The statute of limitations for all claims for recovery of damages for injuries suffered based on intentional conduct as a result of childhood sexual abuse is the later of the following periods:
The statute of limitations is tolled until the victim reaches the age of 18. Childhood sexual abuse means an act committed against a minor that would have been a sex offense or sexual exploitation of a minor.
The statute of limitations for injuries caused by a sexual offense, assault, or other crimes against an adult is two years. In 2019, legislation removed the statute of limitations in Washington for criminal prosecution of most sexual offenses against children.
The statute of limitations for recovery of damages as a result of childhood sexual abuse is removed, eliminating the time limit to bring a claim for damages as a result of childhood sexual abuse, nonsexual physical abuse by the same perpetrator that occurs concurrently with childhood sexual abuse, or sexual abuse that continues beyond the age of majority which is part of a pattern or series of childhood sexual abuse by the same perpetrator.
This act does not eliminate the common law discovery rule for victims of childhood sexual abuse, physical abuse, and exploitation. The act applies retroactively and prospectively.
PRO: Survivors regularly underreport. Fewer still seek justice through the legal system, and those that do face barriers and hurdles. We need more opportunities to support victims, to show that justice is possible, and make this a strategy for prevention. Vermont, Maine, and many other states have similar laws. Delays happen for many reasons, including fear of reprisal and fear of not being taken seriously. Victims were excluded when the removal of the statute of limitations for sexual abuse in criminal cases was not applied retroactively. It's never too late to heal, even if the abuse happened a long time ago. When I was victimized I blamed myself and chose self harm and drug use. It took a long time to be ready to come forward. Due to the statute of limitations, motions to dismiss are filed for unjust reasons. Victims should be allowed to seek justice when they are ready. Reforming the statute of limitations has been bipartisan in the past. Statutes of limitations allow institutions which have long protected predators to escape legal consequences for their direct knowledge of abuse. Entities purposely hide and secure evidence to escape legal consequences, with the result of more children being abused. Holding institutions responsible will send a message to the institutions which are still concealing harm. We must believe survivors. It took me over a year to broach the topic of my abuse with a trusted therapist while I suffered anxiety and self blame. Learning of the statute of limitations added to my anxiety and distress. It is hard to tell a survivor that their timeline of healing does not fit within the law's timeline. The burden should shift from survivors to perpetrators and the institutions that protected them.
CON: We are concerned about complete abandonment of a statute of limitations. Judges and juries should be able to evaluate claims when the best evidence is available. Retroactivity creates due process issues because records have not been retained about past training practices and other relevant circumstances.
OTHER: We care about these children and victims. There is a better way to do this. In New York and California when claims were resurrected more than 10,000 claims were filed. A more efficient method is to set up a victim's compensation fund for claims made against public entities. Dumping claims into the court system causes diversion of funds to legal fees. Please extend the statute of limitations to age 26 and allow older victims to seek compensation through a compensation fund. Victims will come forward more readily if they don't have to undergo the trauma of telling their story through the court system.
PRO: There will not be a flood of cases. This bill is needed because the statutory discovery rule to bring claims has been turned upside down by insurance and defense lawyers to scrutinize victims lives and retraumatize them. The increase claims in other states will not happen in Washington because their population is larger and their laws were more restrictive before enacting reforms. My child who was sexually abused is much different than their siblings and struggles with life. I urge you to pass this bill to ship the financial burden of sexual abuse away from the state and families and onto the perpetrators of abuse and the organizations who turned a blind eye and let it happen. I was abused by my teacher. I survived, but I bear that cost and so do taxpayers. I urge you to do what is just and shift the burden of the cost of childhood sexual abuse. I ask you to pass this bill and add incest language to the bill. My case was thrown out due to the statute of limitations despite my father's criminal conviction with an exceptional sentence. We need to ensure that perpetrators and organizations are held accountable and change the system. The life time cost of childhood sexual abuse are associated with medical services, mental health services, loss of work and housing and legal costs. These costs can be debilitating. Removing the statute of limitations is removing one more barrier for abuse survivors, and in the long term is fiscally responsible for the state.
OTHER: We are other on this bill because while we understand its intentions, we need both a ways and a means to fund claims brought against school districts that have no funding mechanism to pay claims other than its current individual school district funding for education. When other states did this thousands of claims were filed and we need a victims compensation fund to fund retroactive liability against school and public entities.