HARRISBURG (PA)
WGAL-TV, NBC-8 [Lancaster PA]
July 8, 2024
By Tom Lehman
Although efforts to pass a two-year window for child sex abuse survivors to file lawsuits against their abusers on otherwise outdated claims have seemingly stalled once again in Pennsylvania’s legislature, advocates for the measure are urging lawmakers to finish their roles to enact the measure before the effort must restart from square one.
The statutory window to allow lawsuits on time-barred claims of child sex abuse has long been sought by survivors as a means of naming abusers and holding both them and institutions accountable for the abuse.
But it faces an uncertain future in 2024 as lawmakers near a budget agreement, wrapping up their main work for the year and potentially embarking on a break for the summer ahead of elections.
Over the years, the statutory window has either stalled in the legislature or suffered from bureaucratic incompetence in 2021, which prompted the entire process to be restarted when it was nearly ready to land on the ballot for voters’ consideration.
The window has also received pushback from the insurance lobby and organizations like the Catholic Church.
“This notion that victims are just looking for a payday is nowhere near the truth. Many of them have not even talked about it. They just want to have that opportunity to talk about it,” said Rep. Jim Gregory, R-Blair County, a key proponent of the measure and a survivor of child sex abuse himself.
Earlier this year, Senate Republicans tried to tie the statutory window to other amendments dealing with voter ID and regulatory authority — each one only requiring another round of approvals by the General Assembly to reach the ballot.
After the other Voter ID and regulatory amendments were stripped from the package of bills, the House passed the statutory window amendment. The standalone measure has not advanced in the state Senate, where Republican leadership has said they want to see the Voter ID measure approved by the House.
Sen. Joe Pittman, the majority and Republican leader in the Senate, reaffirmed last week that they do not believe the two-year lawsuit window can be legally enacted as a statute and must go through the constitutional amendment process.
“Our position has stayed very much the same from where it was 18 months ago, that it is a constitutional question,” he said.
In order to advance to voters, Pennsylvania lawmakers must pass a constitutional amendment in two consecutive General Assemblies. Once properly advertised, the measure would be put on the next election’s ballot.
The statutory window, which has already been advanced past its first leg, must be passed by both chambers by Aug. 5 to qualify for the November ballot. It must pass before Dec. 1 in order to be considered in 2025, according to the Pennsylvania Department of State.
However, many survivors, including former House Speaker Mark Rozzi, remain optimistic that a deal can be struck.
Rozzi, D-Berks County, who along with Gregory will leave office later this year, has fought for the measure for years. He said if it doesn’t pass this year, he’ll continue fighting for proposal but believe it can be advanced now.
“We have options, but why should we make survivors way another day?” he said in an interview on Monday.
Shaun Doughtery, a clergy sex abuse survivor and president of the Survivors Network of those Abused by Priests, has been coming to the Pennsylvania capitol for years, urging passage of the statutory window.
Despite the recent impasse over the constitutional amendment, Doughtery believes there may still be an opportunity to pass the statutory window this legislative session. He said with survivors’ numbers dwindling due to suicides and aging, it was important to continue pushing everyday for the measure to be approved.
“It’s the stubborn Western Pennsylvania mentality in me and you don’t give up,” he said.