Pennsylvania Child Sex Abuse Legislation Update
- January 2023: Senate Bill 8 Is Introduced
- April 2023: Legislative Roadblock
- August 2023: Pennsylvania General Assembly Fails to Solidify Two-Year Window Constitutional Amendment
- September 2023: General Assembly Falls Short on Two-Year Window Amendment Deadline
- February 2024: Pennsylvania Amendment to Allow Civil Lawsuits Outside Statute of Limitations Gains Steam
- March 2024: Pennsylvania House Approves Two-Year Window Amendment for Time-Barred Child Sexual Abuse Claims
- May 2024: Pennsylvania Supreme Court to Examine Sexual Abuse Exception
- June 2024: Act 23 Provides Additional Child Protections in Administrative Proceedings
- Victims Waiting For Justice
- Current State of the Legislation
- Holding Parties Liable for Child Sexual Abuse in Pennsylvania
On any given day, news articles expose the horrific tales of child sexual abuse victims from Pennsylvania. However, victims have contended with an intricate and prolonged legislative process that hindered their path toward finding closure. In recent times, this struggle brought Pennsylvania’s child sexual abuse legislation to the forefront of their collective consciousness.
The legislative journey began in earnest back in 2019 when the Pennsylvania General Assembly first addressed the issue of child sexual abuse. A plea for justice echoed around the state, prompting the Pennsylvania General Assembly to proceed to make amendments to the prevailing statute of limitations.
If you’ve been a victim of child sexual abuse, contact Cordisco & Saile for a free consultation.
January 2023: Senate Bill 8 Is Introduced
In January 2023, the Senate passed a significant bill designed to assist child sexual abuse victims alongside other constitutional changes. This legislature, known as Senate Bill 8, attempted to open a two-year window for victims to sue their abusers and responsible institutions, even if the previously applicable statute of limitations had expired. Considering that only about 12 percent of sexual abuse victims disclose the abuse to the authorities and that many don’t come forward until they are adults, this legislation would have presented a quick lifeline solution.
April 2023: Legislative Roadblock
April 2023 saw development when the House of Representatives voted on the previously mentioned piece of legislation. Despite the urgency and moral imperative to address the issue, the progress hit a legislative roadblock. The concern was not the legislation’s substance but rather the implementation method.
The obstacle arose over a constitutional question. Lawmakers argued that the proposed changes to the statute of limitations would require a constitutional amendment—a significantly heftier legislative process than a statuary change. The former needs lawmakers’ approval in two consecutive legislative sessions before heading to a public vote. In contrast, the latter requires only one legislative session.
August 2023: Pennsylvania General Assembly Fails to Solidify Two-Year Window Constitutional Amendment
Pennsylvania’s General Assembly was unable to arrive at a consensus for a proposed amendment allowing victims of child sexual abuse to file civil claims in time-barred cases. Had the General Assembly approved the measure, it would have appeared on voters’ ballots in November 2023.
The proposed amendment has faced numerous challenges, the most recent when it passed both the House and Senate in 2019, but a procedural error prevented it from being included on the ballot. Since then, disputes between Republicans and Democrats have stymied its passage.
September 2023: General Assembly Falls Short on Two-Year Window Amendment Deadline
A bipartisan effort to provide a two-year window for child sexual abuse victims to file civil suits for time-barred cases failed to meet the Pennsylvania deadline for placement on the November 2023 ballot. The General Assembly could not agree on a proposal due to differences over unrelated proposed legislation to bundle with the constitutional amendment.
While both Democrats and Republicans generally support the two-year window for child sexual abuse victims, lawmakers were unable to overcome differences concerning voter IDs and regulatory disapprovals in time to meet the deadline.
February 2024: Pennsylvania Amendment to Allow Civil Lawsuits Outside Statute of Limitations Gains Steam
For years, Pennsylvania legislators have fought for a two-year window allowing child sex victims with time-barred claims to file civil suits. In 2019, it seemed a constitutional amendment enabling such cases would reach voters’ ballots, but procedural errors derailed it. The Pennsylvania Department of State failed to advertise the proposed amendment in county newspapers, preventing it from appearing on the 2020 election ballots.
Lawmakers revived the two-year window amendment in February 2024. Three bills—Senate Bill 1, House Bill 1, and Senate Bill 23—include it as a proposed amendment. However, disagreements between the Republican-controlled Senate and Democrat-controlled House may impact its passage.
March 2024: Pennsylvania House Approves Two-Year Window Amendment for Time-Barred Child Sexual Abuse Claims
In March 2024, the Pennsylvania House approved a constitutional amendment to provide childhood sex abuse victims with time-barred claims a two-year window to sue their abusers and those who enabled the abuse. It will next go before the Senate. If approved, it will be on the November ballot for voters to decide.
Its passage in the Senate isn’t a foregone conclusion. GOP Senate lawmakers have indicated they would only approve it if bundled with other proposed amendments, including a requirement for voters to show ID anytime they exercise their voting rights and a provision to ease restrictions on regulatory disapprovals. The House approved the two-year window amendment without including the additional proposed amendments, so it’s uncertain if the Senate will approve it, even as a bipartisan action both parties agree on.
May 2024: Pennsylvania Supreme Court to Examine Sexual Abuse Exception
The Pennsylvania Supreme Court has agreed to determine whether local government agencies are immune from tort claims over sexual abuse of adult victims. The case involves an adult prisoner who alleges he was allegedly assaulted by Philadelphia Department of Prisons employees at a Philadelphia correctional facility.
Pennsylvania’s Local Political Subdivision Tort Claims Act grants sovereign immunity to local governmental agencies against certain civil actions. However, the law establishes certain exceptions to immunity, including an exception for governmental negligence that enables criminal sexual abuse. Previous state court rulings have held that this exception applies only to minors under 18, not adults.
In this case, the city invoked immunity, claiming that the sexual abuse exception to immunity only applies to minor victims. The Pennsylvania Supreme Court agreed to review the sexual abuse exception and decide whether it can also apply to adult victims of sexual abuse.
June 2024: Act 23 Provides Additional Child Protections in Administrative Proceedings
In June 2024, Governor Josh Shapiro signed Act 23 into law. The new legislation closes a loophole that previously allowed alleged child abusers to confront their child victims in court and legal administrative proceedings.
Under Act 23, a parent, guardian, court-appointed advocate, or other person acting on behalf of the child’s interest can petition The Department of Human Services for an alternative testimony method to aid the child in providing testimony and prevent accused abusers from addressing the child.
Alternative methods include allowing the child to access an emotional support person, object, or animal during testimony. The Act aims to prevent the child from enduring additional emotional trauma during legal proceedings.
Victims Waiting For Justice
The current congressional holdup of the proposed constitutional amendment to Pennsylvania child sex abuse laws has led to widespread dissatisfaction and distress among victims, their supporters, and the general public.
One group grappling with the legislative holdup is the victims seeking to hold the Archdiocese of Philadelphia accountable. The diocese faces a decades-long history of child sex abuse allegations, highlighting the dire need for legislative action. Implementing such legislation would undoubtedly aid numerous individuals seeking justice, closure, and healing.
If the legislation passes the Senate and is approved by voters on the November 2024 ballot, it would offer a lifeline to countless individuals, enabling them to sue and seek justice and financial compensation.
Moreover, this legislation is not solely about compensation but about bringing dark deeds into the light and holding those responsible accountable. It encourages victims to break their silence and emboldens society to shatter the taboo encircling the topic of child sexual abuse.
Current State of the Legislation
As things currently stand, the proposed amendment allowing child sexual abuse victims to pursue justice and compensation in time-barred cases sits with the Pennsylvania Senate. The House has passed the proposed amendment, but it’s uncertain if the measure will be approved in time to appear on the November ballot.
Assuming the Senate approves the proposed amendment and it reaches the ballot, it is up to voters to decide whether to pass it. If voters elect to enact the amendment, victims who have waited years for justice may get their day in court. That would be a tremendous emotional relief for victims who have suffered in silence for far too long and would bring an end to a very lengthy legal battle fought by Pennsylvania lawmakers for years.
Holding Parties Liable for Child Sexual Abuse in Pennsylvania
If you’ve suffered from child sexual abuse in Pennsylvania, your voice counts. Legal action against the perpetrator can provide some measure of justice and may also entitle you to compensatory damages. A Pennsylvania child sexual abuse attorney at Cordisco & Saile, LLC, can help you understand your legal options and represent you in a claim.
Our nationally recognized team of attorneys has extensive experience navigating the legal complexities of child sexual abuse lawsuits. We understand what’s needed to prove your case, even if the abuse occurred years ago. We try to remove as much stress from the process as possible, and we understand the emotional trauma you may feel.
If you’re ready to take action, schedule a free consultation with Cordisco & Saile, LLC, today. We work with clients across Pennsylvania, including Bucks County, Montgomery County, Lehigh Valley, and Philadelphia. Call us at (215) 642-2335 or complete our online intake form.
