Many residents and advocates are asking: Are the sexual abuse laws in the state changing? At Bochetto & Lentz, we understand that for survivors, the answer isn’t just a matter of legal curiosity, it is a matter of justice. While the short answer is yes, the process within the Keystone State has been slow, frustrating, and filled with legal roadblocks.

Survivors of past abuse have been waiting years for a specific legal change known as a “lookback window.” This window would allow adults who were abused as children to sue their abusers, even if the Coalition State’s statute of limitations has expired.

The Landscape of Justice in the Commonwealth

The situation across the Quaker State involves a mix of significant victories and devastating administrative failures. In 2019, meaningful reforms were passed to strengthen protections for future victims. However, the path to justice for older cases has been much harder to clear.

Understanding where the law stands today requires looking at both recent legislation and the ongoing political battles in the capital regarding the state’s statute of limitations. This article examines the current legal environment for sexual abuse cases within the Commonweath’s borders.

The Impact of the 2018 Grand Jury Report

The current push for legal reform began largely after a shocking 2018 grand jury report detailing decades of abuse and cover-ups within six Catholic dioceses across the state. The findings stunned the public and created immediate pressure on lawmakers to take action against institutional negligence.

Following the report, the General Assembly faced demands to eliminate the statute of limitations for criminal charges and open a civil window for historical claims. The report identified over 300 “predator priests” and more than 1,000 victims, highlighting how existing laws often protected institutions rather than children.

Child Sexual Abuse Laws: What Act 12 of 2019 Accomplished

Lawmakers responded to the outcry by passing Act 12 of 2019, a major step forward for protecting children in the Keystone State.

• Criminal Charges: The statute of limitations for bringing criminal charges against future child sex abusers was effectively eliminated.
• Civil Lawsuits: Victims can now file civil claims for abuse that occurred after the law’s passage until they turn 55 years old.

Pro Tip from Bochetto & Lentz: If the abuse occurred after Act 12 was signed in 2019, the new extended civil timelines generally apply. However, every case is unique. Consult with the experienced sexual abuse lawyers in Philadelphia at Bochetto & Lentz to confirm the specific dates relevant to your potential claim.

The Struggle for a Retroactive Civil Window

While Act 12 helped future victims, it did not solve the problem for survivors of historical abuse. The most contentious issue remains the creation of a two-year “lookback window.” This would allow survivors to file civil lawsuits for abuse that happened decades ago, even if the old time limits had expired, a concept already successfully implemented in nearby states.

Administrative Failures and Legislative Deadlocks

The effort to amend the Coalition State’s constitution faced a catastrophic setback in early 2021 when the Department of State failed to advertise the proposed amendment as required by law. This error forced the entire multi-year process to start over.

Currently, a stalemate exists between the House and Senate:

• The House: Favors opening the window through standard legislation (statutory change).
• The Senate: Insists that a constitutional amendment is the only way to protect the law from being struck down in court.

Why the Delay? Institutional Opposition

The resistance to changing these Commonwealth laws is not purely about constitutional theory. There is significant financial pressure from insurance companies and large institutions, including religious organizations, that face potentially massive payouts.

At Bochetto & Lentz, we aren’t scared of pursuing complex cases against powerful organizations. We have a track record of building legal arguments that expose systemic negligence and hold institutions accountable for failing to protect the vulnerable.

Current Legal Options for Survivors

Although the retroactive window is not yet open, survivors still have some avenues for justice. Do not assume all doors are closed.

1. Fraudulent Concealment: If an institution actively hid the abuse, a lawyer may be able to extend the filing deadline.
2. Federal Statutes: Laws like the Trafficking Victims Protection Act (TVPA) may apply to specific cases and offer different statute of limitations windows.
3. Discovery Rule: In some instances, the “clock” may not start until the survivor reasonably discovers the harm caused by the abuse.

Trust the Trial Lawyers at Bochetto & Lentz

The status of sexual abuse laws in the Keystone State is complex and in flux. While the administrative failure to advertise the constitutional amendment was a blow, the pressure for change is not going away.

If you are a survivor seeking justice, the legal team of sexual abuse lawyers in Montgomery County at Bochetto & Lentz is here to listen. We offer compassionate, trauma-informed representation and the high-caliber litigation skills necessary to navigate these evolving laws.

Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For advice specific to your situation, please contact our office directly to speak with an attorney.