JUSTICE FOR VICTIMS OF CHILD SEX ABUSE: WINDOW PAIN
PA. SENATE WRESTLES WITH PUSH TO LET PAST VICTIMS OF ABUSE SUE; WHERE DELCO POLS STAND
The battle to deliver justice for victims of childhood sexual abuse from decades ago continues to reverberate across the Commonwealth.
This week the state House approved a measure to open a two-year window for past victims to file civil suits against their abusers. That measure now is in the hands of the state Senate. The measure was pushed by state Rep. Mark Rozzi, D-Berks, himself a victim of abuse as a child at the hands of a Catholic priest.
Most of Delaware County’s representatives voted in favor of giving victims a window to file lawsuits for past aggressions while the measure moves for consideration in the state Senate.
Last week, the House voted 173-21 to move H.B.
261 to the Senate. The measure emerged after a state grand jury report last month revealed that hundreds of Roman Catholic priests had abused more than 1,000 children for decades across the state and that church officials covered it up.
State Rep. Greg Vitali,
D-166 of Haverford, was the only member of the Delaware County delegation to vote against it, staying consistent with the position he has had surrounding the issue.
His colleagues, however, voiced support for the legislation, which most see as a choice between supporting the victims or the perpetrators.
“You have to choose between the predators and the victims,” said state Rep. Jamie Santora, R-163 of Upper Darby, “and I chose the victims.”
“This was more than just an issue of pedophiles attacking children,” said state Rep. Alex Charlton, R-165 of Springfield. “This was institutions going above and beyond to protect those pedophiles ... It was egregious. We couldn’t just turn a blind eye.
“We couldn’t in good faith just shrug our shoulders and say, ‘We’re sorry,’” the representative continued.
Charlton said the intent of the legislation was to allow those victims to receive the closure they need. Current state law gives victims only until they reach age 30 to file civil claims. This legislation would move that to
50 years of age.
“We realize now,” Charlton said of the 30-year-old threshold in relation to the emergence of traumatic memories of these nature, “that that isn’t enough amount of time.”
Charlton added that the hope was a two-year window for past incidents may stop abuse from happening in the future.
“A two-year window gives those victims an opportunity to step forward,” he said. “And they deserve their day in court.”
State Rep. Chris Quinn,
R-168, of Middletown, said this would give these victims a chance to seek justice.
“I voted for the amendments for the two-year window because I believed these people deserved their day in court. They were not just victims of a crime, they were victims of a cover-up and for that reason, I believe they are entitled to their day in court.” — State Rep. Stephen Barrar, R-160, of Upper Chichester
“The attorney general’s investigation clearly shows there’s willful neglect,” Quinn said. “A sexual assault can leave a deep scar in a person mentally and physically.”
State Rep. Stephen Barrar, R-160, of Upper Chichester, agreed.
“I voted for the amendments for the two-year window because I believed these people deserved their day in court,” he said. “They were not just victims of a crime, they were victims of a cover-up and for that reason, I believe they are entitled to their day in court.”
State Rep. Brian Kirkland, D-159 of Chester, also said it was a decision weighing between two groups, victims and the church, which the grand jury clearly indicated was protecting predator priests.
“It was important to me to support the victims,” he said. “It was one of those bills it was either you’re protecting the victims or you’re protecting the priests.”
Kirkland said he received phone calls and e-mails from people sharing their own stories.
“The grand jury report was really hard for me to stomach what was in there,” he said, adding, “We want to do whatever we can to be proactive and to make sure that these victims get justice.”
A self-described “strong supporter” of the two-year civil window, state Rep. Margo Davidson, D-164 of Upper Darby, said she couldn’t be more thrilled about the bill’s passage in the House.
The representative said society is beginning to understand the effects of sexual violence, including the victim trying to grapple with what happened to them, who it was that did it to them and feelings of shame and anger.
“It takes so long for that person to come to terms,” Davidson said. “We need to give victims the time to heal and also to get justice.”
State Rep. Leanne Krueger-Braneky, D-161, of Swarthmore, noted the bill now moves over to the Senate, where changes will more than likely be made
to its language. She also noted that the Senate is where a similar bill, HB
1947, died two years ago. Yet, of HB 261, she said, “It was a tremendous victory for survivors.”
The Delaware County senators also outlined their positions and where they stood last week.
“My legislative record on this issue is clear,” state Sen. Tom Killion,
R-9 of Middletown, said. “I’m now reviewing the changes made by the House to Senate Bill 261 and I do have a concern about some of the language in that bill. Primarily, it creates two classes of victims based on whether abuse took place at a private or public entity. This establishes vastly different lawsuit thresholds and levels of compensation.
“This,” he continued, “is troubling. We shouldn’t have different standards of justice for child sexual abuse victims. All victims should be treated equally.”
State Sen. Tom McGarrigle, R-26 of Springfield said he supported victims but also was cognizant of affecting families who send their children to Catholic schools.
“I support legislation removing the criminal statute of limitations for sexual abuse committed against children and expanding the ability of victims to civilly sue perpetrators for compensation,” he said. “The aim is to send perpetrators of these heinous crimes to prison - regardless of when the crimes took place - and to inflict civil punishment on institutions that fail to protect children, as a way to prevent future abuse.”
The senator also presented his concerns.
“All bills can have unintended consequences,” McGarrigle said. “As legislators, we have to be mindful that the punitive measures intended by the bill do not negatively impact all of the families that send their children to Catholic school or our local parishioners who had nothing to do with these horrendous acts.”
He said he would follow the bill to see if it achieves the goal of bringing justice to victims.
State Sen. Anthony H. Williams, D-8, of Philadelphia, said he remains as repulsed by the findings of the grand jury report as the first time he’d heard about these crimes and added that victims’ main concern is not money.
“They’re talking about retribution, they’re talking about apologies, they’re talking about sincerity,” he said, adding that the public also has a desire to have some sort of healing and a consequence for the conspiracy and suppression that accompanied these acts.
“I was a little bit struck by how much people reacted to the findings,” he said, adding, “I wasn’t surprised. I was as sick then as I was the first time I heard these stories.”
State Sen. Daylin Leach, D-17 of King of Prussia, was one of those struck by the report findings and it was a catalyst, along with meeting with abuse survivors, to his changing his mind in support of this legislation.
Two years ago, Leach opposed HB 1947 that likewise included a two-year civil window.
“Then, I read the grand jury report,” he said. “I was struck, A) by the magnitude of the abuse and B) the magnitude of the institutional cover-up, allowing those crimes to be perpetuated on other people,” he said.
Leach said he met with survivors and had moving, difficult conversations with them that made him realize how damaging this type of abuse really is.
Listening to them, he said, he was reminded why he entered public service.
“I got into this fight for people who need help,” Leach said. “I got into it for justice ... It’s hard to abandon a position, especially one you argued passionately. I didn’t have it in me to argue that these people shouldn’t get the justice they so badly deserved.”
Concerned previously about the limiting principle, he said distinctions can be made.
“We can draw reasonable lines,” Leach said. “We can say ‘yes’ to this person and ‘no’ to this person.”
He said in the case of abuses like these, it was far more likely for people not to see justice.
“I will feel better, “Leach said, “if I can do something ... (to) get some modicum of relief for the pain they have suffered.”
The Catholic Church has instituted various changes since investigations
have found credible incidents of sexual misconduct involving children.
In the Archdiocese of Philadelphia, anyone involved in positions that interact with minors undergo intense training involving the identification of questionable behavior and what to do about it. They also are subject to background checks.
In addition, since
2002, the archdiocese has allocated more than
$13 million to provide victim assistance to individuals and families from counseling to providing medication to travel and childcare and vocational assistance.