Philadelphia Grand Jury
In September 2005 the Grand Jury impaneled to investigate the sexual abuse of minors by members of the clergy released its findings. This Grand Jury report documents child sexual abuse perpetrated by 63 different priests in the Archdiocese of Philadelphia and the cover-up by Archdiocese Officials.
For a complete copy of the Grand Jury report please click on the link below -
Philadelphia Grand Jury Report supplied by permission of the Bishop Accountability Organization.
GRAND JURY RECOMMENDATIONS
The Investigating Grand Jury found what they considered to be a travesty of justice, a multitude of crimes for which no one could be held criminally liable under current Pennsylvania law. With the hope that the findings of the report would help ensure that nothing like this could happen in the future, the Grand Jury made the following recommendations concerning Pennsylvania law:
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Abolish the criminal statute of limitations for sexual offenses against children;
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Expand the offense of endangering the welfare of children;
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Increase the penalty for indecent assault;
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Tighten the Child Protective Services Law reporting requirement;
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Amend the Child Protective Services Law to require background checks in non-school organizations;
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Hold unincorporated associations to the same standard as corporations for crimes concerning the sexual abuse of children; and
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Enlarge or eliminate statutes of limitations on civil suits
On November 23, 2005 Governor Rendell signed into law Act 76, which increased the penalties for indecent assault against a child under the age of 13. This increased penalty was recommended by the Philadelphia Grand Jury on Clergy Sex Abuse.
The following year, on November 29, 2006, Governor Rendell signed into law Act 179, which further expanded the child protection laws in Pennsylvania. The majority of these changes were also recommended by the Philadelphia Grand Jury on Clergy Sex Abuse.
LEGISLATIVE ACCOMPLISHMENTS AS A RESULT OF THE GRAND JURY INVESTIGATION
The penalty for indecent assault was increased to a third degree felony offense in instances in which the very young victim has either been victimized on numerous occasions or who has trouble articulating whether or not there is actual penetration.
The criminal statute of limitations for sexual offenses against children was lengthened. (Although the Grand Jury recommended abolishing the time limitations, victims now have until age 50 to report their abuse; prior law allowed only until age 30.)
The crime of endangering the welfare of children was expanded. The amended law imposes criminal liability on employers or supervisors of abusers who knew of the abuse, but failed to act (or worse, concealed the abuse.)
Mandatory reporting of child abuse was expanded. This amendment closed loopholes that required victims (often young children) to report the abuse themselves and that mandated reporting only in cases where the perpetrator was a parent, guardian or caregiver. Penalties for failure to report were also increased.
The law was amended to require organizations to perform background checks for people who work with children.
SURVIVORS ACCOUNTS
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WHAT IS STILL NEEDED
The report of the Philadelphia Grand Jury revealed, in the context of the abuse of children by priests, that Pennsylvania's civil law has been inadequate to deliver justice to hundreds of victims of child abuse, to protect the public and prevent sexual predators from victimizing more children, and to deter institutions from covering up these crimes.
It is well documented that those abused by a trusted adult are most often psychologically and emotionally unable to report the devastating harm done to them until well unto adulthood. As a result, not only have Pennsylvania's child victims been denied justice, but many abusers whose offenses and identities would be exposed in prosecutions or civil suits have instead been able to continue their criminal behavior unimpeded. In addition, the civil statute of limitation needs to be changed to alter legal incentives so that no organization would benefit from covering up sexual abuse by their employees while legal liability passes.
Legislation will be introduced this session to provide victims the opportunity to seek compensation for the devastating harm they suffered and to hold accountable those who allowed it. Exposing still unknown predators is an important by-product of allowing old abuses to be redressed. Experience has shown that most sex abusers are serial offenders, preying on many victims over the years. The only hope of exposing them, bringing them to justice, and ending their access to children is through civil cases. Sexually abusive men may still be active priests, teachers, or coaches simply because their crimes were successfully concealed until the statute of limitation expired.
WHERE TO GO FOR HELP
Anyone who has been a victim of sexual abuse or has information concerning the abuse of a minor by a member of the clergy, please contact Charles Gallagher at (215) 686-8718 or email charles.gallagher@phila.gov
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