priest abuse
mentioned previously came forward only to support other victims
who had spoken out. SB 112 allows survivors to hold their
perpetrators accountable and is crucial in empowering survivors
to use their voices to help others by publicly identifying
sexual predators.
DR. FRAWLEY-ODEA said that representatives from various
organizations will oppose SB 112, but it's important to remember
that less than half of all abusers perpetrate through their
association with a school, church, daycare or social
organization. This bill is for every sexual abuse survivor. If
this bill passes she hopes that legislators will remind the
media and the public that the victims of parents, grandparents,
siblings, neighbors, and friends of the family now have an
opportunity to validate others by identifying their sexual
abuser. Organizations that have responded adequately to sexual
abusers have no reason to speak against the bill; they should
support it given its potential to help heal survivors while
protecting potential victims, she stated.
2:07:09 PM
SENATOR McGUIRE asked how many other states have adopted similar
legislation. There is no statute of limitations for murder, and
when Dr. Frawley-Odea called sexual abuse a soul-murder, "that's
exactly what I think it is." It's logical that there are many
barriers for why a sexual abuse survivor may not speak up in a
certain time period.
DR. FRAWLEY-ODEA said she knows California had a one-year
window, and Maine may be considering it now.
CHAIR FRENCH said he understands that California passed a
similar bill in 2000, and Wisconsin, Washington D.C., Delaware,
Maine, Pennsylvania, Ohio, Illinois, and Idaho are all working
on similar legislation.
SENATOR HUGGINS asked if she makes any punishment corollaries
with murder since she correlates this crime to murder.
DR. FRAWLEY-ODEA said it is horrifying when these perpetrators
get caught, which only a small minority are, but they typically
get very light sentences. They should have long sentences
because they have extremely high recidivism rates, and often
they cannot be cured or stopped. They usually don't have
remorse, and when they are allowed out in the public, they will
re-offend. The advantage of this bill is that they will be
identified, so even if they are not prosecuted, people can know
their names. Some work in daycare centers, she warned.
2:09:57 PM
CHAIR FRENCH clarified that criminal statutes were modified to
remove the statute of limitations going forward for criminal
prosecutions of sex abuse of a minor. You can't do that
retrospectively, you can't go back and change the statute of
limitations for a crime in the past. It's an expos facto
problem. It can probably be done for a statute dealing with
suing for money, but there will be a constitutional challenge.
"I believe it will survive that challenge," he said. But it is
not about putting someone in jail.
SENATOR HUGGINS said some states are retaining people in custody
after their release date because of recidivism.
2:11:17 PM
DR. FRAWLEY-ODEA said it is crucial to have some way to track
these people once they are released from prison - if they even
go to prison. For the most part these people will do it again,
she stated.
SENATOR HUGGINS asked about lie detector tests.
DR. FRAWLEY-ODEA said there was an interesting study in Oregon
where people participated in a polygraph interview, subsequent
to a clinical interview. Under the clinical interview,
perpetrators acknowledge having one to two victims each, and
under polygraph that number went up to eleven, on average. Under
the clinical interview they admitted to abusing girls, but under
the polygraph almost all admitted to abusing boys as well. Under
clinical interview, 65 percent said they were abused as
children, which is the clinical mores, but under the other
interview it went down to about 30 percent. She interprets this
as perpetrators being skilled in getting sympathy. They know
they will get a better deal if they are viewed as victims. The
clinical percentage may be too high, she concluded.
2:14:27 PM
JOELLE CASTEIX, Southwest Regional Director, Survivor's Network
of those Abused by Priests (SNAP), said she is an accidental
pioneer and an example of why SB 112 and its civil window are
essential to the safety of children in Alaska. The California
window has saved thousands of children from abuse; exposed
predators across the state, many of whom are still abusing;
helped law enforcement put predators behind bars; and helped
hundreds of children who were abused and discarded before being
given their day in court. A civil window is the only way that
many serial molesters in Alaska can be exposed, and how Alaska
children can be safer right now. The U.S. federal court in San
Diego did find the law constitutional.
MS. CASTIEX said because she was able to sue the diocese and the
abuser with that civil window, she was able to expose Dr. Thomas
Hodgman and to get documents proving he was a molester. Those
documents were hidden from her for 17 years while she was told
that the abuse never took place. She was able to take the
documents and alert the community that it was harboring a
molester and a criminal - a criminal that was given a free pass
by the Catholic Church. Without the legal system, she would
never have been able to expose him or keep other girls from
experiencing the same situation.
MS. CASTIEX spoke of two of the worst pedophiles in California,
former priests Michael Baker and Michael Wempe. Father Roger
Mahony fought all the way to the U.S. Supreme Court to keep
their personnel files secret even after he acknowledged that he
know Baker was abusing kids. Because of the civil window,
victims of both of these men were able to pursue their cases.
Then younger victims who would have never had the courage to
come forward, reported their current abuse to law enforcement.
They had solid evidence that led to the arrest of both men. They
are now behind bars and that would never have happened without
the civil window, she stated. If the victims had named them
publicly without the backing of the courts, the abusers could
have sued for slander. The media would have ignored the claims
and more kids could have suffered. They are only two of the many
perpetrators exposed in the civil window who are now being
pursued by law enforcement. For the first time victims could use
the legal system to make sure that what happened to them
wouldn't happen to another child.
MS. CASTIEX said she was a vulnerable child from an alcoholic
home. Her high school and church were her sanctuaries, but 11
men at the school were credibly accused and/or sued for abuse.
Documents were released for all of them as a result of this
civil window. She learned that the abuse was 100 times worse
than anyone had known, and the victims were vindicated and able
to warn others. She said she was molested over a two-year period
by choir director Thomas Hodgman, starting when she was 15. He
threatened to kill her if she told, and that no one would
believe her anyway. She went to school officials and they did
nothing. She became pregnant and had an abortion that still
affects her everyday. She also has vaginal warts.
MS. CASTIEX suffered for the next ten years and watched her
mother kill herself with alcohol over the pain and shame of what
happened to her daughter. She said she lost all high school
friends and trusted no one. She suffered from bad relationships
and suicidal thoughts. She hated herself, but finally decided to
heal to spite the people who had hurt and abandoned her. In 2001
she contacted the diocese to volunteer to help it address the
sexual abuse crisis. She was offered a seat on the diocese lay-
review board to show the county that there was no other abuse.
She honestly thought she could make a difference. But the six
months she was on the committee it did not review a single case
and it was told to ignore press reports. There were no notes
taken during the meeting. "We were a puppet with no power, no
credibility, and no means to protect children, and that was how
the diocese wanted it." She stepped down from the committee and
filed a lawsuit during the one-year civil window.
MS. CASTIEX said after two years of mediation and stalling, 87
cases against the diocese were settled for $100 million, which
was just a slap on the wrist. The diocese was debt free less
than a year later. In May 2005, most of the documents regarding
the civil cases were released to the public and the furor was
overwhelming. It showed the church knew about abuse and the
official didn't care. People were transferred, asked to resign
and quietly hidden. "An entire generation of children was
destroyed to protect a few men from scandal." She said no one
can call her a liar anymore, and no one can tell her it was her
fault. Girls will now be safer from Thomas Hodgman because of a
law like SB 112.
MS. CASTIEX said the documents were not exposed until the
lawsuit, and she knows that similar documents exist in Alaska.
She spoke of all the signed documents in her case. Only the
truth will protect children. The church in Alaska, with its
opposition to this bill, probably doesn't care enough. But SB
112 does care. People were able to expose 150 perpetrators that
the church had tried to hide and rings of priest shuffling
between California, Idaho, Arizona, Alaska, and Oregon were also
exposed. Now there are numerous perpetrators under criminal
investigation. In conclusion, SB 112 is important because it
allows survivors of sexual abuse to use the tried-and-true legal
system to help keep children of today safe from abuse. It aids
law enforcement to prosecute molesters by unearthing hidden
evidence at no cost to the taxpayer. It forces all organizations
to beef up child protection policies.
2:25:58 PM
SENATOR McGUIRE thanked her said she is very proud of her.
2:26:50 PM
ELSIE BOUDREAU said her Yupik name is Apugen; she is the
youngest daughter of the late Edgar and Theresa Francis of St
Mary's, the granddaughter of the late Alfred and Florence
Francis of Pilot Station, and the late George and Martha Apengen
Peterson of Old Andreafsky. She thanked Chair French for
introducing SB 112 not only as a survivor of childhood sexual
abuse, but also as an advocate for those have not yet come
forward. She is advocating for those who are unable to speak
about the crime that was committed against them when they were
children. This is "a meager attempt to make a difference in the
life of even just one child."
MS. BOUDREAU said she was 10 years old when she boarded a plane
to Nome to spend the summer with her oldest sister. All I knew
before that day was my friends, my family and life in the
village so Nome was a big city. She said her abuser was a
priest, a family friend, and a father figure who she had every
reason to trust. His name was Father Poole, or Jim as her sister
and brother-in-law called him.
She can remember the fist time she was sexually abused, but at
the time she didn't know what it was called. She and a couple of
friends were called into Father Poole's office. "He lined us up
against the wall and started asking us questions." He told me I
was much more mature than the other girls and that's when it
started. I sat on his lap and he would French kiss me. He would
tell me that he was my brother, father, friend and lover. She
has since had memories of more detailed incidents and she knows
that it was too painful to remain in her body. "I was raped by
this priest, this man of God."
She was plagued by this priest every summer until she was 19 at
which time she wrote him a letter stating that she never wanted
to be alone with him again. That is when my healing began, she
stated. She put it all behind her not knowing that she had the
right to file a suit against the priest or the Church and
without knowing that the statute of limitations clock was
ticking. But when her daughter turned 10 she could no longer
shield the truth from her consciousness. Many victims do not
come forward until they are in their 30s, 40s or 50s.
SB 112 takes into account the nature of sexual abuse and would
allow for victims to have their day in court. "I would recognize
the power imbalance between child victims and the adult
perpetrators and those institutions that enable such crimes to
continue." When she filed her civil suit she found out that the
Church hierarchy knew that Father Poole "had problems with young
girls." Instead of addressing the problem, the Church moved him
around to further abuse. He was removed from ministering only
after she filed suit, but that was too late for the five girls--
now women--who have since come forward after years of silence.
MS. BOUDREAU showed pictures of other girls who were sexually
abused and impregnated by Father Poole. The girl who became
pregnant was told to blame it on her father and she did that. He
served time in jail. "This is not okay," she stated. Alaska has
the highest rate of child sexual abuse in the nation and that
has been the reality for far too long. Too many children have
had their childhood stolen by an adult perpetrator.
SB 112 is about deterring future wrong doing. It's about
protecting our children and grandchildren. If such a law had
been in place when she was 10, maybe one of Father Poole's
earlier victims would have come forward and she wouldn't have
had to endure the sex abuse. Maybe she wouldn't have suffered
from depression, maybe she wouldn't have had relationship
issues, and maybe she wouldn't have had to deal with feelings of
shame, guilt, fear, terror, and inferiority. Now she works as a
victim advocate and she has spoken to close to 100 child sex
abuse victims in Alaska. Many wonder what their life would have
been like if they hadn't been sexually abused. Many just wish
that the pain would go away, like they have a death wish. Many
have taken action and are no longer with us; they are no longer
able to speak the truth, she said. Most of the victims she has
spoken with say they came forward so no one else has to go
through what they did.
She commended Chair French for creating an incentive that
enables victims to publicly expose predators, to expose
institutions that enable predators, that enforces accountability
and an incentive that enforces and encourages abuse prevention.
2:37:03 PM
JAMES NIKSIK SR. from the village of St Michael said he was
sexually abused by a deacon. Once he tried to tell his father
and he was whipped. He was told he was "lying about a person
that works for God" because they don't do that. That's why I
wouldn't say anything to anybody, he said. It's difficult to
talk about this because it hurts a lot, but the reason he wants
to speak in support of SB 112 is to deter future abuses such as
his. It will also bring justice to what happened to him and to
others in the past.
MR. NIKSIK SR. said he's heard before that if you get the
village elders to follow you, then everyone else will follow
behind. "Native people are spiritual." They are easily converted
to religion. He was an alter boy in the Catholic Church and his
abuse happened in the church during catechism. When the deacon
wanted to have sex with you he would use his finger and scratch
your palm during the handshake for peace. "Nobody could see
that," he said.
He wondered why he had a deep rage that came out when he drank;
he would lash out and hurt someone--last time it was my wife. He
has had no formal counseling, but the abuse affected him
greatly. It hurt inside. He abuses alcohol to hide the pain and
the shame and that has caused him to cycle in and out of jail.
Then I saw Ken Russa's ad in the Nome Nugget, he stated. When he
told Mr. Russa about his abuse by a deacon it felt as though
something was lifted and he began to understand why he felt this
rage. "It was because I couldn't do anything. I was a small boy
and he was a big man."
My parents were devout Catholics, who never drank any alcohol so
he thought he'd be like them, but because of what happened he
abuses alcohol and other drugs. He has tried to forgive the
Church for bringing that deacon to his village, but thus far he
hasn't been successful in forgiving. What happened to him as a
child changed his life. "It made me a different person and
sometimes I wish I could be a totally different person than what
I am today." He tried to be strong and not cry, but being strong
isn't the answer. Letting the hurt out is the answer and he
hopes that SB 112 passes so that justice can be done for himself
and the many others who have been abused. Many of the others who
this deacon abused are like me; they are still hurting, he
stated.
2:45:26 PM
EDWARD KELLY said he supports SB 112. He was abused and his
mother told him to say nothing bad about a priest. "I know now
that not all priests are good people." But it wasn't until he
was 29 years old that he found that self medication with alcohol
was not working. He read that the Yukon Delta has the highest
rate of sexual abuse and as the father of six kids he questions
what is being done to protect our children. He doesn't want his
children to resort to alcohol, but what happened to him could
happen to them. He said he heard a lot of truth in the previous
testimonies and he doesn't want anybody to try to adjust their
life to something they couldn't know better from. He said he had
to come face to face with some things, but even at the age of 29
he couldn't deal with sexual abuse. SB 112 is important for our
children's safety and our children's children's safety; it can
contribute to that. "Their lives are important," he emphasized.
2:49:53 PM
CHAIR FRENCH advised that he agreed to hold SB 112 so that both
sides have an opportunity to testify before it leaves the
committee.
SENATOR THERRIAULT noted the fiscal note from the Department of
Law and asked if the committee staff would inquire about a
fiscal note from the court system.
SENATOR McGUIRE thanked the testifiers who came forward to tell
their stories of victimization for the benefit of others. They
have just revealed the deepest part of their lives. It is very
brave and it did not go unnoticed, she stated.
SB 84-TESTING & PACKAGING OF CIGARETTES
2:51:23 PM
CHAIR FRENCH announced the consideration of SB 84.
SENATOR McGUIRE motioned to adopt Version O committee substitute
for SB 84, labeled 25-LS0596\O, as the working document.
CHAIR FRENCH articulated the reason the bill was held over was
to look into the explicit references to New York law. One such
example is on page 6, line 4. He and several other members
researched that point and although he has some qualms, it is
apparent that New York is becoming the de facto leader in this
subject. It's a sort of bargain that states are making with the
tobacco industry to have one nationwide standard in the absence
of federal action. His initial concerns have been reduced, he
said.
2:52:51 PM
SENATOR McGUIRE motioned to report CSSB 84(JUD) from committee
with individual recommendations and attached fiscal note(s).
2:53:04 PM
SENATOR WIELECHOWSKI stated that subsequent to his expression of
concern about using New York statutes, he received some very
helpful information. Currently eight other states explicitly
reference the New York fire-safety standards for cigarettes,
which gives him a degree of comfort. He weighed the interest in
protecting the way Alaska laws are crafted against the interest
industry has in having a consistent standard and he has no
objection to passing the bill along.
CHAIR FRENCH announced that without objection, CSSB 84(JUD)
moves from committee.
There being no further business to come before the committee,
Chair French adjourned the meeting at 2:53:54 PM.
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