Pa. Lawmakers Try To Force Window Bill From Committee
Window reform legislation has been held hostage by the Roman Catholic Church and the insurance industry in the Pennsylvania legislature.
Amy Worden reporter for The Philadelphia Inquirer reported today on efforts to discharge the Bill to give protection to survivors of childhood sexual abuse in Pennsylvania. See http://www.philly.com/philly/news/politics/159514635.html
The press reported that the spokeswoman for the Pennsylvania Catholic Conference said abolishing the statute of limitations in criminal and civil cases would make it “impossible for organizations to defend themselves” and would “only result in a flood of lawsuits and big checks for lawyers.” “The passage of time makes it nearly impossible for a church or any organization to defend itself against allegations from 30, 40, or 50 years ago,” she said. “Over time, evidence is lost or never found, witnesses’ memories fade, and in many instances perpetrators or witnesses may be deceased.”
This false claim has no merit. If there is insufficient evidence for the church to defend itself then any court case will be thrown out by the trial judge under an as applied due process defense.
But the church keeps records like the Nazis. There are always incriminating records to buttress live testimony by the survivor, other live corroborating witnesses, and witnesses still living who are found within the church structure.
The revival of the cause of action under a window reform Bill in PA is just a ticket into the courthouse, nothing more. You still have to prove your case or its gets tossed by the judge.
No Delaware case of over 160, ever was ever tossed by a judge, whose job is to see that due process is accorded. In fact there is strong language in the Sheehan v. Oblates of St. Francis de Sales Delaware Supreme Court decision on the due process as applied defense by the church which failed there.
After upholding the constitutionality of the Delaware Child Victim’s Act of 2007, the court found “abundant evidence – including the Oblates’ own records demonstrating prior knowledge of Norris’ sexual abuse of children and his many other problems.” 15 A3d at 1260. That abundant evidence came from the mouth of living church witnesses, living survivor witnesses and a ton of church business records documenting the prior notice of the chruch about the dangerousness of its priest.
So much for the false claim that the church cannot defend itself since there is never any evidence against it.
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