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House panel approves reforms to statute of limitations in child sex cases but key one still missing
By Jan Murphy
Legislation aimed at tipping the scale of justice in favor of future victims of child sex abuse is back on the table and won approval of the House Judiciary Committee on Tuesday by a 22-5 vote. Missing from the Senate-passed bill, however, is a provision that would afford past child sex abuse victims the same opportunity to seek justice as future ones. A similar measure the House passed last year but it died in the Senate. The current bill would give child victims until age 50 to file a civil lawsuit against abusers and employers who were allegedly negligent in failing to stop them. Currently, that window to sue closes at age 30. It also eliminates a legal time limit on when child abusers can be criminally prosecuted for future crimes. The committee amended the bill to remove the limit on damages that can be awarded in civil cases involving governmental entities. Rep. Joe Petrarca, D-Westmoreland County, said it levels the playing field so that no matter whether the child sex abuse happens in a public or private setting, they will be treated the same with no cap on damages that can be awarded. Rep. Rick Saccone, R-Allegheny County, voiced opposition to that change because he said it's unfair to taxpayers who would end up footing the bill for damages awarded in civil cases involving governmental agencies. "I think we should concentrate on going after the perpetrators and make them as accountable as humanly possible," he said, " ... not the taxpayers" who he called innocent victims in these types of situations. But Rep. Brandon Neuman, D-Washington County, bristled at Saccone's remark about taxpayers being the innocent victim. "The only innocent victim is the one that's victimized," he said. "The one that was abused should be made whole as much as they can in the civil realm of our justice system and this is what this amendment would do." Rep. Mark Rozzi, D-Berks County, who as a past child sex abuse victim has become the biggest champion of this legislation, said afterwards he considered the changes that the committee made to the bill as mostly positive. "What the chairman just moved today was an exact same playing field for everybody and I think victims appreciate that," he said. Still, he is not satisfied with its omission of any provision to give past child sex abuse victims the ability to seek justice. Opening a window for past abuse victims to file civil lawsuits is an amendment that will be offered when the bill reaches the House floor, Rozzi said. Senate President Pro Tempore Joe Scarnati, R-Jefferson County, who sponsored the Senate bill, argued against including that provision in the bill. He said the statute of limitations should apply equally to plaintiffs, prosecutors and victims, and such retroactive changes violate a person's rights to defend themselves in court. "For me it's about constitutionality," Scarnati said. "It's not that I don't stand with victims. I just stand with the constitution. I detest what these victims suffered or allegedly suffered." But Rozzi countered that Scarnati is not a constitutional lawyer neither are any other member of the House or Senate. "So why are we not letting the Supreme Court make the decision? The retroactive component is the most important provision in this bill," Rozzi said. "If we would have the retroactive component in there, we can expose perpetrators today. You know we're protecting a class of pedophiles out there that are living among us that are looking for more victims." Rozzi was unaware until after the meeting that a provision in the Senate bill was struck by the House committee that allowed a child sex abuse victim to have an unlimited time period to file a civil lawsuit against their alleged abuser or any individual who knew about the abuse and failed to prevent it. He said that will be among the possible changes that he will discuss with House Majority Leader Dave Reed, R-Indiana, on Wednesday when they meet to try to arrive at language in the bill that the full House might support. Rozzi is hoping the Senate will reconsider its opposition to a two-year window for past abuse victims to file civil suits against their abuser as several grand jury reports have recommended. But he knows the Pennsylvania Insurance Federation and Catholic church are fighting mightily to keep that provision out. While past efforts to alter the statute of limitations have failed, a grand jury report last March that grew out of a two-year investigation into the Altoona-Johnstown Diocese found systemic abuse of children by priests over decades and a cover up by church leaders. That sparked interest in both chambers to make some reforms. Rozzii indicated that another grand jury report looking into other alleged cases of abuse within the Catholic church is forthcoming that could build more pressure on the Legislature to act. He said, "How many kids need to be raped before we do the right thing?" Contact: jmurphy@pennlive.com
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