wfn.org | [PCUSA News] Permanent Judicial Commission Scales Back Statute

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96212   Permanent Judicial Commission Scales Back Statute 
               of Limitations in Sexual Abuse Cases 
 
                      by Jerry L. Van Marter 
 
LOUISVILLE, Ky.--The General Assembly's Permanent Judicial Commission (PJC) 
has ruled that no charges of sexual abuse may be prosecuted in church 
courts if the alleged offenses occurred before June 10, 1989. 
 
     Acting on an appeal in the case of New York City vs. the Rev. John R. 
Sisley, Jr., the commission determined that an amendment to Section 
D-7.1100 of the "Book of Order" removing any statute of limitations on the 
filing of sexual abuse charges could not be made retroactive beyond the 
previous statute of limitations it replaced. 
 
     The amendment to make the statute of limitations unlimited was 
approved by the 1991 General Assembly, was subsequently ratified by the 
presbyteries and became operative on June 10, 1992.  The previous statute 
of limitations on sexual abuse allegations was three years. 
 
     "To apply the amendment in such a manner as to revive charges which 
were time barred by the previous statute of limitation would be 
inconsistent with and contrary to the fundamental and basic procedural 
safeguards guaranteed under the "Rules of Discipline," the PJC ruled. 
 
     According to the PJC's record of the case, Sisley became pastor of 
Pebble Hill Presbyterian Church in DeWitt, N.Y., in January 1969.  A little 
over a year later, he became sexually involved with a church member.  The 
affair continued for about five years.  Sisley left the Pebble Hill Church 
in 1976. The woman filed a sexual misconduct complaint against Sisley in 
October 1992. 
 
     The charge was later amended to "sexual abuse," and in April of 1995, 
Sisley was convicted of the charge by the Permanent Judicial Commission of 
New York City Presbytery, where he is now a member. 
 
     The Assembly's PJC reviewed the case on appeal during its May 16-20 
meeting in Atlanta. 
 
     "We disapprove of the actions of [Sisley] and all acts of sexual 
misconduct and misuse of position and power by an officer or member of our 
Church and that disapproval is not diminished by time," the PJC stated. 
"However, we cannot hold that the amendment to D-7.1100 has the effect of 
reviving previously barred charges...." 
 
     The Rev. Zane Buxton, manager for judicial process in the Office of 
the General Assembly, said there has been little reaction to the decision, 
positive or negative, from stated clerks around the church. "I just don't 
know how many old cases there are floating around out there," Buxton said. 

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