KJ McElrath  |  May 28, 2019

Category: Legal News

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A woman sits alone with her head on her knees.Victims of childhood sexual abuse are calling for reform to the Pennsylvania statute of limitations on sex crimes against children. It is a reminder that not all sex abuse has been perpetrated by Roman Catholic priests. Those convicted of such crimes have held a wide range of positions in which they had unsupervised access to vulnerable children, including Boy Scout leaders, teachers and, as in a current case, the medical profession.

A Familiar Pattern

The case of Dr. Johnnie “Jack” Barto bears disturbing similarities to those involving Roman Catholic priests who were the subject of a Pennsylvania grand jury report released in August 2018. In early May 2019, NBC News reported that two clinics that had hired Barto over the years were aware of his “odd bedside manner” as well as concerns and accusations that had been leveled at him. Despite being aware of these concerns, both clinics allowed Barto to be alone with underage patients.

The clinics are now being hit with lawsuits by the mother of a then 10-year-old boy allegedly sexually assaulted by Barto. In March, a Pennsylvania judge sentenced the now 71-year-old Barto to 79 years to 158 years in prison for sexually abusing 31 victims, young patients or family members, over the course of decades, according to the Johnstown (Pa.) Tribune Democrat. He is also facing additional civil litigation.

Calls for Reform

Pennsylvania state senator Katie Muth has co-sponsored a new bill that would eliminate the current Pennsylvania statute of limitations for sex crimes against children, according to pasenate.com. Additionally, the law would provide a two-year retroactive window to enable victims who were formerly unable to file lawsuits to bring civil action against their abusers as well as the institutions that looked the other way.

The bill has been endorsed by Pennsylvania Attorney General Joshua Shapiro, who led last year’s grand jury investigation into the Roman Catholic Church and who prosecuted Barto. Shapiro says “it’s time for Pennsylvania lawmakers to do their part,” noting that he supports “Senate Bill 540 because it follows the unanimous recommendations of the Pennsylvania grand jury that spent two years examining widespread sexual abuse of children by Catholic clergy, and an institutional cover-up spanning decade.”

Move to End Pennsylvania Statute of Limitations Follows Other State Trends

Currently, bills such as the one that will end the Pennsylvania statute of limitations on criminal prosecution of sexual assault have either been signed into law or are under consideration in 35 other states.  In New York, a bill extending such protections to sex abuse survivors was recently passed in the State Assembly, giving victims until the age of 55 to sue their abusers, according to The New York Times. It also provides a one-year retroactive window for those who had previously missed their opportunity because of the old statutes of limitations. Previously, New York law only gave victims until age 23 to bring a criminal or civil case againt their abuser.

A similar bill was recently signed into law by New Jersey Gov. Phil Murphy and is scheduled to take effect in December, 2019.

The current case involving Barto serves as a reminder that sexual abuse can happen anywhere and in any situation where predatory adults in a position of trust are allowed unsupervised access to children and young people.

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If you suffered sexual abuse as a child in either New Jersey, New York or Pennsylvania by someone at a public or private institution, legal help is available. Fill out the free form on this page for more information.

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