State Sen. Katie Muth, D-Montgomery, center left, embraces Carolyn Fortney, who was sexually abused as a child by a Roman Catholic Priest, during a news conference at the state Capitol in Harrisburg, Pa., Wednesday, April 10, 2019.
The report seemed a watershed moment for victims and for advocates looking to reverse decades of legal inaction against church officials.
The 18-month-long investigation – the most exhaustive state investigation into clergy sex abuse – uncovered decades-long abuse and concealment of thousands of children at the hands of more than 300 clergy across six dioceses, including the Diocese of Harrisburg.
“Predators in every diocese weaponized the Catholic faith and used it as a tool of their abuse,” Attorney General Josh Shapiro said last August as he released the findings of the investigation, surrounded by several dozen victims of child sex abuse.
The 900-plus page report became the gold standard, and in swift order, galvanized dozens of prosecutors across the country to launch their own investigations. Approximately 20 states attorney generals have launched investigations; dozens of district attorneys have followed suit.
By the fall, federal prosecutors had opened their own investigation, using subpoenas to demand secret files and testimony from high-ranking church leaders. The ongoing investigation marks the first such probe ever launched by the U.S. Justice Department into the Roman Catholic Church.
Momentum from the report renewed efforts in the Pennsylvania Legislature to strengthen laws to protect victims and prosecute predators and those who shield them.
Yet in Pennsylvania, the momentum for legislative efforts has been met with perennial hurdles that in the past have stalled and stymied legislative efforts to overhaul weak laws.
Emma Lee / WHYY
Attorney Jeff Anderson announces a suit against the Pennsylvania’s eight Catholic dioceses on behalf of victims of clergy child sexual abuse. He is joined by victim Daniel Hillanbrand and Hillanbrand’s wife, Donna.
“We are proud of how Pennsylvania began that movement,” Shapiro said. “The irony, of course, is that the reforms recommended by grand jurors have been adopted by numerous states, including two of our neighbors, New York and New Jersey, yet the Republican leadership in the state Senate has failed to even bring it up for a vote.”
The sentiment is widely shared among the victims’ community. Many claim that lawmakers are pushing back against reforms to allow the Catholic Church to reduce its liability through compensation funds, which were widely established in recent months.
“I‘m infuriated,” said Shaun Dougherty, who was sexually abused as a child by his priest in the Diocese of Altoona-Johnstown.
Dougherty last year spent days walking the halls of the Capitol urging lawmakers to vote in favor of reform. “I know why legislation is being held up and it’s infuriating.”
In September, when the Legislature reconvenes from its summer recess, the Senate will have pending two companion bills that would broadly reform the state’s child sex crimes: the bills would abolish criminal statute of limitations and call for a referendum seeking to amend the Pennsylvania Constitution to revive expired statute of limitations. Under current state law, victims must pursue criminal cases by age 50 and civil cases by age 30.
Another bill, this one from the Senate, combines those two actions, which were among the recommendations in the 2018 grand jury report.
But retroactive proposals, which call for a window of time in which victims time-barred from the courts could file civil lawsuits, have long been the primary stumbling block for similar measures.
Leaders in the Republican-led Legislature – particularly the state Senate – have long argued that such a retroactive measure is unconstitutional. Two months after the release of the report last year, a proposal to eliminate the criminal statute of limitations and revive expired civil statutes passed the GOP-controlled House with broad, bipartisan support. But the measure was defeated in the Senate in large part as a result of the retroactive component.
Given that the current House bills received support from House Republicans, it’s left to the GOP-led Senate to emerge as the game changer.
“What makes Pennsylvania unusual is that for some reason one party opposed statutory reform in the one place that there was clear evidence by law enforcement that there was a mass criminal conspiracy,” said John Manly, a California-based attorney who has represented hundreds of victims of convicted serial rapist Larry Nassar.
“The one party that has had a reputation of being tough on crime is the Republican Party and for the life of me I can’t understand why certain Republicans have gotten in the way. They not only decided they were not going to support it, in fact, they were going to block it.”
Senate President Pro Tempore Joe Scarnati said he is committed to taking up the proposed measures pending in his chamber.
“When the legislature returns to session this fall, I am committed to working with my colleagues to address the three House bills currently in the Senate pertaining to child sexual abuse,” he said. “However, as part of this discussion it is also crucial to note that over the past year the victims compensation funds set up by the dioceses in Pennsylvania have been working to give victims the financial support they deserve.”
The Jefferson County Republican for years opposed the idea of a retroactive window of time on the grounds, he argued, that such a measure would violate the state constitution. Scarnati last year backed off that position, even as he offered his own compromise proposal.
Scarnati noted that to date tens of millions of dollars have been paid out to many victims all across the Commonwealth through the compensation funds.
“Financial assistance cannot change the past, but will aid victims as they attempt to move forward,” Scarnati said.
Marc Levy / The Associated Press
FILE PHOTO: Carolyn Fortney, a survivor of sexual abuse at the hands of her family’s Roman Catholic parish priest as a child, awaits legislation in the Pennsylvania Capitol to respond to a landmark state grand jury report on child sexual abuse in the Catholic Church, Wednesday, Oct. 17, 2018 in Harrisburg.
FROM VICTIMS TO ACTIVISTS
In the wake of the release of the grand jury report, scores of victims found their voices and courage to emerge from behind self-imposed emotional barricades to tell their stories. They spoke of how they as teens or children had been forced to masturbate or grope their assailants, or had themselves been orally, vaginally or anally raped by their priest.
Indeed, the momentum calling for reform was largely fueled by victims of child sex crimes. Victims swarmed the hallways of the Capitol to urge lawmakers to support reform.
Victims now fear that Pennsylvania’s grand jury report – like previous investigations in the Archdiocese of Philadelphia and the Diocese of Altoona-Johnstown – will fade into the annals of church investigations that have over the years resulted in little consequence.
“I think some people are afraid that Pennsylvania is going to be forgotten. That it’s going to be a chapter that goes on the shelf somewhere,” said James G. Faluszczak, one of the victims on the stage last year when Shapiro released the findings.
“For those of us who found our voice because of the Pennsylvania investigation there is this implicit fear that somehow our contribution isn’t going forward.”
The report has led to the conviction of a handful of priests on child sex crime charges. But otherwise, no church official has been arrested or charged as a result of the grand jury report.
“It is disappointing to me that this investigation did not result in any charges against bishops or the institution,” said Marci Hamilton, a University of Pennsylvania law professor and victims’ advocate. “The church’s capacity to keep children at risk is really stunning in this state when you compare how much information you have out there. It’s sheer political power. This is just politics. It’s really nothing else.”
The majority of crimes detailed in the report fell outside the bounds of the statute of limitations, which victims have long said hamper their efforts to seek justice for abuse that happened decades ago.
Shapiro’s office has logged 1,862 calls to the clergy abuse hotline: 90 percent of them concern clergy abuse. Many of the leads are under investigation and some have led to charges.
Former priests John Sweeney and David Paulson have been convicted of crimes. John Allen, a former Harrisburg Diocese priest, was arrested in March.
No sitting bishops have been criminally implicated by the report. Church officials, however, have felt its weight.
In the wake of scrutiny generated by the report, Cardinal Donald Wuerl, the former Bishop of Pittsburgh, resigned from his post as Archbishop of Washington a few months after the release of the Pennsylvania report.
The report was critical of Wuerl’s handling of allegations during his time as bishop of the Pittsburgh diocese. The report mentioned Wuerl 169 times and provided details of times Wuerl intervened to stop priests accused of abuse but also times he transferred those priests to other parishes.
Across the six dioceses at the center of the grand jury investigation, priests continue to be removed from ministry amid credible allegations.
Even the Vatican has come under fire for its inaction in addressing the global crisis. Last fall, the U.S. Conference of Catholic Bishops last fall opted to “wait until after the Vatican-convened global meeting on sex abuse” for official guidance.
In May, Pope Francis outlined concrete steps to address clergy abuse, but he has widely been criticized because his measures fail to detail punishments for complicit church leaders. Francis also did not include law enforcement as part of the equation.
Marc Levy / AP Photo
Berks County Democrat Mark Rozzi has long said, the reason he has so aggressively pursued changes to Pennsylvania’s statute of limitations is that he himself was abused by a priest.
Pennsylvania’s lead protagonist in the effort to reform the statute of limitations this year came under fire from victims advocates when he got behind the two House companion bills.
Rep. Mark Rozzi has long had to push back against the constitutionality roadblock of a retroactive window. So this year, when he decided to sidestep that hurdle and back a separate effort to revive expired statutes under a constitutional amendment, victims and advocates felt betrayed.
The Berks County Democrat says he is being realistic.
“You just have to have patience,” said Rozzi, himself a survivor of clergy sex abuse. “The system does not change overnight. We have a Republican leadership. We are not in the majority. Anybody that supports sex abuse victims…we have to play their game.”
After years of seeing his reform measures fail at the last minute in the Republican-led Senate, Rozzi said he is now determined to set the constitutional argument to rest by asking voters to approve an amendment to the state constitution allowing a retroactive window for victims to sue in civil court.
Rozzi’s bill would also remove sovereign immunity in civil claims, meaning that if an institution (specifically, a church or diocese) has known about child sex crimes, it would be held responsible.
Indeed, the states that have passed retroactivity reform have been Democratic led. New York, specifically, for years under a Republican Senate majority, stalemated the reform efforts to child sex crimes. It wasn’t until after Democrats gained control of the Senate in last year’s midterm election, that the state’s Legislature enacted wide reforms.
The reform enacted in Tennessee, a deep Republican state, does not include retroactivity. The Montana state legislature this year opened a one-year retroactive window against institutions and perpetrators who are alive and have been convicted of or admitted to the abuse.
Meanwhile, victims and advocates continue to decry the political might of the Catholic Church, which they say has the financial muscle to sway lawmakers to stall or block reform.
In a statement to PennLive, the Pennsylvania Catholic Conference said:
“The Pennsylvania Catholic Conference has noted several changes at the diocesan level over the past year. These include the introduction of various compensation funds for survivors of clergy abuse.
The PCC, meanwhile, continues to lobby on a wide variety of issues that we see as important to our Catholic faith such as criminal justice reform, human trafficking, health care, the sanctity and quality of life, poverty, education and many others.”
Advocates note that states generally have enacted statute of limitations reform once the church completes the compensation fund process.
Across Pennsylvania, the six dioceses at the center of the grand jury investigation have rolled out their respective compensation funds, all of which feature different parameters to award cash settlements to compensate victims of clergy sex abuse.
Few survivors who have filed for compensation have been willing to talk about the process. Many say it is a deeply personal decision; and the process is confidential. The dioceses do not release settlement amounts.
Marc Levy / Associated Press
Survivors of child sexual abuse hug in the Pennsylvania Capitol while awaiting legislation to respond to a landmark state grand jury report on child sexual abuse in the Roman Catholic Church, Wednesday, Oct. 17, 2018 in Harrisburg, Pa.
Across the country, compensation awards have paled in comparison to court settlements.
But even that is negligible to some victims.
“We’ve said a bunch of times that it’s not about money,” said Dougherty, who was sexually abused as a child by his priest in the Diocese of Altoona-Johnstown.
“You are lumping us all in one category and the fact is that every victim is different,” he said. “You can’t put a generic one-size-fits-all cap on all of these victims and expect them to be ok. The main thing that the Catholic Church is gaining through these compensation funds is that they are still protecting the identity of predator priests and it gets to cover up these cases.”
One Pennsylvania diocese has linked financial hardship to the compensation fund. The Diocese of Allentown has reduced its workforce by a quarter in order to free up money for its fund. The reductions affected 23 of the diocese’s 96 workers and not parish staff.
One victim of clergy sex abuse, speaking on background to PennLive because he has not come out about his abuse, described the compensation fund process as putting the onus and burden on the victim.
“The compensation fund is good for those who need it and there are those who will not survive litigation,” Hamilton said. “I have no doubt we will see potential Chapter 11 bankruptcies. They turn the process focus on the diocese….So far in the state of Pennsylvania the bishops and dioceses have been permitted to get off. They’ve been given a tremendous amount of time to get pennies on the dollar settlements.”
The Diocese of Pittsburgh has spent $10.8 million on victim compensation and legal fees related to sexual abuse by clergy over nearly three decades, the Pittsburgh Post-Gazette recently reported.
THE PENNSYLVANIA CONUNDRUM
Pennsylvania continues to lead the country in investigations and prosecutions of sex predators ranging from Jerry Sandusky, Bill Cosby, pediatrician Jack Barto, Bucks County’s Solebury School and the string of investigations into clergy sex abuse across the Archdiocese of Philadelphia and the Diocese of Altoona-Johnstown.
One year after the release of the report, the enduring conundrum over reform to the statute of limitations continues to confound victims and advocates.
Shapiro remains inspired and disappointed.
“I‘m inspired by the victims and survivors who have found the strength to tell their stories and I‘m disappointed that the Republican leadership of the state Senate has failed to act on the full recommendations contained in the grand jury report,” he said.
Matt Rourke / The Associated Press
Bishop Ronald Gainer, of the Harrisburg Diocese, arrives to celebrate mass at the Cathedral Church of Saint Patrick in Harrisburg, Pa., Friday, Aug. 17, 2018.
Shapiro said that based on conversations with Senate lawmakers, the chamber could easily get 40 votes on the reform measure. He is confident that, given the tireless effort from advocates to push for reform, the Republican leadership will relent and the measure – or measures – will advance to the governor’s desk.
Shapiro is backing the Senate bill, which contain all four recommendations handed by the grand jury.
“I don’t get a vote,” Shapiro said. “I’m law enforcement, not a lawmaker, but I would hope that lawmakers would understand the wisdom of these four reforms that came from 23 grand jurors who heard the testimony over nearly a two-year period and were tasked with coming up with reforms that would ensure something like this would not happen again.”
In recent weeks, victims have gleaned hope from a court decision widely seen as a game changer.
In June, the Superior Court found the lawsuit filed by Renee Rice against the Catholic Diocese of Altoona-Johnstown had merit because she did not get all the facts about the conspiracy and cover-up of her molestation until after a grand jury investigation into that diocese. The judges ruled that, as a result, her pleadings could not be held to the statute of limitations.
“The question is what is the conduct of the diocese and the bishops in the conspiracy, fraud and constructive fraud causes of action,” said Richard Serbin, who is Rice’s attorney. “That’s what the court looked at.”
“It would be impossible to know the information that came out in the grand jury report. Why? Because the diocese placed this information in secret archives. They denied until recently any responsibility and they never warned the victims. They never warned parishioners.”
Serbin said the court ruling could prompt hundreds of time-barred victims to renew lawsuits.
In late July, a 67-year-old former Milton resident filed a similar lawsuit against the Diocese of Harrisburg and two of its officials, including Bishop Ronald Gainer. In his lawsuit, Donald Asbee claims the diocese and its bishops failed to fulfill their obligation to him as an active member of a parish church.
Matt Rourke / The Associated Press
Former priest James Faluszczak, who says he was molested by a priest as a teenager, reacts as Pennsylvania Attorney General Josh Shapiro speaks during a news conference at the Pennsylvania Capitol in Harrisburg, Pa., Tuesday, Aug. 14, 2018.
In the meantime, dozens of survivors are poised to roll out a newly formed statewide organization – Pennsylvanians United to Protect Children. He described the organization as a watchdog group.
Dougherty said the group will be focused on ensuring the recommendations laid out by the grand jury are enacted.
Faluszczak, a former priest who, as a child, was sexually abused by his own priest, is confident that the report, while seeming to languish, will eventually impact major changes in time.
“When we look at this 10 years from now, we are going to say we were on the ground floor of a movement,” he said. “I think it’s going to change this country. We just don’t have the benefit or security of that long view right now. I think that is why we are seeing pessimism. I think it’s unfounded.”
Faluszczak worries about victims who are now in their 70s and 80s.
“If there is a sense of urgency that has not diminished is that there are people whose lives are precarious either because of age or tragedy – the trauma they experience,” he said. “To me it’s a moral issue that the Senate and Legislature take this up and resolve the need for statutory reform. The root of pessimism is the fact that victims’ lives are hanging by a thread. We don’t want to lose anyone else to suicide or overdose or because they are elderly and pass away.”