HOUSE BILL REPORT

HB 1494

BYRepresentatives Scott, Padden, Leonard, Moyer, Cole, Haugen, Wang, S. Wilson, Lewis, Patrick, Winsley, P. King, Pruitt, Miller, K. Wilson and Locke

Establishing the period when a person can bring an action for damages resulting from childhood sexual abuse.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (16)

      Signed by Representatives Armstrong, Chair; Appelwick, Belcher, Brough, Hargrove, P. King, Lewis, Locke, Meyers, Moyer, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY JANUARY 28, 1988

BACKGROUND:

A person wishing to initiate a civil action to recover damages for injuries caused by negligence or intentional conduct must file the action within a specified period of time after the injury occurs.  The general statute of limitations is three years.  There are a number of other time periods that apply to specific types of cases.  The time period for filing a cause of action may be delayed under certain circumstances.  If the person injured did not know of the injury and could not reasonably have discovered the injury, the time period for filing the cause of action does not begin to run until the person discovers the injury.  In addition, a person who is under a disability is not subject to the time period.  A child who is injured as a result of negligence or intentional conduct is not generally subject to the statute of limitations until he or she turns 18.

In a recent Washington Supreme Court decision, the court considered a case involving a woman who claimed to have been sexually abused by her father as a child.  She did not remember the incidents until she was an adult and after the relevant statute of limitations had expired. She argued to the court that the delayed discovery rule should apply to her circumstances, since she could not reasonably discover her injury and its cause until she had undergone therapy.  The Supreme Court did not agree and held that the delayed discovery rule does not apply in such circumstances.  Tyson v. Tyson, 107 Wn.2d 72 (1986).

SUMMARY:

SUBSTITUTE BILL:  A cause of action brought for childhood sexual abuse does not accrue until the victim discovers or reasonably should have discovered the injury and the cause of her injury.  Childhood sexual abuse is any criminal sexual offense committed by the defendant against the victim while the victim was less than 16.

This provision applies to any cause of action for childhood sexual abuse filed after the effective date of the act.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute provides that the cause of action accrues from the time the victim discovers or reasonably should have discovered the injury and the cause.  The original bill provided for accrual only upon discovery.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Nancy Tyson; Patti Borton; Mavis Tsai, Counselor; Robert Dawson, Attorney; Seth Dawson, Snohomish County Prosecuting Attorney.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    A child victim of sexual abuse frequently copes with her injury by blocking all memory of the incident.  This bill is a reasonable measure to allow the victim some compensation for the trauma and the costs of therapy.

House Committee - Testimony Against:      None Presented.