Bill allowing child sex abuse survivors to file lawsuits as adults once again faces uncertain future in Pa. Senate

Apr. 12—Mark Rozzi hopes that the time has finally come.

Since the first day he stepped onto the floor of the Pennsylvania House of Representatives eight years ago, the Muhlenberg Township Democrat has been fighting for the rights of survivors of childhood sexual assault.

He has tried and tried again to pass legislation to establish a window for those sexually abused as children to file civil claims against those responsible.

The battle has been personal for him. It has been a chance to channel his own struggle with the memory of being raped by a priest as a teen into a mission to secure justice for his fellow survivors.

But session after session the legislation has stalled in the state Senate, with opponents claiming the provision is unconstitutional and would open a floodgate to lawsuits over acts that occurred decades ago.

Rozzi, however, has never given up.

So now that the House once again approved the legislation last week, he said he will be working around the clock in the weeks to come to convince his colleagues in the Senate to finally do the same.

"It's time we move forward on this," he said shortly after the proposal was sent to the Senate by a vote of 149-52. "These survivors should not have to wait a minute longer to get the justice they rightfully deserve."

A derailed path forward

The push to pass the legislation through the Senate for the third time comes after an error this year sidetracked the effort to get a constitutional amendment before voters that would have opened the window for litigation by survivors.

In February, the Pennsylvania Department of State announced that officials discovered a mistake that would block voters from deciding this spring whether to allow survivors to sue those responsible.

The mistake was that the department did not advertise, as required, the proposed amendment. That meant the lengthy process had to be restarted.

Rozzi was devastated by the revelation. He told the Reading Eagle shortly after learning of the situation that he was heartbroken for all the victims who thought they were finally going to get the justice they deserve.

The constitutional amendment now needs to be passed by both chambers during the next legislative session before going to voters for final approval as a referendum. And the earliest that could happen will be spring 2023.

Taking a dual approach

Reeling from the mistake at the Department of State, supporters of the effort unveiled a plan to use a coupled approach — push for statutory legislation now and continue to back the constitutional amendment.

Rozzi said he feels this approach is the best way forward.

While the legislation could provide the window in a matter of months, the constitutional amendment process could provide a solid legal foundation against nearly inevitable legal challenges.

And that solid legal foundation may be needed even if the legislation makes its way through the Legislature because the legislation includes language that the state Supreme Court has the sole authority to immediately review challenges to its constitutionality.

Rozzi said that means if the court rules the legislation is constitutional the lawsuits can proceed and the effort to pass the constitutional amendment will be scrapped. But if the court rules the legislation isn't constitutional, the lawsuits are halted and the effort to get a constitutional amendment before the voters continues.

An uncertain future

But for that to happen the legislation has to pass through the Senate.

Rozzi said he feels confident there's enough support in that chamber but remains uncertain whether the Republican leaders will bring the bill to the floor for a final vote.

Speaking to The Associated Press on Wednesday, majority GOP caucus spokesperson Erica Clayton Wright would not say if the bill will be called up for a vote or if it has the support of Senate Majority Leader Kim Ward.

"As the Senate comes back to session, we will be working for the people of Pennsylvania to address how to responsibly allocate COVID-19 stimulus funding to help reopen our state, prepare to pass an on-time budget and move forward with the governor's cabinet confirmations," Wright said in an email to the AP.

Rozzi said the decision to place the legislation on the floor for a vote will ultimately depend on Senate President Pro Tempore Jake Corman.

"We know Corman told victims last fall that he would like to see the dual process happen and told them he thinks he has the votes to pass the statutory bill," Rozzi said. "Now we will have to see if he sticks to his word."

The Senate will return to Harrisburg on April 19.

Rozzi said he hopes his colleagues will recognize the need to act quickly on this legislation and take a vote soon after they reconvene.

"I believe the support is there in the Senate — all they have to do is call for a vote," he said. "And I can guarantee that the victims will be watching to see if these lawmakers are going to stand with the them or if they are going to stand with the predators."

Rozzi added that the vote is about more than getting justice for those who have been abused in the past. It's about preventing future generations of children from being abused.

"There are so many predators out there that we don't know about," he said. "We need this law so that we can expose them and make sure that they are never allowed to abuse another child again."

Sen. Judy Schwank said Rozzi can count on her support.

"I am ready to vote for the bill when the Senate returns to session," the Ruscombmanor Township Democrat said last week. "There is no reason for any further delay. After many years of debate, stalled legislation and the failure to get a constitutional amendment on the ballot, it's past time to bring this issue to a vote."

She said she hopes lawmakers don't disappoint survivors, noting that they have waited long enough.

The senator recalled meeting Rozzi's mother, Grazia, in 2011 shortly being elected and being struck by the anguish in her voice as she told her what Rozzi experienced as a child.

"After hearing her troubling account and meeting with many other victims of childhood sexual abuse, it strengthened my resolve that the Legislature must act to help these survivors find justice," she said.

Sen. Bob Mensch, a Montgomery County Republican who represents parts of Berks, declined to share how he will vote on the legislation.

"My vote will be my vote on the floor, so I can't and won't share beforehand," he said last week. "I will comment that I have voted for a statutory solution several years back, but I will wait to commit until the bill works through the Senate process."

Sens. Dave Argall and Katie Muth, the other two senators who represent parts of Berks, did not respond to a request for comment on whether they would support the legislation if brought to the floor for a vote.

___

(c)2021 the Reading Eagle (Reading, Pa.)

Visit the Reading Eagle (Reading, Pa.) at readingeagle.com

Distributed by Tribune Content Agency, LLC.