HOUSE BILL REPORT

SB 5950

As Amended by the House

BYSenators Talmadge, Bailey and Bauer

Extending the statute of limitations in child sexual abuse cases.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE APRIL 13, 1989

BACKGROUND:

CIVIL STATUTE OF LIMITATIONS ABUSE:  In 1988, the legislature created a special statute of limitations for civil actions for childhood sexual abuse.  The victim seeking damages for injuries resulting from childhood sexual abuse must file the action within three years of the alleged act, or within three years of the time the victim discovered or reasonably should have discovered the injury, whichever is later.  The knowledge of the parent or custodian cannot be imputed to the child.

Another statute characterizes a child under the age of 18 as "disabled" and provides that the statute of limitations for all civil actions is tolled until the child reaches age 18.  That express toll is not included in the specific section on the statute of limitations for childhood sexual abuse civil causes of actions.

The combined statutes toll the statute of limitations for childhood sexual abuse cases until the victim reaches age 21 or within three years of the time the victim discovers or reasonably should have discovered the injury, whichever is later.

CRIMINAL STATUTE OF LIMITATIONS FOR CHILD SEXUAL ABUSE

(1)  Prior law:  Prior to July 1, 1988, statutory rape in the first and second degree, and indecent liberties when the crime was 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In the 1988 legislative session, those crimes were repealed and replaced with the crimes of Rape of a Child in the first and second degree and Child Molestation in the first and second degree.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limitations was also amended, adding the newly created crimes to the seven year statute of limitations and deleting the repealed crimes from the seven year statute of limitations.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.

(2)  Extension of the statute of limitations:  Incest has a three year statute of limitations, as does Rape in the first and second degree, even if the victim was under age 14.  Although the state may charge the accused under other sexual abuse statutes, the more appropriate charge may be Rape in the first and second degree.

The criminal statute of limitations, unlike the civil statute of limitations, does not toll the statute of limitations until the child victim reaches age 18.

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 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.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Representative Karen Fraser; Pat Sutherland, Thurston County Prosecuting Attorney; Neil McClanahan, Thurston County Sheriff's Office; Missy Manogean, Safe Place Rape Relief; Brother David, IMPROVE; Mike Redman, WAPA; Lonnie Johns-Brown, Washington Coalition for Sexual Assault Programs, NOW.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The statute of limitations should be extended in criminal cases because victimized children may not be able to come forward until later in life and still deserve protection.

House Committee - Testimony Against:      None Presented.