Joint Statement from Agudath Israel and Torah Umesorah Regarding Statutes of Limitations For Civil Claims
The Moetzes Gedolai HaTorah of Agudath Israel of America (Published at VosIzNeias.com)
April 21, 2009
Agudath Israel of America and Torah Umesorah – The National Society for Hebrew Day Schools, upon consultation with their respective rabbinic leaderships, respectfully submit this statement regarding legislative proposals to amend existing statutes of limitations for civil claims, including claims against schools and other communal institutions, based on allegations of child sexual abuse. We do so only after much serious thought, after weighing all relevant arguments and for the sole purpose of protecting the most fundamental interests of our community.
Agudath Israel and Torah Umesorah fully acknowledge the horror of child sexual abuse and the devastating long-term scars it all too often creates. Our rabbinic and lay leaderships are acutely aware of the emotional trauma and damage caused by the perpetrators of such abuse. Our hearts go out to their victims, and we share in their pain. We realize that for too long many victims have suffered alone. We are committed as a community to do whatever we can to root out perpetrators of child abuse from our schools and other communal institutions, and to help victims on the road to healing and recovery.
Indeed, in recent years, as awareness has increased and sensitivity has been heightened regarding the incidence of sexual abuse and its severity, both in the broader society around us and in our community specifically, Agudath Israel and Torah Umesorah have taken a number of concrete steps to help ensure that Jewish schools, extra-curricular youth programs and summer camps implement policies and procedures designed to protect children against such abuse. Our organizations have also supported legislative efforts to furnish such protection, including the recently enacted legislation in New York authorizing nonpublic schools to screen all prospective employees through the state's fingerprint checking system.
With respect to the proposed amendments to existing statutes of limitations, Agudath Israel and Torah Umesorah fully understand that the trauma of abuse is often so great that young adults may not be emotionally prepared to file claims against their abusers within the traditional limitations period. Strict adherence to the existing statutes of limitations could thus operate to preclude certain legitimate claims and protect perpetrators of abuse. Our organizations would therefore have no objection to legislation designed to give victims of abuse greater recourse against perpetrators. Nor would we object to extending statutes of limitations for criminal proceedings against perpetrators.
What Agudath Israel and Torah Umesorah must object to, however, is legislation that could literally destroy schools, houses of worship that sponsor youth programs, summer camps and other institutions that are the very lifeblood of our community.
To take perhaps the most problematic example of such legislation, bills have been introduced in New York and other states that would create a one year window during which any civil claim based upon child sexual abuse could be brought, even against schools and other communal institutions, regardless of how long ago the incident is alleged to have taken place. One could envision a scenario in which a senior citizen might choose to bring a claim against a school for an incident that allegedly occurred over half-a-century ago when the claimant was a child. The fact that the alleged perpetrator may have passed on, or that the administration of the school may have changed several times since the alleged abuse, or that the school no longer has any records or insurance policies dating back to the time the abuse allegedly occurred, or even any records of the individual ever having attended the school, would be of no moment whatsoever under the proposed bill. The current school administration, entirely ignorant of what may or may not have occurred so many years ago, would be forced to defend the school in a court of law, incur the high expenses of legal fees and diversion of human resources, and face potentially crippling financial liability.
It is important to recognize that Jewish schools are independent entities supported wholly by parental tuition and fundraising. Therefore, the burden of litigation expense or legal liability for ancient claims would fall squarely on an entirely innocent group – the current parent body. Needless to say, in today's perilous financial climate, as many parents are unable to meet even their basic tuition obligations and schools struggle to remain fiscally viable, this burden would be extremely difficult to bear, and could ultimately lead to school closures.
Stated simply, legislation that would do away with the statute of limitations completely, even if only for a one-year period, could subject schools and other vital institutions to ancient claims and capricious litigation, and place their very existence in severe jeopardy. Agudath Israel and Torah Umesorah most vigorously oppose any such legislation.
We must continue to seek out ways to protect our precious children and help eradicate molestation and other forms of abuse. We must also redouble our efforts to help those who have suffered the horrors of child abuse obtain the healing they so desperately need. However, we dare not bring down our most vital communal institutions in the process.