PA May Change Child Sexual Abuse Law
More Than 20 States Have Recently Reformed Their Statute of Limitation for Child Sexual Abuse
Pennsylvania law allows survivors of childhood sexual abuse to file civil lawsuits against their abusers up to the age of 55.
Their law is similar to the law that existed in Maryland for years until Governor Wes Moore signed Maryland’s Child Victims Act of 2023 in April of that same year.
Maryland’s new law removed the statute of limitations (SOL) for all childhood sexual abuse survivors. Pennsylvania Governor Josh Shapiro is looking to sign a similar bill into law for his state despite pushback and stalling in the Pennsylvania Senate.
What defines child sexual abuse?
Child sexual abuse is a serious issue that must be clearly understood and addressed. It’s important to tell the difference between cases with minors and those with adults. Cases with an adult and a child under the age of 15 are child sexual abuse.
PA Laws on Child Sexual Abuse
The statute of limitations on sexual abuse in PA is no one can legally have sex with anyone under the age of 15. Any sexual act, including sexual abuse in school, sexual abuse by teachers, or a sexual act by a school employee, is 100% illegal.
Statutory rape, which is being molested as a minor, can sadly affect the survivor’s mental health for years to come.
A legal option is to file a criminal and/or civil claim to recover financial compensation.
- Clear Definition: Child sexual abuse occurs when an adult engages in sexual activities with a minor.
- Age of Consent: A minor is defined as anyone below the legal age of consent in their state. They cannot legally consent to sexual activities with an adult.
- Adult Responsibility: The responsibility to prevent these interactions lies entirely with the adult.
Recognizing these fundamentals helps in identifying and preventing child sexual abuse, ensuring the protection of children, and upholding their rights.
In Pennsylvania, the age of consent is 16 years old. However, teens above the age of consent but below the age of 18 still cannot consent to sexual relations with an adult when there is an imbalance of power.
Statutory Sexual Assault occurs when there is a significant age difference between partners and one is below the age of consent. It’s considered a felony if:
- One partner is 13, and the other is 17 or older
- One partner is 14, and the other is 18 or older
- One partner is 15, and the other is 19 or older
What is Institutional Sexual Assault in PA?
In Pennsylvania, certain relationships have power imbalances that make consent impossible, no matter the age of those involved. It’s a felony called institutional sexual assault when someone in a position of authority, like a teacher or coach, engages in sexual activity with someone at a school, jail, group home, or any other licensed facility for youth.
For example, a 17-year-old cannot consent to sexual relations with their doctor, employer, or teacher. Coaches, jailers, and religious advisors also fall under this “power imbalance” designation.
Pennsylvania refers to those kinds of situations as “institutional sexual assault.”
What Are Different Types of Child Sexual Abuse?
“Sexual abuse” is an umbrella term, but there are two main types that a specific act of sexual abuse could be categorized as physical and non-physical.
Physical forms of child sexual abuse include touching a minor’s genitals, having a child touch someone else’s genitals, penetration of an orifice, or even just kissing.
The physical forms of sexual abuse are straightforward because they are readily apparent. They can be observed and communicated.
Non-physical forms of child sexual abuse include showing pornographic material to a minor, exposing someone’s genitals to a minor, forcing a minor to expose their genitals, or taking explicit photos of a minor.
The non-physical forms of child sexual abuse can be more difficult to explain when survivors are ready to report their experience. Another term for some of this non-physical child sexual abuse is “grooming.”
Predators can groom a child by exposing them to sexual content, material, and situations without actively touching them. It is emotional and mental abuse and manipulation that is meant to familiarize the child with explicit content in hopes of taking advantage of them later on.
But let there be no mistake about it: Grooming a minor is a form of non-physical child sexual abuse. It is illegal.
If you or a loved one was sexually abused as a minor in the state of Pennsylvania, you have until the age of 55 to file a civil lawsuit against your abuser. However, there is hope that the state’s lawmakers can pass their version of a “Child Victim’s Act” to remove the statute of limitations for childhood survivors of sexual assault.
Call or text The Yost Legal Group today if you have any questions or concerns: 410-659-6800.
Facts About Childhood Sexual Abuse
Child sexual abuse is a severe and pervasive problem worldwide. In the U.S., according to the Rape, Abuse, and Incest National Network (RAINN), child protective agencies receive a verified report or evidence of such abuse every nine minutes.
Annually, more than 65,000 children fall victim to sexual abuse. This number represents individual children, not just reports or incidents. It’s a truly staggering figure.
Even more distressing is that many of these children experience multiple instances of abuse over a year.
Approximately 25% of adult women report being survivors of child sexual abuse. While the figure for men is lower at about 7.5%, this still equates to one in thirteen men, highlighting a significant and troubling issue.
Impact of Childhood Sexual Abuse on Survivors
Experiencing childhood sexual abuse is classified as an adverse childhood experience (ACE). Such traumatic events can have enduring effects on both the mental and physical health of survivors.
Research published in 2021 by Frontiers in Neuroscience highlights that survivors are at a higher risk of engaging in behaviors like drug use and self-harm. The study also notes that survivors face an increased likelihood of contracting sexually transmitted infections during their lifetime.
Furthermore, information from HIV.org emphasizes the importance of immediate intervention within the first 72 hours following a sexual assault to prevent HIV.
Girls who survive childhood sexual abuse also face the added risk of unwanted pregnancies, posing further complications to their well-being.
Common adverse side effects to surviving childhood sexual abuse:
- Post-traumatic stress disorder (PTSD)
- Depression
- Suicidal ideation
- Eating disorders
- Substance abuse
If you or a loved one is a survivor of childhood sexual abuse in the state of Pennsylvania, you have until the age of 55 to seek legal justice against your abuser and the institution that harbored them. Contact the compassionate lawyers at The Yost Legal Group today for a free consultation.
Will a “Child Victim’s Act” pass in Pennsylvania?
As mentioned, in Pennsylvania, survivors of childhood sexual abuse have until the age of 55 to file a civil suit against their abuser. That is the statute of limitation. Once a survivor turns 56, their statute has expired. There is no legal action a survivor can take from there.
Some people think giving survivors time up to the age of 55 is more than enough. However, the data does not back up that opinion because of a phenomenon called “delayed disclosure.”
In a 2020 paper titled “Delayed Disclosure,” Child USA, a national think tank for child protection, found that “the average age at the time of reporting child sex abuse is about 52 years.”
Fifty-two years might be lower than Pennsylvania’s statute, but fifty-two years was the average. With the average at fifty-two years, there are thousands of people every year who report for the first time who are older than 52 and even older than 55.
They should not lose their right to seek justice on the technicality of a few years. They are the survivors of a heinous crime and deserve their chance at justice when they feel they are prepared for it.
Child USA’s findings remained consistent in their 2024 “Delayed Disclosure” factsheet.
51% of survivors first disclosed their abuse between the ages of 50 and 69, much higher than the second-place age group of ages 30 to 49, which accounted for 17% of disclosures.
Pennsylvania’s Fight for Justice: Extending Abuse Survivor Protections
It is incumbent upon the politicians of Pennsylvania to pass whatever law is necessary to give survivors the appropriate time to come forward. A statute of limitations cutoff at 55 simply is not sufficient given everything we know about the psychology and trauma of surviving childhood sexual abuse.
Some members of Pennsylvania’s legislature are pushing for change. However, others are steadfast in their stance on not changing the statute.
Governor Shapiro had some choice words for those who wish to hinder progress:
The Yost Legal Group’s child sexual abuse lawyers are closely monitoring Pennsylvania’s statute of limitations window. If a new law is created, childhood sexual assault survivors will be able to seek justice at any time. Our sexual abuse attorneys will take cases to help them fight against their abusers.
Were you sexually abused as a minor in Pennsylvania? the compassionate sexual abuse survivor lawyers at The Yost Legal Group are here to help, listen, and provide guidance. Call or text today at 410-659-6800.