Sen. Kim Ward: Retroactive window for victims is no quick fix

Recently, I have been the focus of a targeted media campaign calling for passage of legislation to allow a retroactive “window” for civil lawsuits for past claims of childhood sexual abuse. The campaign has a simple message: The only path to helping these victims is this legislation.

As a legislator and champion for protecting children from sexual violence and fighting against the access of sexual predators to our kids, I know a retroactive window for victims of past abuse to sue, where the current law says they can’t, has no quick fix. There is neither case law nor legal precedent to support it.

Additionally, this legislation affects all Pennsylvanians, not just the victims of childhood sexual abuse, as it impacts all institutions, including public schools and community organizations, and changes the way our Constitution is applied.

What happened to the victims is horrendous. My heart aches for them. No one should have to endure what they, and many others, have endured. However, the fact remains that as a legislator, I must address these issues in a legal and allowable manner. Solidifying this position is the fact that the General Assembly has already taken several prospective actions to help victims, including removing the statute of limitations for criminal cases and extending the age limit to 55 for victims filing civil claims.

We also expanded the statute of limitations for a class of victims beyond childhood, 18-24 years old, another protection unique across the country. Additionally, I have supported the efforts of private organizations who have opened their own victim compensation windows, which have provided financial settlements to victims — of which, many victims took and already settled.

The argument that Pennsylvania should follow what other states have done related to a look-back window is not comparable as the law already set in some states is different from Pennsylvania law. The difference in Pennsylvania — unlike the federal or other state constitutions — is Pennsylvania’s Remedies Clause, which forbids acts of the General Assembly that would reverse an action already provided by law including the statute of limitations.

It is for these reasons I have supported a constitutional amendment that would clearly and legally allow victims to seek civil relief through the courts. The constitutional amendment approach is the most legally sound and timely approach, and it provides all Pennsylvanians the opportunity to weigh in on an issue that affects them.

In addition to supporting the actions taken by the General Assembly, I have advanced measures to protect victims of child sexual abuse. In 2011, I created through legislation the Senate Task Force on Child Protection, which made sweeping changes to our state laws, passing 16 bills to strengthen child protection laws, including child abuse reporting. I also helped build on the It’s On Us initiative in 2019, where Pennsylvania led the nation as the first state to pass legislation adding to its school code statutory requirements for addressing sexual assault at postsecondary institutions in Pennsylvania.

The lobbying efforts suggesting I am delaying justice are simply false and an injustice to the collective purpose we are all working toward.

State Sen. Kim Ward, a Republican from Hempfield, is majority leader of the Pennsylvania Senate.