|Posted:||June 15, 2015 04:02 PM|
|From:||Representative Thomas P. Murt|
|To:||All House members|
|Subject:||Two-Year Window on Statute of Limitations for Child Sexual Abuse - Clarification|
|As you know, I recently introduced HB 951, which establishes an additional two years (commonly called a “window”) for victims of sexual abuse to file civil lawsuits when the statute of limitations has expired.
It is not clear in the case law whether victims of child pornography - those who have been filmed, photographed or otherwise depicted engaging in sexual acts or simulated sexual acts - can bring a civil suit for “childhood sexual abuse.” Under 42 PaCS 5533, “childhood sexual abuse” constitutes sexual activity “between a minor and an adult.” Many times these images do not include an adult participant.
My legislation establishes a two-year window for victims of “childhood sexual abuse,” just like HB 951, but adds additional language to make it clear that even if no adult is depicted in the images, that being filmed or photographed as a minor is “childhood sexual abuse” for purposes of 42 PaCS 5533.
Cosponsors of HB 951: ROZZI, V. BROWN, COHEN, KINSEY, McNEILL, TAYLOR, YOUNGBLOOD AND ZIMMERMAN
Introduced as HB1446