Both bills would seek to give victims of sexual abuse their day in court by allowing more time to file claims after the current statute of limitations has passed.
Two bills recently passed the House unanimously that aim to change the state’s statute of limitations for reporting sexual abuse.
One bill gives victims a two-year window to file sexual abuse claims, if the statute of limitations have passed. The other extends the statute of limitations in adult civil sexual assault cases from two to 20 years.
House Bill 610 was introduced by Del. Jason S. Miyares, R-Virginia Beach. This bill creates a two-year time period, from after July 1 but before July 1, 2022, in which persons can file a claim for injury from sexual abuse occurring before the age of 18, regardless whether the statute of limitations expired.
“My hope is that this will enable you to have your day in court, and that’s my sincere hope,” Miyares said to victims who have suffered “unspeakable crimes.”
Miyares, a former prosecutor, said that “being in the court system, you can’t help but see” sexual abuse cases. Miyares said that he sponsored the legislation after reading a report from the Pennsylvania attorney general’s office. The report compiled the results of a two-year grand jury investigation into the claims of sexual abuse of children within six Pennsylvania dioceses. Some of the cases included dated back to 30 to 40 years ago and victims were not able to file a lawsuit because the statute of limitations had expired.
“That’s really what first piqued my interest,” Miyares said. “I just thought that was a travesty.”
Miyares introduced a similar bill in 2019. HB 1888 proposed to eliminate the civil statute of limitations for injury resulting from sexual abuse occurring during childhood or incapacity. The bill died in committee. Originally, there was some concern about the 2019 bill being broadly written, Miyares said.
“I looked at how other states have tackled it and saw that a lot of states were doing a temporary, two-year sub gap where they allowed time-barred claims to be filed,” Miyares said. “And I thought two years was probably an appropriate amount of time to get the word out.”
HB 870, introduced by Del. Jeffrey M. Bourne, D-Richmond, establishes a procedure for victims to come forward in the future and extends the time frame they have to report sexual abuse.
Bourne’s bill allows the accuser 20 years to report sexual abuse that occurs on or after July 1. This expands the statute of limitations to 20 years from when the sexual abuse was discovered, for example in counseling. Currently, this 20-year window applies only if the act occurs while the person is under the age of 18, according to lawyer Elliott Buckner, who helped create the bill.
The Virginia Trial Lawyers Association is a voluntary bar association with approximately 2,000 members. The group works to improve the state’s justice system.
The VTLA wrote HB 870 and searched for a patron, according to Buckner. Buckner, a lawyer for the Breit Cantor law firm in Richmond, said he was interested to help prepare a bill like this after an experience with a prospective client. He said his client had “the courthouse doors shut on her” because of the current law.
Buckner said that his client was groomed as a minor and that there were “repeated and specific acts” that mentally and emotionally conditioned her for the sexual abuse that occurred later.
“Because there was no sexual abuse when she was a minor, there was no extension of statute of limitations to bring a claim and there should have been,” Buckner said.
Buckner said his client was never able to have her day in court.
Both bills are now in a Senate judiciary committee.
Written by Rodney Robinson, Capital News Service. Top Photo via VCU-CNS