Co-Sponsorship Memo Details

In the near future, we plan to reintroduce Senate Bill 406 from last session to amend Title 42 (Judiciary and Judicial Procedure) to eliminate the criminal and civil statute of limitation (SOL) for sexual abuse, assault and misconduct for all survivors, regardless of age. Our legislation will also open a 2-year civil window to revive previously expired SOL claims with a 6-month delay and prohibit non-disclosure agreements that would otherwise prevent an adult survivor from reporting. 

In prior sessions, we passed laws to eliminate the criminal statute of limitations for childhood abuse and raise the age to file civil suits from 30 to 55. This law also gave survivors, whose abuse happened between ages 18-23, until age 30 to file civil claims and 20 years after the offense for criminal claims. While this opened the courthouse doors for some survivors, it still denies many a pathway to justice. 
 
The criminal statute of limitations remains unchanged for those who are assaulted as adults and there is still a time limit for minors to file for civil suits. This crisis is indiscriminate of age; there are countless victims who have been subjected to sexual abuse, assault and misconduct in their lifetime. Furthermore, there should be no time limit to report - survivors should be able to come forward when they are ready. This legislation would abolish the criminal and civil statute of limitations for all survivors.

This legislation would give survivors access to due process now by creating a statutory 2-year civil window with a 6-month delay that should be provided to all survivors with expired civil claims. Victims who wish to come forward, but do not want to pursue a civil case now have a 6-month time period to reach a settlement with institutions. Institutions cannot pursue a settlement outside of the court process when the 6-month delay has expired. The 6-month delay provisions in this bill will begin when the elimination of the statute of limitations comes into effect and before the 2-year window begins.

Our legislation would also expand the nondisclosure agreement (NDA) prohibition to all survivors, regardless of when their assault occurred. This would effectively prevent NDAs from stopping a survivor to come forward and report the assault. 

This is a moral imperative to bring relief to all people denied their day in court, indiscriminate of when the abuse, assault or misconduct occurred. Survivors should not have to wait a moment longer for their rightful opportunity to seek justice, peace, healing, and their day in court.

Please join us in cosponsoring legislation that will empower all survivors to seek the justice they deserve.