As the state legislature considers three bills changing the statute of limitations on the amount of time that victims of childhood sexual abuse have to take legal or civil action against their abusers, which bill, if any, is finally enacted will impact people who have dealt with the trauma since childhood.

The current civil statute of limitations for childhood sexual abuse is capped at what is considered the age of adulthood plus 12 years which brings it for most to age 30. For criminal cases, it’s capped at the age of adulthood plus 32 years or 50 years of age for most.

Statute of limitations refers to the maximum amount of time after the abuse occurred that an individual can bring legal proceedings against their abuser or abusers. Criminal cases are prosecuted by the government while civil cases are generally between two parties. One seeks punishment, the other seeks monetary reimbursement and accountability for the guilty.

At this time, there are two bills in the state house.

One bill in the House “extends the civil statute of limitations for child victims to age 55 and removes the sovereign and government immunity going forward. It also abolishes the criminal statute of limitations but for children only.”

The other House bill calls for a constitutional amendment that opens a two-year window for those child victims that had been previously barred by the amount of time that had elapsed.

The bill in the senate totally abolishes the statute of limitations, both civil and criminal, for all child and adult victims of child abuse. It also creates a two-year retroactive window, allowing those who had been time-barred, no matter what age, to be able to file suit against their abuser and/ or an institution who “knowingly concealed the abuse.”

Kevin Handley, an Adult and Child Counselor, who works with the YWCA Northcentral PA, believes “it is very necessary to change the current limitations of child abuse.”

“I came from a role in the state of Maryland, where there are no limitations for childhood sexual abuse criminal cases. Which means when a victim finally can find their voice, they could bring charges, no matter when the incident occurred,” Handley said.

“If criminal limitations were taken away, it not only helps the victim become a survivor, it can get an abuser, who usually commits the same crime over again, off the streets and may save an individual from the same experience,” he said.

He also believes the statute of limitations of civil cases would be abolished for the same reasons.

Once someone is charged with child abuse, then begins the often traumatic and lengthy process of prosecuting the abuser.

Handley, who has worked with children who have been abused, has also gone into the courtroom with them when they testify, which can be different for each victim depending on their age.

“Some have pre-recorded testimony and on occasion (from my anecdotal experience) some have taken the stand,” he explained.

“Like many sexual abuse cases, child abuse cases could last way too long, as many get extended and may not go to trial for years afterwards,” he said, adding that “sentencing happens relatively quickly after the court decision.”

One problem with setting limitations on the time that victims have to report child abuse is that not all people react the same way or in the same time frame.

Handley shared an instance where a mother bathing her child triggered a panic attack when a memory of being abused surfaced.

“I have had on a couple of occasions clients who have had panic attacks from memories they have suppressed. One comes to mind where a parent was bathing her young daughter. In that moment she was flooded with a flashback of a memory of her father urinating on her as a child came to mind,” he said

“This traumatic flashback caused an immediate panic attack. This individual was not able to bathe their children and had to have their spouse handle that responsibility,” he said.

Another problem with putting a time frame on a victim is that they sometimes won’t come forward due to familial or community pressures to keep silent.

Probably one of the more prominent cases in Pennsylvania were the charges of sexual abuse brought by young men in their 20’s against the Penn State former assistant coach at the school.

Because of previous amendments to the law, several of those who had accused him of molesting them when they were children, were able to bring those claims against him even though it had been several years since the abuse occurred.

“I do believe that children’s rights should be protected since they really have no means when they’re a child to protect them,” said Corey Mowrey, executive director of the board of directors for CASA (Court Appointed Special Advocate).

Mowrey, who is a plaintiff’s personal injury lawyer, said that he would advocate for expanding it further.

“It’s hard for an 18-year-old, a 19-year-old, to really be mature enough right at that point of turning 18 that they really can make the best decisions for themselves. It’s still a little bit hard of a timeframe to satisfy,” he said.

There are many reasons for extending the statute of limitations, Mowrey said, among them the fact that a child may still be in that environment and the abuse has not been reported.

“I think it’s pretty hard to turn 18 and then say I’m going to sue my dad or my mom. I think there probably needs to be a bigger grace period where that child has the opportunity now that they’ve become an adult to separate themselves from that potentially dangerous environment and be able to make that kind of decision,” Mowrey said.

Another aspect of the changes that Mowrey thinks is beneficial is what is called “retroactive to the law.”

“If it happened to somebody after they changed the law, now they have that new window of opportunity,” Mowrey said.

“This is kind of going back in time and reopening the door for them,” he added.

One problem he sees though is that it might be difficult to prove the abuse because of the amount of time that has passed.

Speaking from the perspective of his work as a personal injury attorney, he explained that for someone in their 40’s or 50’s bringing such a claim it might be a challenge to find supporting evidence and witnesses because “memories fade with time.”

“People pass away that may have had relevant information. Documentation, over time is only kept so long with record retention policies in various places. There are a number of hurdles that are created, if you don’t bring a claim, as timely as possible,” he said.

Speaking directly to civil claims, Mowrey said, “I’m not saying this in a cynical respect, but whenever you’re evaluating a claim, it’s not just whether you can prove it, but whether you actually have a means to recover under the claim.”

“A lot of the times (with) these abusers, you can sue that individual and there’s no insurance that’s protecting them against child abuse. They might be judgment proof. They don’t really have assets that allow for means to recover from any meaningful judgment,” he said.

Mowrey, who is not a criminal lawyer, was a little cautious in addressing those types of cases. He did however point out that in a civil case there’s just a preponderance of evidence, whereas criminal cases must be beyond a reasonable doubt.

“That’s a pretty high burden for the state to have to prove. If there’s evidence there, obviously, that the crime was committed, even if it’s not discovered for many years thereafter, if the prosecution believes the state believes they can meet that burden, I certainly believe that it should be pursued,” he said.

The bills currently in the state legislature are not on their current agenda.