Advocates Push for Action on Abuse Survivors’ Lawsuit Window in Pa.
University of Pennsylvania law professor urges lawmakers to pass statute creating two-year lawsuit window for abuse survivors rather than pursuing lengthy constitutional amendment process.
HARRISBURG, PENNSYLVANIA — Childhood sexual abuse survivors and advocates urged state lawmakers Thursday to pass legislation allowing older victims to file civil lawsuits, rather than pursuing a constitutional amendment that could take years to implement.
University of Pennsylvania law professor Marci Hamilton testified before a House Democratic Policy Committee hearing that lawmakers should focus on passing House Bill 462, which would create a two-year window for survivors to seek justice even after their statute of limitations has expired.
“A statute can be enacted in the next month, it can be voted on. It can become the law,” Hamilton said during the hearing on April 23.
Bills Stalled in Republican Senate
The Democratic-controlled House passed two bills last summer aimed at helping abuse survivors. House Bill 462 would amend existing state law to create the two-year window, while House Bill 464 would accomplish the same goal through a constitutional amendment.
Both measures, sponsored by Rep. Nate Davidson (D-Dauphin), have been awaiting consideration in the Republican-controlled Senate since last June. The constitutional amendment route would require identical bills to pass both legislative chambers in consecutive sessions before going to voters in a referendum.
Current Law Limits Options
State lawmakers have worked for two decades to address statute of limitations barriers for childhood abuse survivors. Until 2019, survivors had only two years after turning 18 to file civil lawsuits against their abusers.
Gov. Tom Wolf signed legislation in 2019 extending that deadline until survivors reach age 30. However, those who were already past that age when the law took effect have no legal recourse to hold accountable their abusers or the institutions that enabled them.
Hamilton, who represented victims of former Penn State assistant football coach Jerry Sandusky, argued that reviving the proposed constitutional amendment would be a mistake given the lengthy process required for passage.
Decades-Long Legislative Effort
The hearing highlighted ongoing efforts to provide justice for survivors who were previously barred from seeking legal remedies due to time restrictions. Advocates emphasized the urgency of passing the statutory approach rather than waiting for the more complex constitutional amendment process.
The statute of limitations serves as a legal deadline for filing civil lawsuits, but survivors often don’t come forward until years or decades after experiencing abuse as children. The proposed two-year window would temporarily suspend these time limits, allowing older survivors to pursue cases that would otherwise be barred.
With the bills continuing to await Senate action, survivors and their advocates are pressing for movement on legislation that could provide long-sought accountability for childhood sexual abuse cases across Pennsylvania.
