Penn State Scandal May Change State Law, Extend Time to File Charges

September 06, 2012 (Press-News.org) Penn State Scandal May Change State Law, Extend Time to File Charges

It is a piece of legislation that is more than six years in the making. The proposal aims to give victims of childhood sexual abuse more time to hold abusers accountable for their actions, allowing an extension on filing deadlines for civil and criminal suits.

A bill attempting to reduce the rate of these injuries to children should easily make it through the legislature and be passed, so why the delay? The House Judiciary Committee chairman has been notoriously reluctant to advance bills addressing this issue. One likely reason: pressure from the Catholic Church.

Details of the Bill

The bill is designed to amend existing state law. Currently, a victim in Pennsylvania has until the age of thirty to file a civil suit against an alleged sexual predator. The bill would extend this statute of limitations, giving the victim until the age of fifty (with very few exceptions) to file a claim.

In addition, victims are currently only able to bring a criminal charge against an alleged abuser before the victim reached the age of 50. The amendment would remove the statute of limitations on criminal suits, allowing a victim to hold an abuser criminally liable at any time (under limited circumstances).

Catholic Church Pushes Back

The church is fighting such extensions, using the argument that reliable evidence is hard to come by after decades have passed since the alleged abuse. The church has hired expensive lobbyists and public relations firms in some states to help push against efforts to extend or remove statutes of limitations for abuse victims, according to the New York Times.

The issue is contentious, and strong opinions exist on both sides. In addition to the question of unreliable evidence, those opposing the legislation argue that prosecuting abusers fifty years after the incident will not likely protect children today.

Those who are in favor of removing the statute of limitations argue that victims often need time before they are able to face their accusers. As a result, it is unfair not to allow the victim to seek justice.

The strength of the opposition will likely make it difficult for the bill to pass. Even if the bill is not enacted, compensation may still be available for those who were sexually abused as children. Every situation is unique, and an experienced attorney will be able to discuss your legal options.

Article provided by Eisenberg Rothweiler Winkler Eisenberg & Jeck PC
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