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Georgia Legislation to Help Child Sexual Abuse Survivors Sue Dies

 Child sexual abuse: Blonde woman in glasses, light blue dress speaks at podium with microphones from TV networks; side view of woman on her left with brown hair, white jacket, multicolored shirt.

Photos by Stell Simonton

Attorney Esther Panitch, who represents a sexual abuse survivor in the case of Lawson v. Boy Scouts of America, spoke at the press conference.

ATLANTA — Efforts to hold organizations accountable for child sexual abuse were killed in Georgia on the last day of the state legislative session.

The Hidden Predator Act, which had been unanimously passed by the state House of Representatives in February, was gutted by the state Senate, according to lawmakers and attorneys for sexual abuse survivors.

The Senate required an increased burden of proof from victims seeking to hold an organization accountable for covering up abuse, said Rep. Jason Spenser, the main sponsor of the House bill, in an email.

“This strict burden of proof is unheard of in any legislation that is similar to this in other states,” he said. “It just makes it harder for victims and more predator friendly.”

Forty-six states now have laws allowing victims to sue entities such as youth organizations, churches and others, said attorney Darren Penn at a press conference about the bill on Thursday. Penn has represented survivors in cases against the Boy Scouts of America, the Darlington School in Rome, Georgia, and other organizations.

Barbara Hartman, president of Chattahoochee Republican Women, was one of those who was outraged at the weakened bill.

“I’m tired of the sexual abuse of children and entities not being held responsible,” she said. She blamed legislators who are well paid by lobbyists.

Republican Sen. Greg Kirk, a licensed therapist, is shepherding the weakened bill through the Senate. He said the rights of organizations need to be balanced with the rights of sexual abuse survivors.

Child sexual abuse: Man in light jacket with gray hair, mustache, beard speaks at podium with woman, 2 men behind him on right.

Republican Sen. Greg Kirk, a licensed therapist, was shepherding the weakened bill through the Senate. He had said the rights of organizations need to be balanced with the rights of sexual abuse survivors.

Criticism centered around Republican Sen. John Kennedy, the Senate majority caucus chairman.

Kennedy sits on the Central Boy Scout Leadership Council and his law partner serves as the enterprise risk management chairman for the Executive Board of the Central Georgia Council of the Boy Scouts of America, said Esther Panitch, attorney in a suit against the Boy Scouts of America.

Kennedy said in a statement he has reviewed Senate rules regarding conflicts of interest and “there was and is no conflict of interest while I served on the Judiciary Committee during the vote on HB 605. I volunteer for the Boy Scout Organization in middle Georgia but do not serve as a paid advisory member and have never served in that capacity. I am not aware of any claims against the Boy Scout Organization where I volunteer. While at my current firm, we have not represented any Boy Scout Organizations in cases dealing with what would be addressed in HB 605.”

Spencer has said the Boy Scouts of America has worked hard to kill the bill. The insurance industry, the Georgia Chamber of Commerce and the Georgia Catholic Conference have also quietly lobbied to kill it, he said.

This story has been updated.

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