FINAL BILL REPORT

SB 5950

                              C 317 L 89

BYSenators Talmadge, Bailey and Bauer

Extending the statute of limitations in child sexual abuse cases.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

In 1988 the Legislature created a civil statute of limitations for childhood sexual abuse cases.  It provides that child sexual abuse actions must be commenced within three years of the alleged act or three years of the time the victim discovered or reasonably should have discovered the injury or condition caused by the act.

Concern exists that some child victims of abuse may for a variety of reasons be unable to communicate the occurrence of abuse to those who could bring an action on their behalf.  Application of the present statute of limitations for those children would preclude an action if they could not communicate the occurrence within the required time.

It is suggested that the statute of limitations should not begin to operate until the child reaches the age of 18.

Prior to July 1, 1988, statutory rape in the first and second degree, and indecent liberties committed against a child under 14 years of age, were the crimes governing sexual abuse against children.  Those crimes had a seven-year statute of limitations.

In the 1988 legislative session, those crimes were repealed and replaced with the crimes of rape of a child in the first and second degree and child molestation in the first and second degree.  The statute of limitations was also amended, adding the newly created crimes to the seven-year statute of limitations and deleting the repealed crimes from the seven-year statute of limitations.

The state must charge a person under the prior law if the crime occurred when the prior law was in effect, even if prosecuted after enactment of the new law.  Some courts have been interpreting the deletion of the prior crimes from the seven-year statute of limitations as legislative intent to reduce the statute of limitations from seven to three years.  As a result, some sexual abuse cases have been dismissed upon a motion that the statute of limitations has expired.

It is suggested that the three deleted crimes be restored to the seven-year statute of limitations and a section added stating that the Legislature did not, in the 1988 changes, intend to shorten the statute of limitations for those offenses.

SUMMARY:

The special statute of limitations for civil causes of action for childhood sexual abuse cases is amended to add that the statute of limitations is tolled until the child reaches age 18.

The criminal statute of limitations is amended to extend the statute of limitations for sexual abuse cases, restore the crimes of statutory rape in the first and second degree and indecent liberties if the child is under 14, and, extend the statute's application to rape in the first and second degree and incest if the child is under 14.

The criminal statute of limitations is seven years after the act or three years after the victim turns 18, whichever is later, for the following crimes:  rape of a child in the first and second degree; child molestation in the first and second degree; statutory rape in the first and second degree; and, when the victim is under 14, rape in the first and second degree, incest and indecent liberties.

Intent sections for both the civil and criminal statute of limitations changes are added.

VOTES ON FINAL PASSAGE:

     Senate   45    0

     House 97  0 (House amended)

     Senate   45    0 (Senate concurred)

EFFECTIVE:May 11, 1989