SNAP Wisconsin
November 17, 2011
http://www.snapwisconsin.com/blog/2011/11/16/will-there-be-justice-for-sexual-abuse-survivors-in-pennsylvania/
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The New York Times reported this week that an additional ten individuals have come forward to report that they were sexually victimized by Jerry Sandusky. Sandusky was arrested on November 5th on 40 counts of child sexual assault. It is likely that in the days, months, and years ahead additional people will come forward to report on their own victimization at the hands of the former Penn State coach.
Much of the public assumes that as these victims come forward, and report their crimes to the police, the legal system will begin its process of bringing justice to these individuals. It is a reasonable assumption to make; one would expect that a victim of sexual assault, or a victim of any serious crime, would have their day in court.
Unfortunately, whether a victim of sexual assault receives justice, depends on the arbitrary statute of limitations laws that exist in the state where the crime took place. CBS news reported this week on the effort underway in Pennsylvania to reform the sex abuse laws in that state. Professor Marci Hamilton, an expert in constitutional law, stated that “The Pennsylvania law is the worst on this issue”. Hamilton indicated that some of Sandusky’s reported victims may be unable to file suit against him because of the statute of limitations laws in Pennsylvania.
Pennsylvania law requires that survivors of childhood sexual abuse bring their suit before the court prior to their 30th birthday. The existing law was enacted in 2002, but survivors who were 20 years old prior to the passage of this legislation will find themselves unable to file a suit against the person who assaulted them.
The laws are complicated, but a 10 year old abused in 1992 would not be able to file a suit under existing Pennsylvania law. Hamilton points out that in 1992 Jerry Sandusky would have been 48 years old, and “I guarantee Sandusky has victims out of statute. No one starts abuse at 50”.
A bill was introduced in the Pennsylvania legislature that would open a “window” to allow sexual abuse survivors, who had previously been barred by the statute of limitations, to have their day in court. When a child is sexually assaulted they experience overwhelming trauma, and it often can take decades for them to be able to come forward and report the crime that took place. Survivors often find that when they are ready to confront their abuser they no longer have access to the courts. The proposed legislation seeks to change that.
The legislation not only seeks to bring justice to the survivors of the crime, but it also works to protect children today. Tammy Lerner, who was sexually assaulted as a child, is barred by the state statute from filing a suit against her perpetrator. Lerner states that a change in the law would enable her to publicly identify her assailant, “this law is my only hope of publicly identifying him. It would mean that I would be empowering parents to protect their kids from this predator”.
When similar legislation was passed in the state of California parents in that state were made aware of over 300 individuals who posed a danger to their children.
The proposed bill is currently sitting in the judiciary committee of the Pennsylvania legislature.
Lerner adds that “I am 100% certain that there are Sandusky victims from the 70’s and 80’s who will be in the same situation I am”.
The arrest of Jerry Sandusky for child sexual assault, and the revelation that officials at Penn State University covered up those reported crimes, has focused renewed attention on the proposed child protection legislation that is sitting in the Judiciary committee.
The Philadelphia Inquirer reported on an emotional press conference that was held in the rotunda of the state capitol in Harrisburg. State Representative Louise Williams Bishop, revealed publicly for the first time, that she herself is a survivor of childhood sexual assault. Bishop stated that the Penn State scandal had given her courage to speak about the assault she experienced when she was a 12 year old girl in Georgia. Bishop, now 78 years old, was raped by her stepfather.
At the press conference Bishop stated “I lived with fears for a lot of years”. She states that she now has found a renewed purpose as a legislator and is advocating for passage of the bill.
She commented that for many years she asked God what her purpose was as a state legislator in Pennsylvania. She stated that “I finally got an answer to why I am here”.
The legislation sponsored by State Representative Bishop is being opposed by the Catholic Church.
Roman Catholic bishops have made it a priority to defeat any legislation that would allow a “window” to be opened to give victims of childhood sexual abuse their day in court. CNN reports that New York archbishop Timothy Dolan has a better idea. At a press conference in Baltimore Dolan said that the U.S. Catholic Church, under his leadership, would be willing to partner with educational institutions and share their expertise in how to protect children. Dolan said “we might be able to come with a little wisdom earned the tough way, the hard way, to that table when we have that discussion”. He added that “One of the things that we’ve learned the hard way – and Lord know’s we’ve earned our PhD. in the school of hard knocks on this one…is that education in this area is phenomenally efficacious”.
Instead of instructing America’s educational institutions on how to best protect children Dolan should immediately travel to Harrisburg Pennsylvania and inform State Representative Bishop that he will be supporting her legislation. Dolan should then inform his brother bishops that in the interests of protecting all of God’s children they should do the same.
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