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Editorial | Incomplete justice for abuse victims without retroactivity
Tribune-Democrat
The Pennsylvania Legislature is expected to again consider extending the state’s statute of limitations for child sexual abuse, a proposal passed in 2016 by the House but watered down in the Senate. A central issue is whether the lifting of the statute should be retroactive for civil cases – meaning should victims be permitted to sue for damages in cases that might be decades old. Last year, the House approved retroactivity while the Senate pulled that stipulation from its legislation. We urge both chambers to pass raising the statute of limitations and making the change retroactive – providing some measure of justice for sexual assault victims. The Catholic Church and the Insurance Federation of Pennsylvania oppose the measure. That’s understandable, as they would risk losing millions of dollars either settling old cases or, if required by the courts, paying damages. Victims advocates say those abused by priests and others have suffered greatly from the experience. Many struggle in their personal relations, and experience depression and substance abuse. Some turn to suicide. Johnstown native Shaun Dougherty is a vocal proponent of lifting the statute for child sexual abuse and making the change retroactive. Dougherty has said he was abused by a priest when he was a boy, and came forward after the state attorney general’s report last March that said at least 50 clergy members across the Roman Catholic Diocese of Atloona-Johnstown had engaged in abuse over several decades, as their crimes were covered up by the church. Dougherty said his mission is to make sure “that I have done everything that I possibly can do to prevent this from happening to another child.” He has launched a petition on the website Change.org asking people to join his stance. He told reporter Dave Sutor in September: “What other people have to say to themselves when they look in the mirror is up to them. But I don’t see how you can be Christian and think that this is OK and think that this should just be quieted and hushed again.” The National Conference of State Legislatures notes on its website – which tracks statutes of limitations across all states – that one argument for extending the statute is “delayed discovery” of the abuse. “Child victims frequently do not discover the relationship of their psychological injuries to the abuse until well into adulthood – usually during the course of psychological counseling or therapy. They may not even discover the fact of such abuse until they undergo such therapy,” the group says. We have no question concerning the moral aspect of this issue. Raising the statute of limitations for child sexual abuse and making that status retroactive is the right decision on behalf of victims. Whether the move could pass constitutional muster is another factor. The Senate Judiciary Committee heard testimony in 2016 from individuals on both sides of this debate, with lawyers representing the victims’ side arguing that retroactively lifting the statutes would not violate the Pennsylvania Constitution while attorneys representing the church and insurance industry argued the other direction. Constitutionality of lifting the statute of limitations for child sexual abuse is a concern of the courts. The Legislature should be focused on making the fair, appropriate and just decision for the people of Pennsylvania. These elected officials should put the rights of individuals – victims of unspeakable acts – above the interest of lobbyists and special interests. There should be no deadline for receiving due process for the violation of sexual abuse. That includes financial compensation for pain and suffering.
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