Children's civil rights org releases new statutes of limitations report

CHILD USA's report outlines the status of child sex abuse laws and the statutes of limitation in all 50 states

A new report on the status of child sex abuse statutes of limitation (SOL) reform spanning all 50 states was recently released by CHILD USA. The report covers the years 2002 through 2021.

“CHILD USA also ranks the laws of all 50 states and D.C. against each other, so the reader can see how their state compares to others. This is a useful tool for anyone who needs to understand what the current statute of limitation is in a particular state, and how the law developed since 2002,” according to CHILD USA.

CHILD USA, is a 501(c)(3) nonprofit that describes itself as a “think tank dedicated to protecting kids and preventing abuse, built on the extraordinary work of two leaders in the field.”

The 230-page report contains a comprehensive look at SOL reforms nationwide and heralds the work as a “civil rights movement for children and victims of child sexual abuse” that was “spurred by the Boston Globe’s January 2002 Pulitzer Prizewinning Spotlight series on the cover-up of clergy CSA committed by Cardinal Bernard Law of the Boston Archdiocese.”

“Many victims of CSA suffer in silence for decades before they talk to anyone about their traumatic experiences,” the report’s introduction reads in part. “As children, CSA victims often fear the negative repercussions of disclosure, such as disruptions in family stability, loss of close relationships, or involvement with the authorities.”

The report also details that as a result of “barriers to disclosure,” the delayed reporting by survivors of child sex abuse is not surprising and the report gives the following examples:

• In a study of survivors of abuse in Boy Scouts of America, 51% of survivors disclosed their abuse for the first time at age 50 or older.

• In one study, 44.9% of male victims and 25.4% of female victims of CSA delayed discussing their abuse with anyone by more than 20 years.

• Between 70% and 95% of child sexual assault victims never report the abuse to authorities.

• Research has found a higher rate of PTSD symptoms in CSA victims delaying disclosure compared to those who did not delay disclosure.

The report does not mention specifics in K-12 education, however, a report commissioned by the U.S. Department of Justice (DOJ) estimated that one in ten K-12 students will experience sexual assault or abuse at the hands of school staff before they graduate.

Some of the topline findings of the DOJ’s report are disturbing, but unsurprising given the increasing numbers of arrests of educators and education employees being reported in all 50 states, including in North Carolina.

Some of the topline findings include a single offender can have up to 73 victims and employees who are popular or even cited with awards and honors are likely to be offenders as are those who have one on one contact with kids.

One line item speaks directly to the weak reporting and penalties states deploy when it comes to students being sexually abused in schools, stating that “Despite the law requiring reporting of sexual misconduct incidents, only an estimated 5% of incidents known to school employees are reported to law enforcement.”

North Carolina’s laws and SOL status are covered in the CHILD USA report on pages 94 through 96.

In New Hanover County, the civil action case against the school board in that county involving convicted former teacher Michael Kelly includes the revival law. The judge, in that case, turned down multiple motion attempts to dismiss made by defendants and has turned the revival law portion over to a three-judge panel for review and adjudication.

The terminology used in the CHILD USA report may be unfamiliar to the general public and the report includes a series of definitions for those terms. I’ve included an abbreviated version below for the convenience of my readers.

1. Statute of Limitations: The SOL for CSA crimes is identified as either an age cap or a time limit. Similar to a civil age cap, a criminal age cap gives victims of CSA until a certain age to work with prosecutors to bring criminal charges.

2. Tolling Theories: Many states have identified tolling theories, or situations that justify giving a victim and the state more time to prosecute a defendant for CSA crimes. When the perpetrator is out of the state or flees from the state, the SOL often pauses until they return, or for a certain period of time. Many states used to have a DNA rule, which restarted the running of an SOL when a defendant was identified through a DNA match in a rape kit.

Additional explanations of terminology used in the report are abbreviated below:

1. Age Caps: Each state gives victims of CSA until a certain age to file a civil lawsuit, called the age cap.

2. Revival Laws: Revival laws establish a specific period of time during which survivors can bring previously-expired civil claims to court.

3. Discovery Tolling: A discovery rule is a law that says the SOL time countdown does not begin until a person is aware of their injuries relating to CSA or makes the connection that their injuries were caused by abuse.

4. Liability Limitations: Institutions like the government and charitable organizations are often protected from being sued in civil court for their own negligence or for bad acts of their employees or agents, which impacts whether a victim can bring a claim, when notice of claim must be given, and the amount and types of damages recoverable.