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Bills paving way for lawsuits by child sex abuse survivors move closer to approval in Harrisburg

By Ford Turner
Morning Call
November 20, 2019

https://bit.ly/2KCTRrE

Rep. Mark Rozzi of Berks County

A pair of bills that would open new legal avenues in Pennsylvania for action by survivors of child sexual abuse ― sponsored by two lawmakers who are themselves survivors ― have moved ahead in Harrisburg this week as the result of a bipartisan deal.

Both measures were approved by the state House in April and by the Senate Judiciary Committee on Monday. They received a preliminary approval Tuesday from the full Senate. A final vote could come Wednesday.

Berks County state Rep. Mark Rozzi, a Democrat who is prime sponsor of one of the bills and who has pushed for legislation on behalf of victims since his 2012 election, said a deal with Republican legislative leadership allowed the bills to progress.

In it, Rozzi agreed that instead of seeking a change in state law to carry out a key component ― the opening of a two-year window for civil lawsuits by victims regardless of when they were abused ― proponents would seek a change in the state constitution.

The latter approach takes longer, he said, but would shield the change from court challenges.

An amendment to the state constitution requires passage by the state Legislature in two consecutive sessions, followed by a ballot referendum put to voters statewide. Hence, depending on the timing of future legislative votes, the referendum could be more than three years in the future.

Rozzi said he and other supporters of victims’ rights realized that taking the traditional route of simply passing a new state law likely would trigger court challenges.

“The Catholic church or some institution would challenge it in the courts and it would be held up for three, four or five years,” Rozzi said.

The bill proposing the constitutional amendment is sponsored by Blair County Republican Rep. Jim Gregory.

The constitutional amendment approach, Gregory said, was insisted upon by Republican Senate President Pro Tempore Joseph Scarnati. Scarnati, Gregory said, believed “that doing this legislatively was not going to hold up constitutionally, and nothing was going to change about that.”

Rozzi’s own bill would remove any time limit for the filing of criminal charges against an abuser and also raise the age for filing a civil lawsuit on child sexual abuse to 55 from 30.

Rozzi said he believed both bills would get final approval from the full Senate on Wednesday. His bill would then require one more vote: an agreement by the House to an amendment made in the Senate.

“When I first ran, people said this would never happen, and that child sexual abuse is not really a problem in this state," Rozzi said. “It’s been a long seven years. It’s been exhausting.”

Gregory, a former broadcaster and marketing specialist, was first elected to the House a year ago and took office in January. He said Rozzi approached him in February about helping move forward bills that Rozzi had pushed for years.

Rozzi first spoke out publicly in 2010 about being sexually assaulted at age 13 by a priest. On Tuesday, he said he still has nightmares about it.

Gregory said he accepted Rozzi’s approach about taking the lead on a bill because “as a 10-year-old, I was sexually abused by two 13-year-old boys.” One, he said, was his best friend. The psychological effects of the abuse changed his life.

“That path led to addiction, a failed marriage. I got to the point I had no hope, and eventually I didn’t want to live anymore,” Gregory said.

Gregory said his life changed when he found religion in 2000.

He said he was optimistic about the chances of the bills in the Senate.

A victim advocate and former Allentown leader of the Survivors Network of those Abused by Priests, Juliann Bortz, said any change in the state’s “archaic" laws on abuse would be a step in the right direction.

She said, “The biggest thing was that window, to get our day in court.”

Asked about the bills, a spokesman for Gov. Tom Wolf said he continues to support the recommendations of a statewide grand jury that investigated allegations of child sexual abuse by Catholic priests.

Those recommendations included allowing retroactive lawsuits by victims and abolishing criminal and civil statutes of limitations on such abuse.

 

Contact: fturner@mcall.com




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