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Here's What Pennlive's Editorial Missed in the Statute of Limitations Debate: Cathleen Palm

By Cathleen Palm
The PennLive
October 8, 2016

http://www.pennlive.com/opinion/2016/10/heres_what_pennlives_editorial.html

PennLive's editorial successfully called upon Pennsylvania lawmakers to end the injustice caused by statute of limitations for childhood sexual abuse.

The statute of limitation laws in Pennsylvania have always miscalculated the complex dynamics of childhood sexual abuse.

While there is no time limit on the wounds from such an assault on the child's body and soul and research underscores that it can take decades for the child victim to come forward.

State law imposes arbitrary deadlines that cut off a victim's access to justice.

These statutes of limitation have expired too quickly and have let perpetrators off-the-hook never facing the victim, a judge or jury in a civil or criminal courtroom.

Your editorial argued that the state Senate has refused to address this injustice experienced by adults previously sexually abused as children.

State senators voted for a bill that does not restart the civil clock permitting adult survivors of past childhood abuse access to a – once denied – civil courtroom.

Refusing to support a retroactive statute of limitations provision reflects the imbalance of power between powerful lobbyists in Harrisburg and the individual sexually assaulted as a child.

Still your editorial ignored that the Senate advanced some positive steps for current and future victims of childhood sexual abuse.

For instance, the Senate voted to provide child victims (of today and in the future) with an unlimited period of time to file a civil claim against the person(s) who sexually assaulted the child, the person(s) who conspired with the abuser, or the person(s) who had actual knowledge of the abuse and did not tell the police or child welfare officials.

Your editorial asked, at some point, 'who has the most to lose'?

Our organization believes there are two answers and both are tough realities to confront.

First, the adult survivor already denied justice in a criminal court room further loses without a retroactive civil provision.

Second, and so routinely overlooked by the media and policy makers, is the child being sexually assaulted today.

Under existing statutes of limitation in Pennsylvania, the child being sexually assaulted today is guaranteed to face similar injustices already inflicted on adult survivors of past childhood sexual abuse.

Between 2007 and 2015 (basically the time period since the last SOL reform in PA) more than 14,000 children have been victims of rape, a third of these victims were under the age of thirteen.

Today each of these child victims faces a ticking judicial clock – on the civil and criminal side.

More than 30 states have eliminated, in whole or part, the criminal statute of limitations related to childhood sexual abuse crimes.

Still in 2016, victims of childhood sexual abuse in Pennsylvania still face the likelihood that someday when they are ready to pursue justice they will hear law enforcement official say 'I am so sorry you are too late, the criminal SOL expired.'

Huge majorities in the Pennsylvania General Assembly voted (going forward) to treat childhood sexual abuse like murder refusing to put an end date on when criminal charges against the perpetrator can be filed.

Big majorities also voted to extend (going forward) the civil SOL for childhood sexual abuse until the child victim turns 50 years of age. These same lawmakers also voted against continuing to give government institutions a pass when it comes to accountability for the sexual abuse of children.

PennLive should have used its editorial to challenge leaders of the PA House and PA Senate along with Governor Tom Wolf to meaningfully engage each other toward identifying what is possible on civil and criminal SOL reform in the few remaining legislative session days.

If securing a retroactive civil provision is not achievable before November 30th that will be an intolerable injustice worthy of urgent attention in 2017.

Such an injustice inflicted on adult survivors of past childhood sexual abuse must not, however, be justification for sacrificing overdue and enhanced justice for the child that will be sexually assaulted today or in the years ahead.

Cathleen Palm is the founder of The Center for Children's Justice. She writes from Bernville, Pa.

 

 

 

 

 




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