Tuesday, November 15, 2011

Penn State: Those victimized as far back as early 1990s can still sue

The New York Times is reporting that close to 10 additional suspected victims have come forward to the authorities since the arrest of the former Penn State assistant football coach Jerry Sandusky on November 5. The police are working to confirm the new allegations.
There are eight alleged victims listed in the grand jury presentment.  The statute of limitations for criminal prosecution was extended twice since 2002.  Current law leaves the possibility criminal prosecution open until a child victim turns 50.
The statute of limitations for civil law suits is a bit shorter. The extended Statute of Limitations 42 Pa.C.S. section 5533(b) (2) was amended to provide a Statute of Limitations of 12 years from the date of a victim reaching the age of 18. The act also provides, however, that the amendment to 42 Pa.C.S. section 5533(b) shall not be applied to revive an action that has been barred by an existing statute of limitations on the effective date of the act. The act took effect on August 27, 2002.  Prior to that date the Statute of Limitations was two years beyond a victim’s 18th birthday.

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