The ground is shifting under Pennsylvania's laws on childhood abuse, and it's creating a moment for survivors to act. For far too long, the legal system presented significant barriers to survivors seeking justice. That era is now drawing to a close.
An in-depth understanding of Pennsylvania's Child Victims Act reveals that lawmakers are on the verge of opening a window for survivors to file lawsuits, no matter how long ago the abuse occurred.
If you are someone you know is a survivor of child abuse, you deserve answers and a path forward. File Abuse Lawsuit can help you find it. Call us today at (209) 283-2205.
Can I sue for child sexual abuse in Pennsylvania under the Child Victims Act?
- Yes, if you’re under 55: Pennsylvania law lets survivors file civil lawsuits for abuse suffered as a child until their 55th birthday (Act 87 of 2019).
- Revival window may be coming: Proposed legislation would allow a 2-year window for any survivor to sue, no matter when the abuse happened.
- You can sue institutions too: Even if your abuser is gone, you may have a claim against institutions (churches, schools, etc.) that allowed the abuse.
- New laws offer support: Acts like Act 23 protect child survivors during legal processes with alternatives to face-to-face confrontation.
- No cost upfront: Most attorneys take these cases on contingency, meaning you pay nothing unless you win compensation.
- You can stay anonymous: Courts often allow you to file as “Jane Doe” or “John Doe” to protect your identity in public records.
- Act now: If the revival window becomes law, it may only be open for 2 years—making time a critical factor.
What is the Pennsylvania Child Victims Act?
At its core, the Child Victims Act refers to a collection of current and proposed laws designed to give survivors of childhood sexual abuse a fair chance to seek justice through the civil court system. The central conflict lies between the law as it stands and the powerful changes making their way through the legislature.
The Mission: Correcting Past Wrongs
For decades, restrictive time limits—known as statutes of limitations—prevented countless adult survivors from suing the people and institutions responsible for their abuse. The current legislative efforts, fueled by a landmark 2018 grand jury report that exposed extensive abuse and cover-ups by the Roman Catholic Church, aim to correct this. The goal is to provide a legal remedy that was previously denied to so many.
Today's Law vs. Tomorrow's Possibilities
The distinction between the current rules and proposed changes is stark:
- The Current Law (Act 87 of 2019): Right now, Pennsylvania law permits survivors of child sexual abuse to file a civil lawsuit up until their 55th birthday. However, this rule is not retroactive, meaning it only applies to abuse that occurred after the law was enacted in 2019. It does not help survivors whose abuse happened before then and whose time limit had already expired under the old rules (more on this law below).
- The Proposed Changes (The "Revival Window"): The creation of a two-year "revival window" represents a significant shift. This proposal, which the Pennsylvania House approved in June 2025, would temporarily suspend the statute of limitations. This allows survivors to file lawsuits for past abuse regardless of when it happened. The measure now awaits action in the state Senate.
The Law as it Stands: Act 87
As mentioned earlier, Act 87 of 2019 set a new time limit: you can file a civil claim for childhood sexual abuse until you turn 55. For individuals who were abused between the ages of 18 and 23, the deadline is age 30. This was a step forward, but it left behind generations of survivors whose claims were already considered "time-barred" because the abuse happened too long ago under the old laws. The lack of retroactivity is the primary issue advocates are working to fix.
The Revival Window: A Historic Opportunity
The proposed two-year revival window is the solution to the "time-barred" claim problem. If it becomes law, it will open a temporary portal for survivors to seek justice that was previously out of reach. States like New York, New Jersey, and California have already successfully implemented similar windows, resulting in accountability for thousands of survivors and exposing hidden predators.
Understanding the Delay
Despite broad bipartisan support for helping survivors, the revival window has been mired in legislative disputes. Partisan disagreements over bundling the proposal with unrelated issues, such as voter ID requirements, have repeatedly stalled its final passage.
An earlier attempt to create the window through a constitutional amendment failed due to a procedural error when the measure was not properly advertised. This history of delays is frustrating, but the momentum for reform remains strong, as evidenced by the recent House vote.
Pursuing Accountability Beyond the Abuser
The new legal proposals also specifically target the systems that allowed abuse to continue unchecked.
Reforming Sovereign Immunity
Historically, it has been exceedingly difficult to sue government entities due to a legal doctrine called sovereign immunity. This principle generally protects government agencies from lawsuits. The proposed legislation, specifically House Bill 462, includes provisions to waive this immunity retroactively for abuse claims against state and local government bodies, such as public schools or state-run juvenile facilities.
This move was propelled by recent lawsuits, including a major filing in January 2025 against the Pennsylvania Department of Human Services, alleging decades of abuse in state-run centers.
Another was the 2018 grand jury report, which laid bare how institutions, particularly the Catholic Church, created a system of hiding and shuffling abusers instead of protecting children.
Act 23 of 2024: Protecting Child Survivors from Further Trauma
Imagine a seven-year-old, vulnerable and alone, facing their alleged abuser in a cold administrative hearing room, without the support of a lawyer or parent. This distressing situation was a recurring reality in Pennsylvania until June 2024.
With the signing of Act 23 into law by Governor Josh Shapiro, a significant legal loophole that had subjected child survivors to profound distress for decades was finally closed.
How the Old System Worked
Administrative hearings may seem dry and uninteresting, but they can be profoundly impactful. These proceedings determine whether abuse actually occurred, whether a child gets removed from a dangerous home, or whether an alleged perpetrator faces consequences.
Yet under the old system, defense attorneys could demand face-to-face confrontation. They argued it was necessary for a "fair" process. Instead, it inflicted further trauma upon children who had already suffered immensely.
The New Reality: Protection Through Innovation
Act 23 transforms this landscape entirely. Children now have advocates by their side during these proceedings—trained professionals who understand trauma and can spot when a child is becoming overwhelmed. These advocates are active participants who can object to inappropriate questioning or request breaks when needed.
The law also mandates alternative testimony methods. Instead of forcing direct confrontation, Pennsylvania now allows:
- Video testimony from separate rooms: Children can testify via closed-circuit television, answering questions while staying physically separated from their alleged abuser.
- Pre-recorded statements: In some cases, children can provide their testimony in advance, in a more comfortable setting with a trained interviewer.
- Modified questioning procedures: Lawyers must now follow specific protocols designed to be developmentally appropriate and trauma-informed.
Why This Matters Beyond the Hearing Room
When children feel safe enough to speak honestly, investigations become more accurate. When they're intimidated into silence, dangerous people remain free to hurt other children.
The ripple effects extend into families too. Parents no longer face the impossible choice between protecting their child from additional trauma and seeking justice. They can pursue accountability without subjecting their child to a legal process that might cause more harm than healing.
What a Successful Lawsuit Achieves
While no amount of money can erase the past, a civil lawsuit provides tangible resources for recovery and a powerful sense of validation. It is a way of taking back control.
Financial Awards: The Resources for Healing
Civil justice is designed to provide compensation, known as damages, to the person who was harmed. These awards are broken down into two main categories:
- Economic Damages: This is compensation for direct financial losses. It covers things like the cost of therapy and counseling, medical bills, and lost wages if the trauma impacted your ability to work.
- Non-Economic Damages: This addresses the intangible, but very real, harm you suffered. It includes compensation for pain, suffering, emotional distress, and the loss of enjoyment of life. The pending bills in Pennsylvania aim to ensure these damages are not unfairly limited.
Beyond the Verdict: Driving Systemic Change
A lawsuit is more than a request for money. It is an act of holding abusers and institutions accountable in a public forum. It exposes wrongdoing, forces policy changes, and provides a measure of closure by affirming that what happened to you was wrong and that those responsible must answer for it.
Pennsylvania Child Abuse: The Data
The push for legislative reform is grounded in stark realities. Statistics from Pennsylvania's own agencies reveal a persistent problem.
- From 2019 to 2023, authorities filed 36,386 child abuse cases involving 32,075 defendants.
- These cases resulted in 10,915 convictions during that period.
- In 2023, Pennsylvania's child abuse hotlines received 40,301 reports of suspected abuse, with 4,720 of those reports being substantiated after investigation.
Your Path to Justice Starts Today
The team at File Abuse Lawsuit is ready to listen and provide the information you need to move forward.
Call us at (209) 283-2205 to find out how we can help.
Schedule a Free Case Evaluation
FAQ: Answering Your Questions on the Child Victims Act
What is the real difference between a civil lawsuit and a criminal case?
A criminal case is brought by the state (through a prosecutor) to punish a wrongdoer with jail time or fines. A civil lawsuit is filed by you, the survivor, to seek financial compensation from the abuser and/or the responsible institution. You can pursue a civil case even if no criminal charges were ever filed. Criminal cases in Pennsylvania for most types of child sexual abuse have no statute of limitations, but this does not provide compensation for survivors.
What if I don't have physical evidence or don't remember every detail?
This is a common and understandable situation. Many survivors do not have physical proof, and trauma impacts memory. Your testimony is a powerful form of evidence. Attorneys who work on these cases use other methods, such as expert testimony and finding records from the institution, to build a strong case. We advise consulting an attorney for clarity on your specific situation.
If I file a lawsuit, will my name be made public?
Courts often allow survivors of sexual abuse to file lawsuits using a pseudonym (such as "Jane Doe" or "John Doe") to protect their privacy in public records and media coverage. This means your name may not appear in publicly accessible court documents, helping to safeguard your anonymity from the general public.
However, it’s important to understand that the accused (defendant) and their legal counsel have a right to know who is bringing the lawsuit against them. Your true identity will be disclosed to the defendant as part of the legal process, ensuring their right to a fair defense. While your name may remain confidential in public filings, it will not be anonymous to the parties involved in the case.
In many cases, courts can also issue protective orders to prevent further disclosure of your identity beyond those directly involved in the lawsuit. Ultimately, whether you can proceed under a pseudonym is up to the judge, who will balance your privacy interests with the rights of the defendant and the public.
Can I still sue an institution if my abuser is dead or cannot be found?
Yes. The basis of an institutional liability case is that the organization was negligent in its supervision, hiring, or retention policies, which allowed the abuse to occur. That claim stands on its own, regardless of whether the individual abuser can be part of the lawsuit.
What if my abuser worked for multiple institutions?
You retain the right to sue every institution that employed, harbored, or enabled your abuser. A teacher who abused students at three different schools creates potential liability for all three districts. Each institution must answer for its own failures in supervision, background checks, and response to warning signs.
Does it cost money upfront to hire an attorney for these cases?
Most attorneys handling child sexual abuse cases work on contingency fees, meaning you pay nothing unless they secure a settlement or verdict in your favor. The lawyer receives a percentage of any recovery. This arrangement allows survivors to pursue justice regardless of their current financial situation.
What happens if the institution declares bankruptcy?
Bankruptcy doesn't automatically eliminate your claim, but it does complicate the process. When organizations like dioceses file for bankruptcy, they often establish survivor compensation funds as part of their reorganization plan. You may need to file your claim in bankruptcy court rather than state court, and recoveries might be reduced depending on the institution's assets and number of claims.
What counts as "childhood sexual abuse" under these laws?
Pennsylvania's definition encompasses any sexual contact or conduct between an adult and a minor, including touching, exposure, photographing, or any sexual activity. The law also covers situations where an adult in a position of authority engages in sexual conduct with someone under 18, even if the minor seemed willing. Grooming behaviors and inappropriate boundary violations may also qualify depending on the specific circumstances.
What if I already received money from a church settlement program?
Previous settlements don't automatically bar you from filing a lawsuit, but they may affect your case depending on the settlement terms. Some settlement agreements include releases that prevent future lawsuits, while others specifically preserve your right to pursue legal action. An attorney needs to review your settlement documents to determine how they impact any potential lawsuit.