State Senate Advances Child Sex Abuse Bill

By Liam Migdail-Smith
Reading Eagle
July 1, 2016

http://www.readingeagle.com/news/article/state-senate-advances-child-sex-abuse-bill

The state Senate approved a bill to overhaul Pennsylvania's child sex abuse laws Thursday, but the legislation lacks the key provision that victims and their advocates had demanded.

The bill did not include language that would allow victims to pursue claims for abuse that occurred decades ago. A bid to restore that retroactive provision to the bill fell short again Thursday.

Senators voted 49-0 Thursday to send the bill back to the state House with changes made Tuesday by the Senate Judiciary Committee. The Senate panel axed a provision that would have allowed victims up to age 50 to sue regardless of when the abuse occurred.

State Sen. Scott Wagner, a York County Republican, unsuccessfully attempted to restore that portion of the bill.

Many supporters of the bill say the legislation has been reduced to a half-measure that fails to provide overdue justice to victims already harmed.

For future victims, the bill would remove time limits for criminal charges and allow more time to file lawsuits against abusers and those who shield them.

“They want to pat themselves on the back for that,” said state Rep. Mark Rozzi, a Muhlenberg Township Democrat. “But for a lot of the past victims, this is really going to hurt.”

Rozzi, who was sexually abused by a priest as a child, has led support for the plan.

Catholic Church leaders and business groups lobbied intensely against the retroactive provision. They argued it would open institutions to a flood of lawsuits that would be difficult to defend and sap today's resources to pay for wrongdoings that occurred in the past.

Pennsylvania Catholic Conference spokeswoman Amy B. Hill said the organization is still reviewing the changes.

“I can't say yet what it means for us,” Hill said in an email. “I can reiterate that no matter the final resolution with the legislation, the Catholic Church will keep its sincere commitment to the emotional and spiritual well-being of individuals who have been impacted by the crime of childhood sexual abuse, no matter how long ago the crime was committed.”

Victims and their advocates urged lawmakers to allow victims of past assaults to get the chance to pursue claims in court. They said that provision would expose pedophiles by naming them in court, encouraging victims to come forward and subpoenaing institutional records.

“I think that any institution or business or organization that is trying to protect abusers needs to reassess that thought process,” said Abbie Newman, a victims' advocate from Montgomery County. “By taking out the retroactive part, they are protecting abusers. And what I don't know if they realize or not is that abusers will continue to abuse until they're caught.”

Newman is executive director of Mission Kids Child Advocacy Center, which offers centralized services for abused children, and is past president of the statewide group for such centers.

Dilemma for supporters

Efforts to open a window for lawsuits that have gone beyond the statutes of limitation have stalled for more than a decade.

But the push gained traction in the wake of a state grand jury report that found rampant abuse by Altoona-area priests was concealed by church leaders for decades.

Abuse survivors, their family members and advocates had rallied at the state Capitol. The debate also brought some victims out of hiding to tell their stories.

For the victims who'd hoped for a shot at justice as they grappled with the lasting scars of abuse, the removal of that measure is a crushing defeat, Rozzi said. He sounded emotionally drained in a phone interview Thursday, a departure from his usually fiery demeanor.

“This vote could seriously have jeopardized some of the victims' survival,” Rozzi said. “We may see more suicides. We're definitely going to see many of these victims continue to struggle mentally and physically.”

The bill faces an uncertain future as it heads back to the state House, which in April overwhelmingly approved a bill that would have allowed victims to pursue civil cases in decades-old cases.

Supporters of the legislation now face a dilemma.

If they ask the House to restore the retroactive piece, they risk the entire bill dying in the Senate. But if the bill is approved as it stands, it would lack the component they see as most critical.

Newman said the protections for future victims would be a big step in the right direction. She said supporters must continue to advocate for giving victims a chance to pursue civil cases for past abuse, but added that they should not allow the other parts of the bill to be derailed.

“If this needs to be done in baby steps then at least it's moving forward,” she said.

Rozzi said he's not sure yet how the House will respond. And he is struggling with what route to support.

But he said he's heard from many representatives unhappy with the changes. And he said, some House lawmakers who voted for the plan, especially Catholics, are livid over the pushback they received from church leaders.

‘A big step'

Wagner's bid to reverse the Senate committee's changes was shot down with a yea-nay voice vote. So no record was taken of how senators voted.

His chief of staff, Jason E. High, said the senator sought to restore language allowing victims to pursue claims in older cases after hearing from victims in his district.

“Scott's going to continue to work on this issue and find opportunities to help wherever he can,” High said.

After Wagner's attempt, several senators urged their colleagues to pass the other protections.

“There are a lot of things in this bill that are very strong,” said Sen. Rob Teplitz, a Dauphin County Democrat. “None of that should be overshadowed by the fact that we cannot provide justice for everyone.”

Speakers told the committee last month that the retroactive part would violate the state Constitution. Some senators cited that when opposing the plan.

Supporters of the bill disagreed and said the plan's legality was questioned to give senators cover to block it.

State Sen. John C. Rafferty Jr., a Montgomery County Republican who represents part of Berks, reiterated Thursday that he believed the provision was constitutional and should have remained so the courts could weigh in. But he said he would support the amended plan for its other protections for victims.

“It's a big step in the right direction,” Rafferty said.

Contact Liam Migdail-Smith: 610-371-5022 or lsmith@readingeagle.com