Survivors say they won’t stand down after court tosses law on decades-old sex abuse

Laura vonGermeten, a child sexual abuse survivor, gathers herself as she talks about her abuser during a press conference at the Capitol in Salt Lake City Monday, June 22, 2020. Six survivors talked about their abusers, some for the first time, and discussed the effects of a recent Utah Supreme Court decision that struck down victim’s rights to sue their rapists and molesters retroactively until age 53. | Steve Griffin, Deseret News

State lawmaker says she’s exploring potential next steps in both criminal and civil realms

SALT LAKE CITY — They survived sexual abuse as children. Now they want a shot at recourse.

A half-dozen women gathered at the Utah Capitol Monday to condemn a recent Utah Supreme Court decision that threw out a 2016 state law providing a path for victims to sue an abuser decades later.

Many at the statehouse identified their perpetrators publicly for the first time, promising to continue speaking out and to support a potential ballot initiative to reinstate the civil remedy. They noted it often takes years for someone who was victimized as a child to confront what happened.

“When I came forward, I wasn’t trying to say, ‘Look at me, poor me.’ I was trying to make certain that there were no more future victims and that past victims might have a chance — a small chance — at being heard,” said Terry Mitchell, who brought the unsuccessful suit. “I am not going to be silent.”

After the law passed, Mitchell sued a federal judge, alleging he raped her in 1981 when she was a teenage witness and he an attorney prosecuting a white supremacist serial killer. Richard Roberts announced his retirement as chief judge for the U.S. District Court for the District of Columbia the same day.

Attorneys for Roberts argued in part that the allegation was too old, and the case made its way to Utah’s high court, which ruled the law unconstitutional earlier this month. The justices found the Utah Legislature did not have the authority to effectively erase statutes of limitation after they already timed out. But the court opinion noted Utah voters have the power to change the Utah Constitution.

Steve Griffin, Deseret News

Terry Mitchell, a child sexual abuse survivor, center, sits with other child sexual abuse survivors — Laura vonGermeten, left, Jamie Nagle, Allison Leishman and Alissa Perez, not pictured — as she talks about her abuser during a press conference at the Capitol in Salt Lake City Monday, June 22, 2020. The survivors talked about their abusers, some for the first time, and discussed the effects of a recent Utah Supreme Court decision that struck down victim’s rights to sue their rapists and molesters retroactively until age 53.

One Utah lawmaker wants to help make that happen. Rep. Angela Romero, D-Salt Lake City, said she and her colleagues are taking early steps to explore a constitutional amendment or other legislative measures.

At the Monday news conference, Romero noted the measure sponsored by former Rep. Ken Ivory, a Republican, faced little opposition before it passed. The law allowed a person to pursue civil action up to 35 years from their 18th birthday, instead of just four years.

“This bill was a way of saying ‘We believe you, we support you.’ So we’ll continue to work on making sure that we get there as a state,” Romero said.

The Utah Attorney General’s Office investigated Mitchell’s allegations but did not file criminal charges, citing the age of consent at the time was 16. The office has said Mitchell “was undoubtedly victimized” by the former judge and noted it filed a complaint and shared it with members of Utah’s congressional delegation to draw further scrutiny, but the complaint was tossed after Roberts left the bench.

This story will be updated.

Steve Griffin, Deseret News

Alissa Perez, a child sexual abuse survivor, right, talks about her abuser during a press conference at the Capitol in Salt Lake City Monday, June 22, 2020. Six survivors talked about their abusers, some for the first time, and discussed the effects of a recent Utah Supreme Court decision that struck down victim’s rights to sue their rapists and molesters retroactively until age 53.

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