Statute of Limitations Reform

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ACTION ALERT June 7th, 2013
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Civil Statute of Limitations

Delayed Tolling for Minors; Twelve-Year Statute of Limitations for Childhood Sexual Abuse : Victims who were minors when the abuse occurred have twelve years from their 18th birthday to bring a civil action regardless of whether or not the victim brings a criminal proceeding as well. 42 Pa. Cons. Stat. Ann.§ 5533 (2012).
2 Years for negligence and respondeat superior. 42 Pa. Cons. Stat. Ann. § 5524.
No Discovery Statute for Repressed Memories : The courts will not toll the statute of limitations in childhood sexual abuse cases regardless of the victim’s inability to bring suit due to repressed memories. The Court reasoned that the discovery statute is for when “the injury is not readily discernible as opposed to cases where it is the incapacity of the plaintiff which causes the delay in bringing suit.” Dalrymple v. Brown, 701 A.2d 164, 168 (1997); Pearce v. The Salvation Army & Crouch, 674 A.2d 1123 (Pa. Super. Ct. 1996); Seto v. Willits, 638 A.2d 258 (Pa. Super. Ct. 1994).
No Retroactivity for Previously Time-Barred Claims : The statute will not revive any claim which has been barred by a prior existing statute of limitations. Act. No. 2002-86, sec. 3, § 5533(b), 2002 Pa. Laws (West).

Criminal Statute of Limitations

Statute of Limitations for Childhood Sexual Abuse Charges End When the Minor Victim Turns 50 : Prosecution of childhood sexual abuse charges must be commenced before the minor victim turns 50 years old. 42 Pa. Cons. Stat. Ann.§ 5552(c)(3) (2008).
DNA Exception : If a DNA test can identify an otherwise unidentifiable perpetrator, prosecution may be commenced within the previously stated statute of limitations, or one year after the identity of the perpetrator is discovered, whichever is later. 42 Pa. Cons. Stat. Ann.§ 5552(c.1) (2008).

Pending Bills in Pennsylvania

Bishop, McGeehan announce reintroduction of child sex abuse bills

View Prof. Hamilton's PA Remedies Clause (PDF)

View Prof. Hamilton's answers to the arguments raised by opponents of child sex abuse victims and SOL reform (PDF)

HB 342

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

342

Session of

2013

INTRODUCED BY QUINN, SANTARSIERO, SWANGER, STEPHENS, GINGRICH, SCHLOSSBERG, NEUMAN, KAUFFMAN, MUNDY, TOEPEL, O'NEILL, PICKETT, MAJOR, KORTZ, WATSON, C. HARRIS, READSHAW, BENNINGHOFF, DELUCA, HESS, GROVE AND ROCK, JANUARY 24, 2013

REFERRED TO COMMITEE ON JUDICIARY, JANUARY 24, 2013

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in depositions and
witnesses, further providing for declaration of policy, for
definitions and for victims of sexual or physical abuse.

The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:

Section 1. Section 5981 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:

§ 5981. Declaration of policy.

In order to promote the best interests of the [children of
this Commonwealth] residents of this Commonwealth who are under
18 years of age, especially those [children] who are material
witnesses to or victims of crimes, the General Assembly declares
its intent, in this subchapter, to provide [these children],
where necessity is shown, procedures which will protect them
during their involvement with the criminal justice system. The
General Assembly urges the news media to use significant
restraint and caution in revealing the identity or address of

children who are victims of or witnesses to crimes or other
information that would reveal the name or address of the child
victim or witness.

Section 2. Section 5982 of Title 42 is amended by adding a
definition to read:

§ 5982. Definitions.

The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:

* * *
"Minor." An individual who, at the time of the commission of
the offense involving sexual or physical abuse, is under 18
years of age.

* * *

Section 3. Section 5988 of Title 42 is amended to read:

§ 5988. Victims of sexual or physical abuse.

(a) Release of name prohibited.--Notwithstanding any other
provision of law to the contrary, in a prosecution involving [a
child victim of sexual or physical abuse, unless the court
otherwise orders, the name of the child victim shall not be
disclosed by officers or employees of the court to the public,
and any records revealing the name of the child victim will not
be open to public inspection.] a minor victim of sexual or
physical abuse, the name of the minor victim shall not be
disclosed by officers or employees of the court to the public,
and any records revealing the name of the minor victim shall not
be open to public inspection.

(a.1) Application of section.--The provisions of this
section shall apply to a prosecution involving a minor victim
regardless of the date of the commencement of the prosecution.

(a.2) Waiver.--A minor victim who is 18 years of age or
older at the time of the commencement of the prosecution may
waive the provisions of this section and allow the court to
release the name of the minor victim. The court shall develop
procedures to implement the provisions of this subsection.

(b) Penalty.--Any person who violates this section commits a
misdemeanor of the third degree.

Section 4. This act shall take effect in 60 days.

McGeehan Amendment 188 would open a two-year window for victims to file civil charges in cases where the statute of limitations has expired – and would suspend the sovereign immunity that protects school and government officials from prosecution in such cases.

Rozzi Amendment 189, designed as a procedural backup, calls for the same two-year window as McGeehan’s amendment, minus the sovereign immunity suspension.

HB 237

Section 1. (Next) Section 5531 of Title 42 of the Pennsylvania Consolidated Statutes is amended by adding a paragraph to read:
- Section 5531. No limitation.
  The following actions and proceedings may be commenced at any time notwithstanding any other provision of this subchapter except section 5521 (relating to limitations on foreign claims):
  
  * * *
  - (4) AN ACTION FOR CHILDHOOD SEXUAL ABUSE. AS USED IN THIS PARAGRAPH, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
    "CHILDHOOD SEXUAL ABUSE." INCLUDES THE FOLLOWING:
    - (I) ANY OF THE FOLLOWING SEXUAL ACTIVITIES BETWEEN A MINOR AND AN ADULT, IF THE INDIVIDUAL BRINGING THE CIVIL ACTION ENGAGED IN THE ACTIVITY AS A RESULT OF FORCIBLE COMPULSION OR BY THREAT OF FORCIBLE COMPULSION WHICH WOULD PREVENT RESISTANCE BY A PERSON OF REASONABLE RESOLUTION:
      - (A) SEXUAL INTERCOURSE, WHICH INCLUDES PENETRATION, HOWEVER SLIGHT, OF ANY BODY PART OR OBJECT INTO THE SEX ORGAN OF ANOTHER.
      - (B) DEVIATE SEXUAL INTERCOURSE, WHICH INCLUDES SEXUAL INTERCOURSE PER OS OR PER ANUS.
      - (C) INDECENT CONTACT, WHICH INCLUDES ANY TOUCHING OF THE SEXUAL OR OTHER INTIMATE PARTS OF THE PERSON FOR THE PURPOSE OF AROUSING OR GRATIFYING SEXUAL DESIRE IN EITHER PERSON.
      - (D) AN ACTION WHICH CONSTITUTES AN OFFENSE UNDER ANY OF THE FOLLOWING PROVISIONS OF TITLE 18 (RELATING TO CRIMES AND OFFENSES):
        SECTION 3121 (RELATING TO RAPE).
        
        SECTION 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT).
        
        SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL INTERCOURSE).
        
        SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).
        
        SECTION 3124.2 (RELATING TO INSTITUTIONAL SEXUAL ASSAULT).
        
        SECTION 3125 (RELATING TO AGGRAVATED INDECENT ASSAULT).
        
        SECTION 3126 (RELATING TO INDECENT ASSAULT).
        
        SECTION 3127 (RELATING TO INDECENT EXPOSURE).
        
        SECTION 4302 (RELATING TO INCEST).
        
        SECTION 4304 (RELATING TO ENDANGERING WELFARE OF CHILDREN).
        
        SECTION 6301 (RELATING TO CORRUPTION OF MINORS).
        
        SECTION 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).
        
        "FORCIBLE COMPULSION." AS DEFINED IN 18 PA.C.S. SECTION 3101 (RELATING TO DEFINITIONS).

Section 2. Section 5533(b)(2) of Title 42 is amended to read:
- Section 5533. Infancy, insanity or imprisonment.
  * * *
  - (b) Infancy.-- * * *
    (2) (i) If an individual entitled to bring a civil action arising from childhood sexual abuse is under 18 years of age at the time the cause of action accrues, the individual shall have a period of 12 years after attaining 18 years of age in which to commence an action for damages regardless of whether the individual files a criminal complaint regarding the childhood sexual abuse.
    
    (ii) For the purposes of this paragraph, the term "childhood sexual abuse" shall include, but not be limited to, the following sexual activities between a minor and an adult, provided that the individual bringing the civil action engaged in such activities as a result of forcible compulsion or by threat of forcible compulsion which would prevent resistance by a person of reasonable resolution:
    
    ~~(A) sexual intercourse, which includes penetration, however slight, of any body part or object into the sex organ of another;~~
    
    ~~(B) deviate sexual intercourse, which includes sexual intercourse per os or per anus; and~~
    
    ~~(C) indecent contact, which includes any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person.~~
    
    ~~(iii) For purposes of this paragraph, "forcible compulsion" shall have the meaning given to it in 18 Pa.C.S. Section 3101 (relating to definitions).~~

Section 3. Section 5551 of Title 42 is amended by adding a paragraph to read:
- Section 5551. No limitation applicable.
  A prosecution for the following offenses may be commenced at any time:
  
  * * *
  - (7) AN OFFENSE UNDER ANY OF THE FOLLOWING PROVISIONS OF TITLE 18 (RELATING TO CRIMES AND OFFENSES) IF THE VICTIM IS UNDER 18 YEARS OF AGE:
    SECTION 3121 (RELATING TO RAPE).
    
    SECTION 3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT).
    
    SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL INTERCOURSE).
    
    SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).
    
    SECTION 3124.2 (RELATING TO INSTITUTIONAL SEXUAL ASSAULT).
    
    SECTION 3125 (RELATING TO AGGRAVATED INDECENT SEXUAL ASSAULT).
    
    SECTION 3126 (RELATING TO INDECENT ASSAULT).
    
    SECTION 3127 (RELATING TO INDECENT EXPOSURE).
    
    SECTION 4302 (RELATING TO INCEST).
    
    SECTION 4304 (RELATING TO ENDANGERING WELFARE OF CHILDREN).
    
    SECTION 6301 (RELATING TO CORRUPTION OF MINORS).
    
    SECTION 6312 (RELATING TO SEXUAL ABUSE OF CHILDREN).

Section 4. Section 5552(b.1), (c)(3) and (c.1) of Title 42 are amended to read:
- Section 5552. Other offenses.
  * * *
  - (b.1) Major sexual offenses.-- A EXCEPT AS SET FORTH IN SECTION
    5551(7) (RELATING TO NO LIMITATION APPLICABLE), Aprosecution for any of
    the following offenses under Title 18 must be commenced within 12 years after
    it is committed:
    Section 3121 (relating to rape).
    
    Section 3122.1 (relating to statutory sexual assault).
    
    Section 3123 (relating to involuntary deviate sexual intercourse).
    
    Section 3124.1 (relating to sexual assault).
    
    Section 3125 (relating to aggravated indecent assault).
    
    Section 4302 (relating to incest).
    
    ~~Section 6312 (relating to sexual abuse of children).~~
  - (c) Exceptions.-- If the period prescribed in subsection (a), (b) or (b.1)
    has expired, a prosecution may nevertheless be commenced for:
    * * *
    
    (3) Any sexual offense committed against a minor who is less than 18 years of age any time up to the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age. As used in this paragraph, the term "sexual offense" means a crime under the following provisions of Title 18 (relating to crimes and offenses):
    
    ~~Section 3121 (relating to rape).~~
    
    ~~Section 3122.1 (relating to statutory sexual assault).~~
    
    ~~Section 3123 (relating to involuntary deviate sexual intercourse).~~
    
    ~~Section 3124.1 (relating to sexual assault).~~
    
    ~~Section 3125 (relating to aggravated indecent assault).~~
    
    ~~Section 3126 (relating to indecent assault).~~
    
    ~~Section 3127 (relating to indecent exposure).~~
    
    ~~Section 4302 (relating to incest).~~
    
    ~~Section 4304 (relating to endangering welfare of children).~~
    
    ~~Section 6301 (relating to corruption of minors).~~
    
    ~~Section 6312(b) (relating to sexual abuse of children).~~
    
    ~~Section 6320 (relating to sexual exploitation of children).~~
    
    * * *
  - (c.1) Genetic identification evidence.-- Notwithstanding any provision of
    law to the contrary, if evidence of ~~a misdemeanor sexual~~ AN
    offense ~~set forth in subsection (c)(3)~~ UNDER 18 PA.C.S. SECTION
    3126 (RELATING TO INDECENT ASSAULT) OR 3127 (RELATING TO INDECENT EXPOSURE)
    or a felony offense is obtained containing human deoxyribonucleic acid (DNA)
    which is subsequently used to identify an otherwise unidentified individual as
    the perpetrator of the offense, the prosecution of the offense may be commenced
    within the period of limitations provided for the offense or one year after the
    identity of the individual is determined, whichever is later.
    * * *

Section 5. (Previous) This act shall take effect in 60 days. Bishop

HB 238

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 5533(b) of Title 42 of the Pennsylvania Consolidated Statutes is amended to read:
- Section 5533. Infancy, insanity or imprisonment.
  * * *
  - (b) Infancy.--
    - (1)
      - (i) If an individual entitled to bring a civil action is an unemancipated minor at the time the cause of action accrues, the period of minority shall not be deemed a portion of the time period within which the action must be commenced. Such person shall have the same time for commencing an action after attaining majority as is allowed to others by the provisions of this subchapter.
      - (ii) As used in this paragraph, the term "minor" shall mean any individual who has not yet attained 18 years of age.
    - (2)
      - (i) If an individual entitled to bring a civil action arising from childhood sexual abuse is under 18 years of age at the time the cause of action accrues, the individual shall have a period of 12 32 years after attaining 18 years of age in which to commence an action for damages regardless of whether the individual files a criminal complaint regarding the childhood sexual abuse.
      - (ii) For the purposes of this paragraph, the term "childhood sexual abuse" shall include, but not be limited to, the following sexual activities between a minor and an adult, provided that the individual bringing the civil action engaged in such activities as a result of forcible compulsion or by threat of forcible compulsion which would prevent resistance by a person of reasonable resolution:
        
        (A) sexual intercourse, which includes penetration, however slight, of any body part or object into the sex organ of another;
        
        (B) deviate sexual intercourse, which includes sexual intercourse per os or per anus; and
        
        (C) indecent contact, which includes any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person.
      - (iii) For purposes of this paragraph, "forcible compulsion" shall have the meaning given to it in 18 Pa.C.S. Section 3101 (relating to definitions).
    - (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A CIVIL ACTION THAT WOULD BE PERMITTED TO BE FILED PURSUANT TO PARAGRAPH (2), BUT FOR THE TIME LIMITATION CONTAINED IN PARAGRAPH (2) TO COMMENCE AN ACTION FOR DAMAGES OR ANY OTHER STATUTE OF LIMITATIONS, IS REVIVED, AND SUCH A CIVIL ACTION MAY BE COMMENCED WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS PARAGRAPH. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO ALTER THE APPLICABLE STATUTE OF LIMITATIONS PERIOD OF A CIVIL ACTION ARISING FROM CHILDHOOD SEXUAL ABUSE THAT IS NOT TIME BARRED AS OF THE EFFECTIVE DATE OF THIS PARAGRAPH.
    - (4) IF A PERSON COMMITTING AN ACT OF CHILDHOOD SEXUAL ABUSE AGAINST A MINOR WAS EMPLOYED BY AN INSTITUTION, AGENCY, FIRM, BUSINESS, CORPORATION OR OTHER PUBLIC OR PRIVATE LEGAL ENTITY THAT OWED A DUTY OF CARE TO THE VICTIM, OR THE ACCUSED AND THE MINOR WERE ENGAGED IN SOME ACTIVITY OVER WHICH THE ENTITY HAD SOME DEGREE OF RESPONSIBILITY OR CONTROL, DAMAGES AGAINST THE ENTITY SHALL BE AWARDED UNDER PARAGRAPH (3) ONLY IF THERE IS A FINDING OF GROSS NEGLIGENCE ON THE PART OF THE ENTITY.
    - (5) IF AN INDIVIDUAL OR THE INDIVIDUAL'S LEGAL REPRESENTATIVE HAS PREVIOUSLY BROUGHT A CIVIL ACTION ARISING FROM CHILDHOOD SEXUAL ABUSE AND THAT SUIT HAS BEEN DISMISSED BECAUSE IT WAS FILED BEYOND THE STATUTE OF LIMITATIONS THAT APPLIED AT THAT TIME, THE INDIVIDUAL OR THE INDIVIDUAL'S LEGAL REPRESENTATIVE MAY PETITION THE COURT TO REOPEN THE ACTION WITHIN THE PERIOD PROVIDED IN PARAGRAPH (3). THE COURT MAY GRANT THE PETITION IF IT DETERMINES THAT ANY OF THE FOLLOWING EXIST:
      - (I) THE VICTIM OF THE CHILDHOOD ABUSE WAS UNDER 30 YEARS OF AGE AT THE TIME THE STATUTE OF LIMITATIONS EXPIRED.
      - (II) THE EXISTENCE OF NEWLY DISCOVERED EVIDENCE THAT, WITH REASONABLE DILIGENCE, COULD NOT HAVE BEEN DISCOVERED BEFORE THE PRIOR STATUTE OF LIMITATIONS EXPIRED.
      - (III) FRAUD, INEXCUSABLE NEGLECT, MISREPRESENTATION OR MISCONDUCT BY AN OPPOSING PARTY.
      - (IV) ANY OTHER EXTRAORDINARY CIRCUMSTANCES THAT THE COURT BELIEVES ARE IN THE INTEREST OF JUSTICE.

Section 2. Sections 8522(b) and 8542(b) of Title 42 are amended by adding paragraphs to read:
- Section 8522. Exceptions to sovereign immunity.
  * * *
  - (b) Acts which may impose liability.-- The following acts by a Commonwealth
    party may result in the imposition of liability on the Commonwealth and the
    defense of sovereign immunity shall not be raised to claims for damages caused
    by:
    * * *
    - (10) CHILD SEXUAL ABUSE.-- ACTS OF CHILD SEXUAL ABUSE WHICH CONSTITUTE
      GROSS NEGLIGENCE WHEN COMMITTED BY INDIVIDUALS EMPLOYED BY A PUBLIC
      INSTITUTION, AGENCY OR OTHER LEGAL ENTITY FOR WHICH ACTIONS ARE BROUGHT UNDER
      SECTION 5533(B) (RELATING TO INFANCY, INSANITY OR IMPRISONMENT).
- Section 8542. Exceptions to governmental immunity.
  * * *
  - (b) Acts which may impose liability.-- The following acts by a local agency
    or any of its employees may result in the imposition of liability on a local
    agency:
    * * *
    - (9) CHILD SEXUAL ABUSE.-- ACTS OF CHILD SEXUAL ABUSE WHICH CONSTITUTE
      GROSS NEGLIGENCE WHEN COMMITTED BY INDIVIDUALS EMPLOYED BY A PUBLIC
      INSTITUTION, AGENCY OR OTHER LEGAL ENTITY FOR WHICH ACTIONS ARE BROUGHT UNDER
      SECTION 5533(B) (RELATING TO INFANCY, INSANITY OR IMPRISONMENT).
      * * *

Section 3. The addition of 42 Pa.C.S. Section Section 8522(b)(10) and 8542(b)(9) shall apply to acts of child sexual abuse committed on or after the effective date of this section.

Section 4. This act shall take effect in 60 days. McGeehan

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Tammy Vonada Lerner, Vice President, FACSA (Foundation to Abolish Child Sex Abuse)
610.509.9568, lerner@abolishsexabuse.org, www.abolishsexabuse.org

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Statute of Limitations: Contact Your Representative

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