Inadequate Child Sex Abuse Prosecution, Lawsuits Bill Passes Pennsylvania Senate

By MARC LEVY - Associated Press

HARRISBURG, Pa. (AP) - The Pennsylvania Senate voted unanimously Thursday to lift time limits for some perpetrators of child sexual abuse to be sued by their victims and prosecuted by authorities, amid fresh Roman Catholic Church scandals in Pennsylvania that have inflamed a push for the legislation.

However, the Senate also rejected a provision approved overwhelmingly in April by the House to restore the ability of onetime-child victims to sue for damages if they are now older than the current legal age limit of 30.

An age limit of 30 is incredibly unfair. A large portion of us victims don't remember the abuse until we are in our 30s or 40s. I was 36 when it came to light. Lifting the time limits is just smoke and mirrors when the age limit is so absurdly low. You are still cowards in my book and I hope people remember in November.

That provision has been hotly debated, particularly with prosecutors in Pennsylvania uncovering a long-running scandal in the Altoona-Johnstown Diocese and states increasingly providing that window to victims who are now older.

But the provision ran into concerns from senators that it would conflict with Pennsylvania’s constitutional case law, and it was opposed by the Pennsylvania Catholic Conference and the Insurance Federation of Pennsylvania, which represents for-profit insurers.

In floor comments, Sen. Rob Teplitz, D-Dauphin, said he was sorry that the Senate could not help survivors of past abuse.

It isn't 'could not' it is 'will not'!

“There may be opportunities in a future day to deal with that issue, but I don’t think that that should overshadow the significance of the fact that we have an opportunity to give justice to future victims of abuse and perhaps to prevent future victims of abuse,” Teplitz said.

The bill has been propelled by Rep. Mark Rozzi, D-Berks, who has told of his own victimization as a child by a Roman Catholic priest. The bill goes back to the House, where it’s fate was uncertain Thursday.

“I know that a few of us would have liked to take it a little further, but this is the world of what we can do and not what we cannot do,” said Sen. John Wozniak, D-Cambria. “I think we’ve come a long way in trying to bring this to the forefront, both to the law and, probably most importantly, to the public eye.”

I think your vision is distorted by all the smoke and mirrors.

Still, senators went farther than the House in some respects.

The Senate bill would remove any time limit for a future victim or a victim who is not yet 30 to sue the perpetrator, a co-conspirator or someone who knew of the abuse but failed to report it to authorities. The House bill would have raised that age limit from 30 to 50.

The Senate bill also agreed with the House bill to eliminate the statute of limitations in criminal prosecutions and it would raise the age limit, from 30 to 50, for a victim to sue an organization, such as a church or a school.

On March 1, the Pennsylvania attorney general’s office accused two Catholic bishops who led the Altoona-Johnstown Diocese of covering up the sexual abuse of hundreds of children by more than 50 priests and other religious leaders over a 40-year period. The grand jury report even portrayed the church as holding sway over local law enforcement.

Prosecutors filed no criminal charges, in part because the statute of limitations had expired. That prompted the grand jury to recommend that state lawmakers abolish the statute of limitations for sexual offenses against minors and urge them to suspend the civil statute of limitations on sexual abuse claims.

However, the attorney general’s office reversed course, and told senators in committee testimony June 13 that it would be unconstitutional to change state law to retroactively give victims of child sexual abuse more time to sue.

That's the excuse! Many other states have done it.

Child Sex Abuse Bill Dead in New York, or Mostly Dead

Child-sex abuse bill unlikely to pass legislature before legislative session ends Thursday

Even if Speaker Carl Heastie (r.) gets the bill passed through the Assembly, its fate in the Senate, led by Majority Leader John Flanagan (l.), is unknown. (MIKE GROLL/AP)

BY KENNETH LOVETT    NEW YORK DAILY NEWS

ALBANY — The longtime sponsor of a bill to help victims of child sex abuse seek justice on Tuesday declared the measure dead for the current legislative session.

Assemblywoman Margaret Markey (D-Queens) said she doesn’t expect a deal to be reached by Gov. Cuomo, the Assembly, and Senate before the session ends on Thursday.

Markey said the Assembly is not even likely to take up a bill it had drafted on the issue until after the fall elections at the earliest.

“This is an election year and why put some people in jeopardy if the bill is not going anywhere (in the Senate)?” she said.

But a spokesman for Speaker Carl Heastie was quick to deny a decision on the fate of the Assembly bill has been made.

He said a vote could come at any time on the bill that would extend the time child sex abuse victims can bring cases by five years, open a six-month window to revive old cases, and treat public and private entities equally when it comes to child sex abuse cases.


Melanie Blow, COO of the Stop Abuse Campaign, is one of many advocates lobbying the Senate to make their case. (JEFFERSON SIEGEL/NEW YORK DAILY NEWS)

Even if it passes, the GOP-led Senate is not expected to take up the measure, which is opposed by the Catholic Church over the six-month window for old cases and by some victim advocates who don’t think the legislation goes far enough.

Markey said she is disappointed another legislative session is seemingly coming to an end without a law being adopted to help survivors of child sex abuse.

“I feel in a sense I’m letting the victims down,” she said. “But I’m not giving up.”

She said she is hopeful the issue will face a better reception in the Senate if the Democrats can grab control of the majority in the November elections.

“I really think the Senate will turn,” she said.


Assemblywoman Margaret Markey (l.) joined by her Child Victims Act co-sponsor, Sen. Brad Hoylman (r.), said she was disappointed in the legislature's inaction on this important issue. (JEFFERSON SIEGEL/NEW YORK DAILY NEWS)

Senate Democratic Minority Leader Andrea Stewart-Cousins urged state leaders to strike a last-minute deal that will aid victims.

“We have two days left,” Stewart-Cousins said. “This bill is crucial and unfortunately we may be waiting on a miracle now. I just hope that everyone understands how important this is and we commit to providing justice to the victims of these heinous crimes.”

The Senate Democrats introduced the most comprehensive version of the Child Victims Act, only to watch the Senate GOP block it from coming to the floor.

The bill would have done away entirely with the statute of limitations on criminal and civil child sex abuse cases and opened a one-year window to revive old cases. And like the Assembly bill, it would have treated public and private entities the same when it comes to child sex abuse cases.

Advocates on Tuesday were trying to cling to hope, with some traveling to the Capitol to make their case outside the Senate.

“I am convinced that everything we do this year will get us closer to the result we want,” said Melanie Blow, of Stop Abuse Campaign. “It is horrible that we have a building full of politicians who think protecting children will cost them an election. I think that shows where the problem is.”

Let's make it Not protecting children will cost them the election. Make the GOP Senators pay for their lack of empathy for victims and their obvious support of the perpetrators. They should be ashamed and they should be thrown out of office.

Archbishop Hires PR Firm to Battle Child Sex Abuse Statute of Limitations Reform Legislation

Courtney M. Soliday

PHILADELPHIA — The Catholic Church launches a PR campaign against pending bill HB 1947 in response to the increased momentum by child sex abuse victims and advocates to reform the statute of limitations. HB 1947 makes it possible for more child sex abuse victims to bring lawsuits against any Pennsylvania diocese which enabled and protected their predators.

Tonight in Philadelphia, Pennsylvania at 6pm advocates gathered to send message that Catholic hierarchy’s opposition to victims’ access to justice is immoral and wrong.

Peter Kuzma and Rep. Mark Rozzi

Why?

Archbishop Chaput, with the aid of his lawyers and a PR firm, has launched a no holds barred, multi-faceted, expensive communications campaign aimed at convincing Philadelphia Area Catholics that changing the laws pertaining to the sexual abuse of children is a wrong, unfair and will cause the archdioceses to go into bankruptcy, close many more schools and severely limit financial resources for their many ministries.

Chaput wants them to call their legislators and tell them not to support pending bill, HB 1947.

HB 1947: 
removes the criminal SOL for child sex abuse
extends the maximum age to file a civil suit to 50

Walk for a Window

Next Sunday, June 5th, survivors of child sex abuse, along with legal scholars, advocates and others will join together for the Walk For A Window across Brooklyn Bridge.

The goals of child sex abuse statute of limitations window legislation include:

• Identify Hidden Child Predators
• Disclose Facts of Sex Abuse Epidemic to Public
• Arm Parents to Protect Children
• Shift Cost of Abuse from Victim to Those Who Caused It
• Create Justice for Victims Ready to Come Forward Who Have Been Damaged

‘Walk For A Window’ is a tri-state unity walk in support of child sex abuse survivors’ access to justice. Specifically, the walk is in support of pending child sex abuse statute of limitations revival/window legislation in New York, New Jersey and Pennsylvania.

When support builds up for child sex abuse statute of limitations reform, so does the opposition. Please keep in mind, when reviewing their arguments, that statute of limitations reform only extends the time victims have to come forward. The case still has to be proven in a court of law with evidence, etc.



“The Catholic Church has learned hard lessons regarding child sexual abuse and has taken responsibility for the abuse that has occurred within its ranks.  The dioceses across Pennsylvania have implemented changes that offer assistance to abuse survivors and affirm that they are not at fault for the crime committed against them."
                                                             
The Church has also taken great strides to protect children and provide financial assistance for survivors and their families, no matter how long ago the crime was committed, and for as long as necessary. Children and adults are trained to recognize and report signs of abuse to ensure that the children in our care are safe and secure. To date, Pennsylvania’s dioceses have spent over $16.6 million to provide compassionate and supportive victim assistance to individuals and families.  

Despite that, state lawmakers are considering legislation that would retroactively nullify the statute of limitations for filing a civil lawsuit alleging childhood sexual abuse. It would force parishes, dioceses, schools, and charities to defend cases that are 20, 30, or 40 years old, long after the perpetrator and possible witnesses have died or clear evidence is gone. It could lead to the closure of parishes, schools, and ministries of today’s Catholics, who are in no way responsible for abuse that occurred decades ago.”

                                                                                      -  Pennsylvania Catholic Conference

Entire statement and additional information available at SOL-Reform.com

Child sex abuse advocates present the following in support of the impact and relative success of window legislation:

The Relative Success of SOL Window and Revival Statutes, State-by-State

California (2003) (1-year window revived civil SOLs, closed)

Population: 35.25 million
No. survivors who filed claims: Approximately 1,150
Unidentified predators identified: 300+
Entities sued: Family members, Catholic Church, Boy Scouts of America, The Explorers (Los Angeles Police Department), The Salvation Army, The Seventh-Day Adventist Church, Monterey Bay Academy.
False claims: anecdotal reports of handful - none in media


Delaware (2007-09) (2-year window revived SOLs, closed)

Population: 935,000
Most active predator who had been previously undisclosed: Pediatrician Dr. Earl V. Bradley
No. survivors who filed claims under initial 2-year window: Approximately 175
No. survivors who filed claims under follow-up window for healthcare providers: Approximately 1,000 (claims solely against Pediatrician Dr. Earl V. Bradley)
Entities sued under initial 2-year window: Family members, Catholic Diocese of Wilmington, St. Elizabeth’s Roman Catholic Church, Laurel School District, Archmere Academy, Inc., The Premonstratenian Fathers, Inc., The Norbertine Fathers of Delaware, Boy Scouts of America, Fairwinds Baptist Church, Salesianum School, The Capuchin Friars, The Brothers of the Holy Cross, St. Edmond’s Academy, St. John the Beloved Church
Entities named under follow-up window: Beebe Medical Center (connected to Bradley), Medical Society of Delaware (connected to Bradley), Medical Society of Delaware Insurance Services (affiliate of Medical Society of Delaware, connected to Bradley)
False claims: None reported


Minnesota (2013-16) (3-year window, open)

Population: 5.5 million
No. survivors who filed claims: 44 plus 419+ notices of claim in RCC bankruptcy context
Unidentified predators identified: 69 Priests
Entities sued: Boy Scouts, Lutheran Church, YMCA, Children’s Theatre Company, Dioceses of Crookston, Duluth, New Ulm, St. Cloud, and Winona, Archdiocese of St. Paul-Minneapolis,
False claims: None reported


Hawaii (2012-2016) (2-year window with 2-year extension revived civil SOLs)

Population: 1.42 million
No. survivors who filed claims: Approximately 125
Unidentified predators identified: Jay Ram (Big Island farmer who used California foster care system to import boys to abuse in 1980s/90s); Principal of Damien Memorial High School; several priests, e.g., Fr. Joseph Turk, Fr. Gerald Funcheon, Fr. George DeCosta, Fr. Joseph Henry
Entities sued: Hawaii School for the Deaf and Blind, Damien Memorial School, Congregation of Christian Bros. of Hawaii, Diocese of Honolulu, Society of Priests of St. Silpice, St. Anthony Parish of Kailua, St. Philomena Parish of Honolulu, Catholic Foreign Mission Society of America, Maryknoll Fathers and Brothers
False claims: none reported


Massachusetts (2014) (revives civil SOL up to age 53 against perpetrator) (revives civil SOL with discovery +7 years against entities)

Population: 6.7 million
No. survivors who filed claims: Unknown
Unidentified predators identified:
Entities sued: Deerfield Academy, Harvard University, Fessenden School Archdiocese of Boston, Diocese of Fall River, Springfield, Worcester,
False claims: None reported


Connecticut (2010 to present) (revives expired claims to age 48)

Population: 3.6 million
No. survivors who filed claims: undetermined
Entities sued: Indian Mountain School, Inc., Hartford Roman Catholic Diocesan Corp.
False claims: None reported


Georgia (2015-17) (2-year window revives civil SOL against perpetrator (not entities), in effect 7/1/2015, currently open)

Population: 10.1 million
No. survivors who filed claims: 9
Unidentified predators identified: James S. Collins, current leading lobbyist and former Baptist Church and YMCA youth coordinator
Entities identified but not sued due to narrow scope of window: Pak Karate, Amateur Athletic Union, US Taekwondo Association, Toombs County Church, First Baptist Church of Vidalia, Boy Scouts of America
False claims: None reported

Utah - window and retroactive extension to age 53 against perps and aiders and abettors.

Lobbying is Working on Governor Cuomo

Cuomo stands for justice for child sexual assault victims

Governor Cuomo Stepping up (SUSAN WATTS/NEW YORK DAILY NEWS)

NEW YORK DAILY NEWS

For a full two hours, Gov. Cuomo on Thursday engaged with men and women who suffered sex abuse as minors and are pressing Albany to reform statutes of limitations that deny justice to countless victims.

Kudos to Cuomo for affording the citizen activists the attention they deserve — and continue to be denied by leaders of the state Legislature.

While Cuomo explored the difficult legal and moral questions surrounding rewriting civil and criminal statutes of limitations, legislative leaders arrogantly maintained their anti-democratic practice of conducting the people’s business behind closed doors.

Republican Senate Majority Leader John Flanagan and Democratic Assembly Speaker Carl Heastie refused to answer even the most basic questions about their positions.

Daily News readers will know that this newspaper has campaigned since March for reforms to criminal and civil statutes of limitations for sex crimes against minors. The case of an alleged serial predator who could not be prosecuted on some accusations cried out for rewriting the law.

Since then, widespread injustices emerged from the complexities of New York’s criminal and civil legal time limits.

The denial of recourse to hundreds, if not thousands, of victims is so clear that any reasonable observer would have expected elected officials to rush forward like knights to the rescue.

But no. At first, Cuomo offered only meaningless statements of good intentions. Heastie and Flanagan consigned victims to meet with aides.

That changed Wednesday evening, when the governor’s office said he would back a measure that would:

• Eliminate the statute of limitations on criminal sex offenses against minors.

The Legislature had done so for the most serious crimes, such as rape, but left the clock ticking on others, notably those involving manual molestation. Cuomo’s on the side of the angels here.

• Scrap a provision that requires filing a notice within 90 days of wrongdoing in order to sue a government agency on an allegation of sex abuse.

Rightly, the governor recognizes that private and public employers must face equal liability.

• Extend the statute of limitations on civil actions in a time frame that “allows victims an opportunity at seeking the justice they deserve, while at the same time ensuring due process.”

By due process, Cuomo refers to statutes of limitations as offering necessary protections against being charged with wrongdoing long after the fact, when the accused may have lost the ability to mount a proper defense.

The time limit to sue an abuser is now five years after an alleged victim turns 18 — and just three years after 18 to sue a potentially guilty institution.

Coming to grips with the psychological scars of abuse can take years. Many victims are unprepared to go to court by 23, let alone 21. They should be given at least to the age of 28 and far better to the age of 35.

In his public statement, the governor left a blank on giving past victims one year to file suits.

Those who oppose the provision worry that potential defendants, such as a Catholic diocese or schools of other faiths, could face large, potentially bankrupting monetary judgments.

While the concern is real, there should be greater trust in the courts to sift legitimate claims. Opponents must reckon with the truth that they are placing financial interests over the deep, life-scarring harm inflicted on minors by monsters.

They’re protecting predators and enablers, only because of money. May Cuomo’s meeting with victims lead to an end to that abomination.

Please keep up the pressure on Gov. Cuomo to go all the way with this and allow a window for those over 23 to sue their molesters and the institutions that enabled them.