(Photo Credit: NiroDesign/Depositphotos)Filing a clergy abuse lawsuit in Pennsylvania may be an option for more individuals under revised state laws that allow church sexual abuse claims to be made over abuse that allegedly occurred decades ago.

Pennsylvania statute of limitations extended for child sex abuse claims

In November 2019, three bills overhauling child sexual abuse laws were signed into Pennsylvania state law. These laws gave individuals who experienced sexual abuse as children additional time to file claims against the perpetrators and the institutions that failed to protect them. These time deadlines, known as statutes of limitations, were extended for both criminal and civil legal action.

At the time, AP News reported that the effect of the new laws would result in “no statute of limitation on the criminal prosecution of major child sexual abuse crimes.”

Civil lawsuits over alleged child sexual abuse are also subject to a much longer statute of limitations under the revised Pennsylvania laws. As it now stands, individuals now have until they are 55 to file a civil lawsuit. In addition, those who suffer sexual abuse as young adults aged 18–23 have until their 30th birthday to file a claim.

An effort to get a constitutional amendment passed that would also allow adults who missed the deadline to file a claim for sexual abuse they suffered as children under the previous laws is underway. The amendment was proposed in response to the grand jury report, and it was expected to pass the state House and Senate and soon make it onto the ballot.

However, an error from the state department means that the amendment cannot go onto the ballot until 2023 at the very earliest. Pennsylvania’s secretary of state, Kathy Boockvar, resigned due to the error and its grievous consequences: a significant delay in justice for those who have already waited years.

Who can file a clergy abuse lawsuit in Pennsylvania?

Under the revised child sexual abuse laws in Pennsylvania, those who experienced sexual abuse as children have until they are 55 years old to file a civil lawsuit against their abusers and the institutions that may have covered up the abuse. However, the law only applies to future cases of abuse. Adults who suffered child sex abuse prior to the new laws in Pennsylvania must rely on a two-year statute of limitations.

Recently, the Pennsylvania Supreme Court heard arguments in a case of a woman claiming she suffered child sexual abuse at the hands of a priest that was covered up by the Catholic Church. The plaintiff alleged that she did not know about the Catholic Church’s cover-up of the abuse until Pennsylvania released a grand jury report detailing hundreds of cases of child sexual abuse at the hands of clergy members.

While the lawsuit was initially dismissed, it was reinstated by a court that concluded that the plaintiff did not know of the Catholic Church’s conspiracy to protect pedophile priests until after the grand jury report came out in 2016.

The Catholic Church’s appeal has been heard by the state’s supreme court. The resulting decision may affect how long individuals have to file child sex abuse lawsuits in Pennsylvania, say legal experts.

How to file a clergy abuse lawsuit in Pennsylvania

Individuals who suffered child sexual abuse at the hands of a clergy member in Pennsylvania may now have more time to file a claim. Indeed, a growing number of plaintiffs have come forward with claims of abuse that they say was covered up by the Catholic Church.

Though the statute of limitations has been expanded in Pennsylvania, it is important to consider filing legal action as soon as possible. As time goes on, witnesses move and memory fades. In many instances, the priests who allegedly abused children die before a claim can be made, and very few face real consequences in their lifetime. There is also the chance that the diocese or church that allegedly covered up the abuse will go bankrupt, reducing the chances of compensation.

Those who accepted awards from the compensation fund set up by the Catholic church in Pennsylvania may have forfeited their right to pursue litigation.

Pennsylvania is one of several states to have recently expanded their childhood sexual abuse laws.

If you or someone you love has suffered from clergy sex abuse in Pennsylvania, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit cannot take away the pain and suffering caused by this abuse, but it can at least help to provide some compensation, as well as hold those responsible — including the abuser and organizations that may have allowed the abuse to occur — accountable for their actions and inactions.

Understanding how these new laws affect the deadline to file a clergy abuse lawsuit may be overwhelming, especially over something as traumatic as church sexual abuse, so Top Class Actions has laid the groundwork to connect individuals with an experienced attorney that can help. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.