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EDITORIAL: Some good news for abuse victims

Tribune-Democrat - 11/24/2019

Nov. 24--The state Senate took the path of least resistance for providing relief to adult survivors of child sexual assault -- but at least it's a path.

On Wednesday, the Senate gave first passage on a proposal to take this issue to the voters, who would be asked if they support amending the state Constitution to open a two-year window for those past the statute of limitations to file civil suits.

The House passed the plan earlier this year. Both the Senate and House must approve the measure again -- in 2021 -- before it would land on statewide ballots.

That means maybe those abuse survivors could see that window in 2022 ... in a battle that dates back to the Penn State Sandusky scandal in 2011 and the church abuse reports in years since.

Clearly, the wheels of justice turn very slowly.

The House had approved a prior bill that would open that two-year window without a statewide referendum.

Opponents of that plan say such a move would violate the state Constitution.

"The answer is not to end-run the Constitution or pass something and let the courts decide," said state Sen. Lisa Baker, a Luzerne County Republican.

Actually, we believe the courts are exactly where this issue must be decided, but apparently our elected lawmakers -- at least in the Senate -- don't have the stomach for a constitutional showdown.

Wayne Langerholc, the Republican senator from Cambria County, said while he supports opening the window without a constitutional amendment, he believes the course taken by the Senate would result in an outcome that is less likely to lose a court challenge.

"We know, whatever course is taken, it will result in appellate action," Langerholc told Harrisburg reporter John Finnerty.

"No course of action will result in immediate justice. This legislation will allow every voter in the commonwealth to cast their ballot on the constitutionality. That will form the most solid of bases to withstand constitutional challenges."

The Senate also approved a measure that would raise the statute of limitations for child sexual abuse.

House Bill 962 would move the age limit for filing lawsuits from 30, where it is now, to 55.

This is a positive step for adults who were abused as children but who needed years to process the violations and come forward.

Both proposals were supported initially by the Senate Judiciary Committee, of which Langerholc is a key member.

These moves here in Pennsylvania were made against the backdrop of a national Associated Press investigative report that shows that compensation accounts established by church organizations and overseen by appointed review boards are failing victims.

Rather than treat victims compassionately and fairly, these boards have shielded accused priests and helped the church avoid payouts, the AP reported, and many abuse survivors have "faced hostility and humiliation" when attempting to seek compensation -- which has not been available through the courts due to the statutes of limitations.

The AP says its reporters "checked all the roughly 180 dioceses in the U.S. for information, reviewed thousands of pages of church and court records and interviewed more than 75 abuse survivors, board members and others to uncover a tainted process where the church hierarchy holds the reins of power at every stage."

Victims need impartial arbiters working on their behalf in all areas of this issue.

That's why we supported legislation over a church-controlled payment processes, and why we supported lifting the statute of limitations while also offering a two-year window for lawsuits in the meantime.

We're pleased the Pennsylvania Senate finally came to its senses and did more than nothing.

But victims are a long way from experiencing justice for the crimes committed against them when they were children.

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(c)2019 The Tribune-Democrat (Johnstown, Pa.)

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