Look-back window momentum is expected to spur further change in Pennsylvania for child and adult sexual victims whose claims are presently time-barred.
In recent months, the headlines have been filled with jaw-dropping accounts of the sexual assault and trafficking lawsuits brought against music mogul and rapper Sean “P Diddy” Combs. There are five different lawsuits pending against him brought by women and one man in the state of New York stemming from alleged acts of abuse that occurred over the span of three decades.
If these acts took place so long ago, why did these victims come forward around the same time? How were their claims considered timely when only adult victims abused after 2019 have up to 20 years to bring suit under the most recent amendment to New York’s statute of limitations. The answer to these important questions – The Adult Survivors Act, New York State Senate Bill. S.66A/A.648A.
New York’s Adult Survivors Act created a one-year “look back” or “revival” window from November 24, 2022 to November 24, 2023. During that time, survivors assaulted when they were over the age of eighteen could sue their abusers regardless of when the abuse occurred. This Act was a victory for survivors who were not in an emotional place to come forward within the three-year statute of limitations that New York affords to adults abused prior to 2019. This legislation, like other laws being enacted throughout the country, considered the harsh reality that it can take many years for survivors to come to terms with their trauma, disclose it, and move to hold the institutions and perpetrators that failed them responsible, particularly where the victim is experiencing commonplace feelings of shame and retaliation.
Fortunately, a similar lookback window for survivors of otherwise time-barred childhood sexual abuse claims went into effect under New York’s Child Victims Act from August 14, 2019 to August 14, 2021, and was met with the filing of more than eight hundred lawsuits. Other states have also enacted look-back windows. New Jersey, for example, had a two-year window in place from December 2019 to December 2021.
In Pennsylvania, the current statute of limitations bars many adult victims from bringing suit past the age of thirty. While the Keystone State has yet to enact a look-back window of its own, the “Pennsylvania Allow Retroactive Lawsuits for Childhood Sexual Abuse Amendment” may appear on your ballot this November as a potential constitutional amendment. The amendment would provide a two-year window for previously time-barred claims.
A stand-alone bill that would let survivors file lawsuits against their abusers over a two-year window also passed through the House. If the Pennsylvania Senate sends the stand-alone bill to Governor Shapiro for signature, it could go into effect immediately. This latter approach may be the more likely avenue of recovery for victims. Although similar measures have failed in the past, the attorneys at Anapol Weiss are cautiously optimistic that a revival window will go into effect.
We are closely monitoring the status of the revival window prospects in Pennsylvania. If you or a loved one were the victim of sexual abuse and there are timeliness concerns with your claim, my colleagues and I at Anapol Weiss are available for free consultations to apprise you of your rights and help you to find a voice in holding institutions that cover up abuse accountable. You are welcome to reach out to me: https://www.anapolweiss.com/attorneys/marni-berger/.
