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Pennsylvania Legislation

  PCAR's Current Legislative Agenda  

Prevent rapists from asserting parental rights—HB 1984 (Sponsor: Kerry Benninghoff)

In Pennsylvania, a person who has committed rape can still assert parental rights over the victim’s child. This harms victims and their children and keeps them legally tethered to the violent crime of rape and its actor.

While there are grounds to terminate parental rights based on rape and incest, when a victim asserts this right, courts require them to go through the adoption process. Victims must have a person present who is willing to stand in as a stepparent to their child.

Requiring a victim to enter into a relationship with a person who will obtain legal rights of their child does nothing to protect victims and their children.

It is time to pass House Bill 1984 and close this archaic loophole that harms victims and their children throughout the Commonwealth. This bill will amend the Adoptions Act, allowing victims to stand on their own two feet—as courageous victims and loving parents—when petitioning for the termination of the offender’s rights to the child. They will no longer be required to have a person ready to adopt their child with them, in order for these petitions to be considered

PCAR sent a letter of support for HB 1984 to the House Judiciary Committee

End child marriage in Pennsylvania—HB 360 (Topper) and SB 81 (Sabatina): Nationally, over 250,000 children were married between 2000 and 2010, some as young as 11 years old. Child sexual abuse, statutory rape, and trafficking can be both precursors to and outcomes of child marriage. Forced child marriages most commonly involve girls who are married to older, adult men. Marriage is a legal contract, yet minors do not have full legal rights, establishing a stark and problematic power imbalance. Child marriages negatively impact victims, their families, and our larger Commonwealth. They create risks for poverty, domestic and sexual violence, poor health and mental health outcomes, drug and alcohol dependency, interrupted education, and unplanned pregnancies. It is time to establish 18 as the minimum age of marriage in Pennsylvania and support SB 81 (Sabatina) and HB 360 (Topper).

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Our 2019 Policy Successes

The Pennsylvania Coalition Against Rape is thankful to the state legislature for their work to pass more than a dozen sexual assault-related bills in 2019. Below is a list of some of the bills PCAR advocated for on behalf of survivors and their loved ones.

HB 962: Reform Statutes of Limitations

Sponsor: Rep. Rozzi

Eliminates in certain cases, and extends the criminal and civil statutes of limitations for sexual offenses. Expands the rights of victims between ages 18 and 23 to seek justice in both criminal and civil courts. The bill also expands the Victims Compensation Assistance Program to provide funds for counseling and therapy.

 

HB 1051: Hold mandated reporters accountable

Sponsor: Rep. Stephens

Increases penalties for mandated reporters who willfully fail to report child sexual abuse.

 

HB 1171: Protect one's ability to report abuse

Sponsor: Rep. Toohill

Stops non-disclosure agreements that bar victims from reporting to law enforcement.

 

HB 1402:

Sponsors: Reps. Nesbit and McClinton

Establishes sexual extortion as a crime with appropriate penalties. This bill is a model for the nation because it includes harm
toward victims and their loved ones as well as monetary extortion that often accompanies coercion of a sexual nature.

 

SB 399:

Sponsor: Sen. Langerholc

Amends the Sexual Assault Testing and Evidence Collection Act to establish greater consistencies for victims, expands victim rights and the notification of such rights, extends the preservation of evidence to the duration of the Statute of Limitations, and ensures victims have access to a sexual assault counselor from a local rape crisis center.

 

HB 502: Provide access to victims to watch court proceedings

Sponsor: Rep. Hershey

Amends the Crime Victims Act to allow victims to watch court proceedings via telecommunications.

 

HB 504: Prohibit a victim's past sexual victimization of past allegations from being admitted as evidence

Sponsor: Rep. Mihalek

Past sexual victimization or past allegations are prohibited from use as evidence.

 

SB 469: Help victims or witnesses with intellectual disabilities or autism testify in court

Sponsor: Sen. Laughlin

This bill creates another avenue for victims and witnesses with intellectual disabilities or autism testify in court proceedings.

 

SB 479: Allow statements by child victims or witnesses to be admissible in court

Sponsor: Sen. Baker

This bill allows for statements by child victims or witnesses for crimes such as sexual offenses, assault, or kidnapping.

 

SB 276: Constitutionally protect the rights of victims through Marsy's Law

Sponsor: Rep. Delozier

Marsy’s Law amended the constitution to specify protected rights for victims and protection from harassment or retaliation from the accused.

 

Act 16 of 2019 (HB 1615)

Sponsor: Re. Turzai (originally sponsored by Sen. Baker)

Require postsecondary institutions to establish online, anonymous reporting options for victims and bystanders to report sexual misconduct.

 

Act 16 of 2019 (HB 1615)

Sponsor: Rep. Turzai (originally sponsored by Sen. Schwank)

Require postsecondary institutions to provide drug and alcohol amnesty when individuals report sexual misconduct in good faith.