Philadelphia Archbishop Chaput Urges Action against Sexual Abuse Legislation

By James Boyle
The Intelligencer
June 7, 2016

http://www.theintell.com/news/local/philadelphia-archbishop-chaput-urges-action-against-sexual-abuse-legislation/article_f2deb40e-2cd9-11e6-a209-a3e54fcd4bb4.html

(File) Philadelphia Archbishop Charles J. Chaput celebrates Mass for the 50th anniversary of St. Bede the Venerable church in Northampton on Sunday, May 31, 2015. In a letter to churchgoers, Archbishop Chaput asked the faithful to voice their opposition to state House Bill 1947, which would extend the statutes of limitation for sexual abuse victims, arguing the bill is unfair to private institutions like the church and its schools.

The priest at a Bucks County parish received applause at Sunday Mass after encouraging his congregation to fight a bill that would extend the time a person claiming child abuse can file a civil suit.

"Getting involved in political issues is nothing new for this parish," said Monsignor John Marine, of St. Bede the Venerable in Northampton's Holland section. "We will speak up on any moral issue, whether it's the disrespect of human life or restriction on the expression of religious freedom."

Marine said the call to act came after Philadelphia Archbishop Charles Chaput delivered a sharp rebuke against House Bill 1947, which, if passes, would extend the statute of limitations for child sex abuse victims to file civil lawsuits. In a letter directed to archdiocese parishioners, Chaput says the legislation unfairly places a larger liability on private and faith-based organizations than public institutions.

He urged parishioners to ask lawmakers to oppose the bill, calling it a "clear attack on the church, her parishes and her people."

"The problem with HB 1947 is its prejudicial content," according to Chaput. "It covers both public and religious institutions — but in drastically different and unjust ways."

The bill passed the state House in April by a bipartisan 180 to 15 vote and then moved to the Senate Judiciary Committee, which will hold hearings on the bill next week. Committee chairman state Sen. Stewart Greenleaf, R-12, said the list of witnesses has not been finalized, but the hearings will explore the legalities of HB 1947.

"I've been hearing from people on both sides of the issue," said Greenleaf.

According to the bill's language, the main provisions will eliminate the statute of limitations on criminal acts of sexual abuse against children and extend the current civil statute by 20 years, up to age 50 for victims under 50. It also extends retroactively the statute of limitations for child sex abuse victims from age 32 to age 50.

Relaxing the statutes marks an important change for victims, said Julie Dugery, coordinator of public affairs for the Bucks County chapter of the Network of Victim Assistance.

"Many abuse victims need the extended period of time to make a report and fully exercise their civil options," Dugery said. "It provides more retroactive options for victims of abuse."

The archdiocese does not oppose eliminating the statute of limitations for criminal cases, according to spokesman Ken Gavin. Opposition comes over the retroactive extension for civil cases. Chaput says the provision only applies to private and faith-based organizations such as the Catholic Church or the Boy Scouts, and not public institutions such as public schools.

"The Church in Pennsylvania accepts its responsibility for the survivors of clergy sex abuse," wrote Chaput. "It’s committed to helping them heal for however long that takes. But HB 1947 and bills like it are not an answer."

Chaput also takes issue with the liability thresholds for state and private institutions. The legislation waives sovereign immunity for lawsuits claiming a public entity acted grossly negligent, meaning if a school willfully disregarded a student's safety and well-being. Sovereign immunity grants a certain level of protection from civil liability for state and public offices.

The church would not have such protections and only has to meet the lower negligence standard in civil suits, according to the archdiocese.

"Private and religious entities face unlimited liability for exactly the same evil actions, and not just going forward, but also in the past," writes Chaput. "This is not justice."

Grand jury reports from 2003 and 2005 documented multiple cases of child sex abuse by clergy in the Archdiocese of Philadelphia and a culture of cover-ups by church officials. Similar incidents were reported in Western Pennsylvania earlier this year, when a grand jury accused priests from the Roman Catholic Diocese of Altoona-Johnstown of sexually abusing children.

The Philadelphia archdiocese says it has provided more than $18 million since 2003 to assist survivors of abuse and create educational and preventative programs. Increased exposure to liability lawsuits could jeopardize funding of the initiatives and the financial stability of parishes, said Chaput.

"In other states where similar legislation passed, local parishes have been sued, resulting in parish and school closures and charity work being crippled," Chaput writes.

Hearings in the Senate Judiciary Committee on HB 1947 are tentatively expected to begin Monday. Penny Ettinger, executive director of NOVA Bucks County, is encouraged by the near unanimous vote in the state House.

"We are very hopeful for its future and welcome the change," Ettinger said. "The House vote is a great indicator of how they are thinking in Harrisburg."

James Boyle: 215-345-3066; email: jjboyle@calkins.com