After Years of Defeat, Two Measures to Overhaul Child Sex Crimes Laws Are Bound for Governor’s Desk
By Ivey DeJesus
After years of fierce opposition and constitutional hurdles, Pennsylvania lawmakers on Thursday passed measures that will ease up restrictive child sex crime laws and give victims of sexual assault more time to file lawsuits against their abusers. One measure - an amendment to the state Constitution - would give victims long barred from taking legal action against predators the opportunity to file civil lawsuits. Voters must ultimately approve the constitutional amendment. Gov. Tom Wolf is expected to sign the measures, which could be on his desk as early as today pending sign-off from both chambers of the Legislature. “Governor Wolf is eager for the grand jury recommendations to be implemented and looks forward to signing the three bills into law,” J.J. Abbott, a spokesman for Wolf, said in a statement. “He thanks the brave victims that made these changes possible by sharing their stories and fighting for justice.” Rep. Mark Rozzi, who had for years shepherded measures to reform the laws but consistently met with defeat, stood to a standing ovation from House members. Rozzi is a victim of clergy sex abuse. The House approved Rozzi’s bill (House Bill 962) to revise the statute of limitations by a 182-5 vote. “Justice is coming," said Rozzi, a Berks County Democrat. “On behalf of victims of sexual abuse across this Commonwealth, thank you." The provisions of House Bill 962 and House Bill 963 will open a pathway for adults who were sexually abused as children to seek legal recourse. The measures, which had been stalled in the Legislature for years, broadly reform the statute of limitations and address the recommendations made by the scathing 2018 grand jury report into clergy sex abuse in the Catholic Church statewide. Rozzi’s bill will prospectively eliminate the statute of limitations for victims of child sex crimes. The measure expands the window for childhood victims to file civil suits against their abusers to their 55th birthday. Under current law, victims of child sex abuse must pursue criminal cases by age 50 and civil suits by age 30. State Rep. Jim Gregory, R-Blair, sponsored the bill to amend the constitution (House Bill 963); it would allow a retroactive window during which victims of child sexual abuse could sue predators. The retroactive period would apply to individual perpetrators, employers and institutions that might have shielded them from prosecution. The Senate gave final passage to Gregory’s bill on Wednesday night. Constitutional amendments take time, which is a concern for some victims and advocates. Lawmakers must approve a constitutional amendment in two consecutive sessions, so the General Assembly would have to pass the amendment again in the 2021-22 session. Then it would go to voters for approval. The earliest it could appear on a ballot is 2021. Clergy sex abuse victim Sean Dougherty, who along with Rozzi has become a vocal advocate of reform, applauded the actions of lawmakers. “The victims of child sex abuse in Pennsylvania have finally received something that we have been waiting a very long time for,” he said. "Although we didn’t receive everything that we wanted, we did receive a critical vote on the Senate floor. We now have much stricter laws against those that sexually abuse children and past victims are currently on a pathway to eventual justice for the crimes that were committed against us when we were children.” Final passage of the measures cap the efforts of the 40th Statewide Investigating Grand Jury led by Attorney General Josh Shapiro. The scathing 18-month investigation, delivered August 2018, uncovered in horrific details a widespread and systemic culture of child sex crimes on the part of the Catholic Church in Pennsylvania. The provisions of the two measures are among the recommendations issued by the grand jury to ensure such abuse never happened again. Rozzi’s measure also expands age limits on civil suits for adult victims of sex abuse. At present, adult victims have two years in which to file claims. The proposal would extend that time for adult victims age 18-23 to 30. The measure also provides for financial support for victims to seek counseling. Rep. Margot Davidson, D-Delaware County, recognized Rozzi for his “moral courage and conviction” over the years to push through reform on the statute of limitations. “The stories that he shared in the halls of this House and in the chambers and the press conferences, his courage has inspired so many,” Davidson said. She then shared with the chamber that she too was a victim of child sexual abuse, having been assaulted by her pastor and a family member. She said she had found the courage through Rozzi’s inspiration. “He is my hero,” Davidson said. “He didn’t even know it. And he is the hero of so many victims that have suffered in silence and shame across this Commonwealth.” Some victims expressed mixed emotions on passage of the measures. Carolyn Fortney, a member of a Dauphin County family whose children were abused by the same priest, said she was both content but concerned with the constitutional amendment. “The victims and advocates that have fought so hard for so long have every right to be proud of the accomplishments made,” she said. “Prospectively I am very happy about the changes, but the bottom line is that predators are still out there endangering our children and victims will never get justice unless we put the right people in their seats in 2020.” Fortney fears that the constitutional amendment will not pass muster in the courts. She points to powerful lobbyists for the reason the retroactive window was not part of the general reform. “Once again, the Catholic Church and the insurance federation has played their hand,” she said. Eric Failing, the executive director of the Pennsylvania Catholic Conference, said the organization remained “neutral” on the issue of the constitutional amendment. He noted that the majority of the dioceses in Pennsylvania had established victims compensation programs. “To date, they have paid millions to survivors across the commonwealth and other cases are still pending,” Failing said. "We have much to atone for, and it’s our hope these settlements help survivors now — rather than have to wait several years.” Thanks for visiting PennLive. Quality local journalism has never been more important. We need your support. Not a subscriber yet? Please consider supporting our work.
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