Senate committee OKs expanded statutes of limitation in child sex abuse cases

PENNSYLVANIA
Tribune-Review

BY CARLEY MOSSBROOK | Tuesday, June 28, 2016

HARRISBURG – The Senate Judiciary Committee passed a bill on Tuesday that would remove the criminal statute of limitations on sexual abuse cases moving forward and give victims until they are 50 years old to file civil suits against institutions found negligent.

The bill also would remove the statute of limitations on civil suits against individuals who committed the sexual abuse. It also would remove the statute of limitations against those who conspire with the perpetrator to facilitate the abuse and those who know about the perpetrator’s abuse but fail to report it to law enforcement.

The committee also voted to strip a provision that would have allowed victims to file civil suits retroactively against institutions until the victim turns 50. The retroactive provision was part of a bill previously approved by the House.

The amendment, introduced by Senate President Pro Tempore Joe Scarnati, R- Cameron County, passed 9-4. Those in the minority disagreed over whether the courts should decide the constitutionality of retroactive lawsuits.

“In this case, if it is a matter of sympathy or balance of equities, I would oppose the Scarnati amendment,” said Sen. Daylin Leach, D-Montgomery County, adding the committee has an “independent obligation” to decide on the bill’s constitutionality.

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