Child Abuse Continues, So Why Won't Law Enforcement & Legislature Fix Pa.'s Child Sexual Abuse Problem?
By Jan Murphy | jmurphy@pennlive.com ##
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on March 02, 2016 at 9:40 AM, updated March 02, 2016 at 11:41 AM
There was the Archdiocese of Philadelphia cases of child sexual abuse. Then came Jerry Sandusky. Then the Boy Scouts. And now, the Roman Catholic Diocese of Altoona-Johnstown.
Rep. Mark Rozzi, a Berks County Democrat, said he believes if prosecutors looked they likely would find similar accounts of abuse in other diocese around the state.
mark-rozzi.jpg
Rep. Mark Rozzi, D-Berks County, is hoping this latest investigation into child sexual abuse inside the Roman Catholic Diocese of Altoona-Johnstown will be the catalyst for amending the statute of limitation laws in these types of cases.
File photo/Mark Pynes | mpynes@pennlive.com
"They get away with it and their victims are made to suffer," said Rozzi, who has shared his story publicly of being abused by a priest when he was boy.
Two recommendations made by the statewide grand jury in a report issued on Tuesday about widespread child sexual abuse involving priests in the Altoona-Johnstown diocese addressed the state laws that impose time restrictions on filing criminal and civil charges in child sexual abuse cases.
The report recommended abolishing the criminal statute of limitations for sexual offenses against minors, and opening a window to allow child sexual abuse victims to have their civil actions heard.
To elaborate on its reason for making these changes to the statutes of limitations, the report's recommendations section mentions a 70-year-old victim who testified before the grand jury.
"The victims of child sexual abuse never escape their victimization; it is inequitable and unjust to allow their victimizers to escape accountability," the report states.
No more victims - lawmakers must abolish the statute of limitations for child-sex crimes: Editorial
No more victims - lawmakers must abolish the statute of limitations for child-sex crimes: Editorial
State lawmakers, church officials have work to do in wake of heinous allegations of ongoing child abuse in a Pennsylvania diocese.
Attorneys who have battled for sexual abuse survivors note another benefit to strong statute of limitation provisions is that simply assuring a victim entry into court, many times, helps force the church or other institutions into fuller disclosure of all such abusers in its files. That, in turn, can help ensure that those abusers don't get the chance to prey on a next victim.
"If you're not in court, you can't force information out to the public," said attorney Marci Hamilton, who has represented many child sexual abuse victims.
Changing the law
Rozzi grows angry quickly as he discusses how legislation that he and others have sponsored to make these recommended changes only to have them stonewalled by legislative leaders.
His latest bill – identical to one sponsored in the Senate by Sen. Rob Teplitz, D-Dauphin County – would give abuse victims up to age 50 to file a civil action against their abuser. Currently, that age limit is 30; the age limit for criminal prosecutions in these cases is 50.
Rozzi and Teplitz's bills also would allow previously time-barred victims up to age 50 to bring suit for several years. Other lawmakers have offered other proposals – one, sponsored by Rep. Tom Murt, R-Montgomery, would open a two-year window for past abuse victims to file civil actions and two others, sponsored by Sen. Lisa Boscola, D-Lehigh County, remove the civil and criminal statute of limitations entirely in these types of cases.
All of those bills have sat idle in their respective chamber's judiciary committee.
Calls placed on Tuesday to the chairmen of those committees – Rep. Ronald Marsico, R-Lower Paxton Twp., and Sen. Stewart Greenleaf, R-Montgomery County – were not returned.
This graphic compiled by Philadelphia area attorney Marci Hamilton, who has handled many child sexual abuse cases, reflects her findings from a survey of civil statute of limitation laws across the country.
http://sol-reform.com/
In the past Marsico said opening a window to allow victims who aged out of the opportunity to file a civil claim would be declared unconstitutional by the courts.
However, other states have done it without that result, Rozzi said. He's tired of the excuses.
"Case after case, grand jury after grand jury, at what point are you finally outraged enough to act," Rozzi said. "Is this one going to be enough?"
He is asking his House colleagues to contact Marsico and the House Judiciary Committee's ranking Democratic member, Rep. Joseph Petrarca of Westmoreland County, to urge them to allow his bill and Murt's bill to advance.
The state's Victim Advocate Jennifer Storm issued a statement Tuesday afternoon expressing strong support for the "outright elimination of any statute of limitations for sexual abuse cases. Victims must be supported and given all legal remedies that the courts can offer so that they may heal and find justice against the perpetrators who have harmed them."
Victims groups, including the Pennsylvania Coalition Against Rape and Survivors Network of those Abused by Priests, also endorsed the amending the statute of limitations laws.
Teplitz said he hopes this mounting public pressure leads to a law change.
"Representative Rozzi and I and others working on this, we've shown a willingness to compromise and try to address any legitimate concerns," he said. "But we need to get to a point where we stop talking and we actually start protecting victims and preventing future victims."
What's the holdup?
While Teplitz is careful not to cast blame on a particular religion or organization as being the ones responsible for blocking legislation, Rozzi doesn't hold back.
"There's one thing in between legislators getting outraged enough to say no more and something actually happening and that's the Catholic conference," Rozzi said. "They are the ones in control of these chairmen and things better change. They have to change."
The Pennsylvania Catholic Conference responded to requests for reaction to Rozzi's claims with a statement that reiterated the church's commitment to ending child sexual abuse "by aggressively responding to allegations and education adults and children about the signs of abuse."
The statement goes on to say: "The Pennsylvania Catholic Conference holds the same position as the Task Force for Child Protection, which closely examined Pennsylvania's statute of limitations and recommended that it not be changed."
Child advocate Cathleen Palm disagrees with that interpretation of what the task force did and said.
"It would be inaccurate, if not a troubling affront to child victims to suggest the task force ever invited testimony about how many child victims have been denied their day in court and perpetrators left to abuse more children, because of arbitrary [statute of limitations]," Palm said.
While she said the task force did recommend some important reforms and lawmakers acted on many of them, "the time has come to acknowledge the task force didn't get it all right." When it comes to child sexual abuse, Palm said, "there is no guidebook, no timetable on how a victim begins to unravel a web of pain and betrayal that is so deep and lasting."
Opposition to amending the statute of limitations also comes from the Insurance Federation of Pennsylvania.
Its President and CEO Sam Marshall said the insurance industry takes steps to make sure anybody it insures has a good program in place to identify any possibility of child abuse. But when it comes opening a window for past abuse victims to file civil claims, that's where it has a problem.
"We are allowed to reserve only for claims that are possible. Once a statute of limitations has passed, we can't hold or reserve money for that because claims are no longer possible," Marshall said. He questioned whether the grand jury in making its recommendations gave any consideration of the insurance regulation aspect of it.
"I realize that's not the driving concern in any of this but it is from an insurance perspective," he said. "It's a question of how can you be liable for something they claim for which by law you weren't allowed to reserve money for. That's the challenge here."
Rozzi said he's done with hearing the arguments against changing statute of limitation laws for child sexual abuse victims. He said his colleagues talk about bishops and nuns calling their legislative offices urging them not to support legislation that would do that.
"The time has come. We have to take action now," he said. "I don't know what else it's going to take. If this report doesn't move it, I don't know what will."
http://www.pennlive.com/politics/index.ssf/2016/03/priests_sexually_abusing_child.html
Staff writer Charles Thompson contributed to this story.
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