Proposed Legislation in Pennsylvania Would Allow Victims of Child Abuse to Pursue Legal Claims More than 2 Years After the Abuse Has Taken Place.
Rep. Ron Marsico (R., Dauphin), Judiciary Committee Chair, has expressed opposition to this important pending legislation, citing constitutional concerns.
House Bill 832:
- Eliminates the statute of limitations for a number of enumerated criminal offenses involving child sexual abuse;
- Eliminates the statute of limitations in civil cases where the sexual abuse was the result of compulsion or threats made by the adult defendant to the child victim.
House Bill 878:
- Extends the statute of limitations in all civil cases not encompassed by House Bill 832 by allowing claims to be brought in court up to 32 years after the victim turns 18;
- Establishes a most important civil “window” which allows any suit that was previously barred from court solely on statute of limitations grounds to commence within the two year period of the “window.” (A suit previously brought and dismissed as being untimely could be revived upon petition and showing of newly discovered evidence, excusable neglect or other “extraordinary circumstances”).
If you or someone you know has been the victim of childhood sexual abuse, contact McLaughlin & Lauricella today. Call toll-free at 1-800-MED-MAL1 (633-6251) to reach a law office in Philadelphia or New Jersey for a free consultation.