FINAL BILL REPORT

 

 

                                   SSB 6305

 

 

                                  C 144 L 88

 

 

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge, Bailey, McCaslin, Lee, Garrett, Rasmussen, Nelson and Smith)

 

 

Altering the statute of limitations for child sexual abuse.

 

 

Senate Committee on Law & Justice

 

 

House Committe on Judiciary

 

 

                              SYNOPSIS AS ENACTED

 

BACKGROUND:

 

Many people who are sexually abused as children may not discover the abuse until later in adult life.  The statute of limitations requires the childhood sexual abuse victim to bring an action within three years of the occurrence of the abuse or within three years after the victim reaches the age of majority.  Therefore, people who have not discovered that they were abused until after the three-year rule expires are barred from bringing an action.

 

SUMMARY:

 

The statute of limitations is changed to allow victims of childhood sexual abuse an additional three years from the date of discovery of the abuse to bring an action for civil damages against the abuser for intentional childhood sexual abuse.  "Child" is defined as a person under the age of 18.  "Childhood sexual abuse" is defined as an act which violates the sexual offenses statute or an act which constitutes sexual exploitation of a minor.

 

The medical malpractice statute of limitations does not apply to civil actions brought under the childhood sexual abuse statute of limitations for intentional conduct resulting in childhood sexual abuse as defined in the act.

 

 

VOTES ON FINAL PASSAGE:

 

      Senate    49     0

      House 97   0 (House amended)

      Senate    45     0 (Senate concurred)

 

EFFECTIVE:June 9, 1988