National Statute of Limitation Reform For Childhood Sexual Abuse.

The issue of child sexual abuse has been a longstanding problem in many societies around the world. For decades, survivors of such abuse have struggled to get justice, with many offenders going unpunished for various reasons, including statutes of limitations. In recent years, there has been a growing movement to reform these statutes to give survivors of child sexual abuse a better chance of getting justice.

Statutes of limitations are legal time limits that govern when a victim can file a lawsuit or criminal charges against an alleged perpetrator. These limits vary by jurisdiction and depend on the nature of the offense. In cases of child sexual abuse, the statutes of limitations have often worked against the survivors, as many victims do not come forward until many years after the abuse occurred. In the past, many states had short statutes of limitations for child sexual abuse, often requiring that charges be brought within just a few years of the abuse occurring or the victim reaching the age of majority. making the false assumption that evidence and memories would rapidly deteriorate over time. Thus making it difficult or impossible to prosecute cases brought years or even decades later.

However, as society’s understanding of the effects of childhood sexual abuse has grown, many states have taken steps to extend the statute of limitations for these cases. Some states have eliminated the statute of limitations for child sexual abuse. In contrast, others have extended when charges can be brought or created “look-back windows” during which survivors can file suit, even if the statute of limitations expired.

Impact of Grand Juries Reports Like Archdiocese of Baltimore and Others on Statute of Limitations Reform

Report after report continued to expose the Catholic Church as being one of the worst offenders, and after movies like Spotlight and Grand Jury Reports in states like Massachusetts and Pennsylvania proved widespread knowledge and proof of cover-up to the Vatican, a national conversation began about the need to reform the statutes of limitations for child sexual abuse cases. Most recently, we saw the explosive report out of Maryland into the Archdiocese of Baltimore that exposed over 156 predators and made Maryland one of the best new reform laws in the country.

Today, many states have enacted reforms extending or eliminating the statute of limitations for child sexual abuse cases. However, there is still much work to be done. Some states have yet to reform their statutes of limitations, and survivors in these states may still be unable to pursue justice for their abuse. Many survivors face significant barriers to coming forward, including fear of retaliation, shame, and trauma.

Despite these challenges, the statute of limitation reform movement has made significant progress in recent years. By extending or eliminating these statutes, survivors of child sexual abuse have a better chance of getting justice and holding their abusers accountable. While there is still much work to be done, the reforms enacted are an important step forward in the fight against child sexual abuse.

It’s important to note that the statute of limitations for child sexual abuse can vary greatly from state to state, and it’s always a good idea for survivors to seek the guidance of a qualified attorney to understand their rights and options. The lawyers at Andreozzi + Foote have navigated these confusing laws across the country with great success.

Current Statute of Limitation Reform State by State Breakdown

In total, 29 states and territories, Maryland, Michigan, Georgia, Massachusetts, Rhode Island, Arizona, Connecticut, Colorado, Kansas, Kentucky, Minnesota, Montana, North Carolina, Nevada, Oregon, Washington D.C., West Virginia, Arkansas, California, Delaware, Hawaii, Louisiana, New Jersey, New York, Vermont, N. Mariana Islands, Guam, Utah, and Maine have passed legislation to open “look-back windows” that have become the gold standard in righting the injustices caused by the arbitrary statute of limitations, yet among these states, the degree of the “look-back” window varies, Child USA does a great job of breaking these states down to provide a more comprehensive understanding. Michigan ranking as the worst in SOL Reform, to Maryland, Maine, Vermont, Guam the North Mariana Islands ranked the best according to Child USA.

So far, in 2023, 10  states passed new SOL reform laws impacting criminal and civil statutes of limitations for sexual abuse victims, including Florida, Indiana, Mississippi, South Dakota, North Dakota, Texas, and Washington. Of these seven passed SOL reform as of the date of this article but stopped short of opening the look-back windows, those bills are still pending action.

Keep an eye on these 17 states who are currently seeking to open some form of revival or “look-back” window: Alabama, California, Kansas, Indiana, Pennsylvania, Massachusetts, Michigan, Minnesota, Missouri, New Mexico, New York, Ohio, Rhode Island, South Carolina, Texas, Utah, and Washington.

New Revival Windows Survivors Can Access Right No

With the legislative sessions closing for the summer, many efforts are set to stall. However, in April of 2023, three states got their reforms across the finish line and opened new “look back windows” such as:

• Maryland law which eliminates the civil SOL for sexual abuse of a minor and opens a permanent revival window with damage caps of $1.5 million for expired claims,
• Kansas law eliminates the criminal SOL for CSA, trafficking, and CSAM crimes. Extends the civil SOL for CSA and CSAM to age 31 or 3 years after a criminal conviction and revives claims until age 31 or 3 years after a criminal conviction. It also lifts sovereign immunity, the $500,000 damage cap, and notice of claim requirements for CSA actions against the government,
• Arkansas law eliminates the civil SOL for sexual abuse of minors and adults with disabilities and opens a 2-year revival window.

If you are a survivor in one of these states, please reach out today to see if your case can proceed.

It is worth noting that the two states considered ground zero when it came to the exposure of the Catholic Church- Massachusetts and Pennsylvania have yet to open “look back windows” for survivors successfully.

Misunderstandings and Misperceptions of Statute of Limitation Reform

While statute of limitation reform is sweeping the nation, there is still a lot of misinformation when it comes to the importance of civil lawsuits for sexual abuse survivors, and it is actively creating barriers for those states to achieve the reforms they are seeking. It comes down to misperceptions and misunderstandings of why we need them. These “look-back windows” have created avenues for survivors to pursue their cases in civil courts allowing for the disclosure of predators and the exposure of the institutions and organizations that actively knew of and coverup up child sexual abuse.

Civil lawsuits are too often touted as a monetary gain for lawyers and survivors when most of these cases when settled, produce far more than money. In civil court, lawyers have access to more opportunities to fill in the gaps that survivors and families need for emotional healing. Even when sexual abuse survivors have access to and move through the criminal justice system, they often do not get the answers they seek due to the limitations of criminal court rules.

Discovery

Civil courts allow more access to records that will enable the survivor and their family to understand what happened in their case, who knew what and when, and what they did with that information.  In civil court, discovery gathers evidence and information about a legal dispute between private parties, such as individuals or organizations like the Archdiocese of Baltimore, Boy Scouts, the Catholic Church, etc. Civil court discovery allows each side to obtain information from the other side that may be relevant to the case to prepare their arguments and evidence for trial. The scope of civil court discovery is generally broader than criminal court discovery, as the parties can obtain information on any relevant matter to the case, even if it is not admissible at trial.

Criminal Court

In criminal court, discovery ensures that the defendant receives a fair trial by providing the defense with information the prosecution has gathered in preparation for trial. The purpose of criminal court discovery is to prevent surprises at trial and to allow the defense to prepare a defense strategy. The scope of criminal court discovery is generally more limited than civil court discovery, as it is focused on providing the defense with access to evidence directly relevant to the charges against the defendant. This may include witness statements, police reports, and other physical evidence but will not provide access to other records that can reveal much more of what was happening in that survivor’s case.

It is also important to note that in criminal court, the prosecution has a constitutional obligation to provide the defense with certain types of evidence, such as exculpatory evidence, that may help to prove the defendant’s innocence. This obligation does not exist in civil court. Civil lawsuits also allow survivors of sexual abuse to have their day in court and tell their stories, which can be an important part of the healing process. In a criminal case, the prosecution represents the state and is responsible for proving guilt beyond a reasonable doubt. This limits the sexual abuse survivor’s role—the perception of control over the proceeding and whether or not they can be truly heard.

Prevent Abuse

People often forget or overlook the biggest reason sexual abuse survivors and their families want to access civil court- to make sure no other child ever experiences what they did. The accountability that comes with exposing the perpetrator in a sexual abuse case saves lives. Period. According to research done by the Office of Juvenile Justice and Delinquency Prevention within the Office of Justice, 70% of child sex offenders have between one and nine victims. In comparison, 20% have 10 to 40 victims.

We have seen this play out headline after headline in recent years when one brave sexual abuse survivor steps forward. It often opens the door for so many others to come forward. The more access to justice we give to sexual abuse survivors, the more offenders we expose.  Statute of limitation reform is a necessary tool in ending the epidemic of child sexual abuse.  These changes are the cornerstones of advocacy by survivors, their families, and child protection organizations.  They aim to address the ongoing impact of childhood sexual abuse and give survivors a path to justice.

Restore Victims

We need every state in the country to not only eliminate their current statute of limitations for both criminal and civil cases, but we need revival or “look-back windows” to provide a comprehensive restoration for sexual abuse survivors and to prevent further victimization. Visit www.childusa.org for the status of this work in your respective state. The burden to change these laws lands squarely on those who have already been impacted the most. While this work can heal sexual abuse survivors and their families, it can also produce great stress and further trauma. We have seen sexual abuse survivors used by politicians as political pawns and promise after promise broken by the same politicians.

Sexual abuse survivors’ stories impact most when states want to extend, modify or abolish the statute of limitations. Still, we must also be mindful of the cost for the sexual abuse survivor and their families. When we ask sexual abuse survivors to show up and share their most horrific experiences continuously, it opens those wounds and can create more harm than good-especially when the changes do not happen.

This is why we need everyone in the fight to protect children from sexual abuse. I cannot think of a more worthy cause to throw your support and energy into than the protection of our most vulnerable population. Let’s all come together and collectively hold our legislatures accountable. We will see these laws pass much faster in some states where efforts have failed or stalled for years, keeping predators hidden and putting countless children at risk of sexual abuse.

We Can Help Survivors Access Justice and Healing

Andreozzi + Foote has been at the center of advocating for these legal changes across the country and bringing forth claims in states where we can. We encourage you to join us in the fight. Contact your local representatives and learn about your state’s laws. And as always, call us for a free consultation to learn more about your respective case and your state’s laws.

If you are a survivor of any of the three states who successfully opened windows (Kansas, Maryland, and Arkansas) we welcome you into our practice to help you seek the justice you deserve. Contact us today at 800-706-2764.