The highest-ranking member of the Pennsylvania Senate on Wednesday seemingly dashed the hopes of thousands of adults who were abused as children by priests or other predators and who hope for some legal redress in court.

In the wake of a bombshell grand jury report detailing widespread and systemic abuse of more than 1,000 children in six Catholic dioceses, Senate President Pro Tempore Joe Scarnati said only a change to the state Constitution could compel a reform to the statute of limitations.

In a written statement, Scarnati signaled that the Legislature would likely take no action to reform the law and allow for a retroactive component that would allow victims who have timed out of the legal system to be able to file civil lawsuits.

"Many survivors continue to advocate for legislation which would include a retroactive component," Scarnati said in a written statement. "While I fully appreciate their passion for this issue, it does not change the unconstitutionality of the reviver in light of Pennsylvania's Remedies Clause in our constitution, which prohibits a retroactive change to civil and criminal statute of limitations. The possibility of allowing a reviver by constitutional amendment has also been raised. I would support a constitutional change, however it is an extended process and has no absolute certainty."

Pennsylvania's Senate President Pro Tempore Joe Scarnati, R-Jefferson County

The vast majority of cases outlined in the findings of the 40th Statewide Investigating Grand Jury report are outside the legal bounds of the statute of limitations. That means that alleged offenders cannot be sued in court.

Reforming the statute of limitations was among the several recommendations made by the 23 members of the grand jury.

The report, released on Aug. 14 by state Attorney General Josh Shapiro, identified more than 300 priests as credibly accused of criminal child sex crimes. To date, only a handful of priests have been charged; one has pleaded guilty. Shapiro this week reiterated that the trail of cover-up unearthed by investigators led all the way to the Vatican.

In the wake of the report, which covered six of the state's eight dioceses, victims and victims advocates have been calling for the Legislature to once and for all amend the statute of limitation.

Under state law people who were abused before they turned 18 must file civil suits before they turn 30. Criminal charges must be filed before the accuser turns 50. Victims advocates say those narrowly defined parameters leave legions of traumatized victims without any legal recourse.

Scarnati noted that the Senate last year unanimously passed his bill - Senate Bill 261- "to strengthen laws" as they relate to child sexual abuse. The language currently contained in Senate Bill 261 has no known opposition, he said, urging the House of Representatives to act on the bill.

"The brave men and women who have come forward to shed light on this tragedy are no doubt courageous survivors who deserve our support," Scarnati said. "No action we take in the legislature can remove the pain and horror these victims have endured. Discussions must continue to take place about how to help survivors in constitutionally appropriate ways."

Scarnati's bill would give child victims until age 50 to bring civil lawsuits against abusers or those employers who were allegedly negligent in failing to stop them. Currently, that window closes when victims reach age 30.

Further, it would lift all time limits on criminal prosecutions for future acts of child sexual abuse, as well as civil lawsuits brought against the abusers or anyone who knew of the abuse and failed to act on it. It provides no retroactivity provisions for past abuse victims to file claims.

Rep. Mark Rozzi, a prominent victims advocate, said victims of childhood sexual abuse bear lifelong scars of the economic, physical and mental impact. He said victims deserved restitution for the egregious crimes perpetrated on them by clerics and the hierarchy that protected abusers.

"What victims really want, and really need, is justice. They want their day in court," said Rozzi, a Berks County Democrat, who was himself sexually abused as a child by his priest from the Allentown Diocese.

"This is a public safety issue. All of these predators that have been let go. Where are they? They need to be identified and held accountable, and so do the organizations that have given them cover. As for the constitutionality of a revival provision? Not one legislator in this General Assembly is a constitutional law expert. Not one."

Rozzi intends to amend the Senate bill to provide a two-year window of time for all victims of past abuse to come forward and seek justice. Rozzi is banking on growing public outrage in the wake of mounting sex abuse scandals involving children and adults, including the one in the Catholic Church.

"Pass the two-year window for all victims," Rozzi said. "Stop the political gamesmanship. Leave it up for the black robes of the PA Supreme Court to decide. It's that simple. And it's what the public is demanding."

Sen. John DiSanto, R-Dauphin County, a practicing Catholic, said, "I am obviously very troubled and concerned about it. I wasn't really surprised by the report but it's very troubling and hurtful when it's in your own backyard. You've seen what's happened in Boston, Los Angeles, Milwaukee, so it's not a surprise in that sense. But it's very troubling and makes you wonder a lot. "

He said his primary concern is the victims and thinks the perpetrators need to be charged and get their due process "as troubling as that is to give them due process and suffer the consequences."



DiSanto said he is about a quarter of the way through the report.

"It's very difficult. I read so much I just go that's enough and try to reconcile it and see how we can move forward."

DiSanto voted for Scarnati's bill and likes how it eliminated the criminal statute of limitations and gave survivors the opportunity to go after institutions as well and broadens availability of redress for survivors.

He said he will ultimately give the bill careful consideration.



"I believe the retroactivity is questionable if it's constitutional or not and that's why I voted for [Scarnati's Senate Bill] 261 and I just have to see what the House does and give it serious consideration," he said. "I don't know that anybody knows what's going to come over from them if anything. I'm sure they're going to take it up but there's a chance it may not even come over [to the Senate]."



DiSanto said he believes victims need justice and people need to be held accountable.

"I don't believe the church is going to be able to move forward and heal until this issue is dealt with in an open and honest manner," he said.



Sen. John Eichelberger, R-Blair County, as a member of the Senate Judiciary Committee, said lawmakers have spent a lot of time vetting this issue. He has been waiting on the House to act on it. He is hoping the Senate bill gets through the House in the same form it left his chamber. He echoed the sentiment that while the Senate bill broadens the law, the questions surrounding the constitutionality of retroactivity is why he thinks it is best left out of the bill.

If that would be allowed, "it'll come up in other ways that will destroy our government's ability to make a commitment and [if the Legislature goes] back on it at some point in the future, I don't think that's good," Eichelberger said. "We didn't do that with pensions. We didn't do that with anything. You can't have a promise made by the government and then go back and take it away."



The grand jury report didn't change anything about his view on retroactivity.



"As legislators we got to put things through a more stringent review process to make sure we're looking at constitutional aspects and long term effects it'll have on the law in Pennsylvania," he said. "We have a greater responsibility to look at that" than the grand jury had.





Staff writer Jan Murphy contributed to this report.