Bill allowing expert witnesses in sex crime cases finally out of committee

The legislation had been in the Judiciary Committee since last June. Advocates say this is the very type of testimony that would be critical in prosecuting cases like Jerry Sandusky's.

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Bill allowing expert witnesses in sex crime cases finally out of committee

POSTED: Thursday, March 29, 2012, 10:56 AM
Rep. Cherelle Parker (D-Phila.) introduced legislation to allow expert witnesses in sex crime cases.

As we report in today's City Paper, close to half a year after allegations of sexual abuse by Penn State's Jerry Sandusky broke, numerous bills designed to protect children and make it easier to prosecute predators have been languishing in committee. One of them, finally this week, made it out of committee and back onto the floor of the House. And it's a big one: HB 1264, introduced by Rep. Cherelle Parker (D-Phila.), to allow the use of expert witnesses in sexual abuse cases. The legislation had been in the Judiciary Committee since last June. Advocates say this is the very type of testimony that would be critical in prosecuting cases like Sandusky's. Of course, even if the bill becomes law, it will not apply to currently active cases.

State Sen. Larry Farnese (D-Phila.) has been fighting this battle since before the Penn State scandal broke. But last November, as the allegations against Sandusky sent shock waves across Pennsylvania, he was hoping that, finally, Republicans in Harrisburg might move forward with a smorgasbord of stalled legislation dealing with reporting and prosecuting sexual abuse of children. "This is an opportunity," he said, "for us to step back and say, as citizens of the Commonwealth of Pennsylvania, ' What do we want to do for our kids?'"

Almost half a year later — during which time a controversial voter-ID bill was enacted, abortion rights were restricted and a "Year of the Bible" resolution sailed through the General Assembly — Farnese's proposal to eliminate public pensions for municipal and state employees who commit sex crimes against minors is still stalled in committee.

Rep. Kevin Boyle's (D-Phila.) bill requiring school staff, faculty and coaches to report suspected abuse? Stalled in committee.

Rep. Louise Bishop's (D-Phila.) and former Republican representative (now City Councilman) Dennis O'Brien's bills to repeal the statute of limitations on criminal and civil sex-abuse cases, to increase penalties for failing to report and to allow for civil actions against institutions that enabled abuse ? All stalled in committee.

Farnese says there's a reason. "The governor of Pennsylvania is very clear when he wants [legislation] moved. Last year he wanted the Tort Reform Act moved; he was very vocal about that. He's been very vocal about the Marcellus Shale piece, but on other issues he remains silent. On the Sandusky issue and on protecting children and ensuring these things don't happen in the future — or if they do, that the perpetrators are justly punished — he remains silent. There's legislation in both chambers that could go a long way to protecting children that is not moving, and I think that it's disgraceful."

Last week, ahead of Philly's own clergy sex-abuse trial, O'Brien and at-large Councilman William Greenlee introduced a resolution urging the General Assembly to take action on seven of those bills introduced by Philly legislators. Greenlee says that after witnessing Bishop's much-publicized revelation, at age 78, that she herself had been a victim of childhood sexual abuse, he had to speak up. "You're talking about a child being hurt, and an adult being permanently scarred," Greenlee says. "It takes a long time for victims to come forward and say what happens."

In fact, it's the second resolution introduced in Council since the Sandusky scandal demanding action in Harrisburg (another passed in December). Greenlee admits that, as an outsider, the inaction is baffling. "People who are against these bills don't seem to move no matter some of the horrible things that seem to have happened."

So can Council resolutions like these actually make an impact? Greenlee says wryly, "They don't hurt."

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