CIVIL STATUTES OF LIMITATION

Goal: For all states to allow victims of childhood sexual abuse to bring civil actions as a result of the abuse by eliminating the civil statutes of limitation. In addition, that all states include a “window” provision that would allow child abuse victims whose claims have been barred in the past.

Why? By some estimates there are over 39 million survivors of childhood sexual abuse in America today. It is very likely that as many as 90 percent of those survivors never reported the abuse to law enforcement, and more than 30 percent will never report the abuse to anyone. It has been clearly established in the mental heath field that latent injury from childhood sexual abuse may not manifest itself for a long time. As a result of this silence, the psychological and fiscal impact on the individual and our society is immense. It is in this environment that many perpetrators remain anonymous and are allowed to continue to offend even into their 70’s and 80’s.

Why? Because criminal prosecution of childhood sexual abuse is difficult and rare., prosecutors are often supportive of civil actions as a way to expose predators, and institutions who allow the abuse, as an additional tool in preventing further victimization.

Delayed discovery of injury: A victim of fraud may not know they are “injured” for some time after the actual crime; and therefore, the statutes of limitation on fraud do not commence until the victim actually discovers their “injury” is a result of the fraud.” The same should apply to a child who is sexually abused. As a result of the trauma suffered by the child he or she may not discover their injuries—and that their injuries are a result of the sexual abuse—until much later in their lives.

The result: Some say this law will result in “never ending claims” that are so old that it would be impossible to defend. There is no honest basis for this claim. Most states have strict rules covering frivolous lawsuits and it is the plaintiff who must prove their case. Therefore, the age of a case is a natural impediment to the plaintiff. Indeed, if there are no records, or no credible memories, there should be no worry.

The real result: The exposure of pedophiles and sexual predators who often avoid criminal prosecution because of the lack of reporting to law enforcement and the lack witnesses and physical evidence even if it is reported.

Prevention: With more offenders identified there is less opportunity for further victimization. In addition, with the threat of exposure of civil claims more and more institutions will pay extra attention to hiring practices and other preventative measures to lessen opportunity for predators to groom victims.