Child Sex Abuse Prevention Bill Passes Ma House & Senate Unanimously

Carmen Durso
June 20, 2014

http://www.dursolaw.com/

On Wednesday the MA House of Representatives, and on Thursday the state Senate, each unanimously passed House Bill 4126, an act which substantially extends the civil statute of limitations on suits against those who sexually abuse children.

This bill opens the Courthouse doors to thousands of childhood sexual abuse survivors who were previously barred from obtaining justice, or being able to name their abusers in a public forum. And it particularly important for those whose opportunity to file a criminal case is forever barred.

Prompted by news of the 552 victims in the Boston Archdiocese clergy abuse crisis of 2002-2003, this process started 11 years ago, with a bill filed by Representative Ronald Mariano, (D) Quincy, now House Majority Leader. Despite strong opposition from affected institutions, Rep. Mariano continued to refile, and strongly support, this measure in each session since then.

In 2012, two additional legislators, Rep. John Law, (D) Watertown, and Sen. William Brownsberger, (D) Belmont, joined this effort, and with the strong support of House Speaker DeLeo, and Senate President Murray, were able to craft a bill which garnered the approval of all interested parties.

Over the past 11 years, numerous abuse survivors, individual supporters, advocacy organizations, legislators, mental health professionals, lawyers, parents, clergymen and media reporters, have all played a significant role in keeping this issue alive, by demonstrating how wide spread child sex is and putting a human face on the affected victims.

Because there are still significant time limitations to bring suit, it is important to understand what the bill does:

A child who is sexually abused may file a civil suit against the perpetrator of the abuse, or the employer/supervisor of the abuser, until age 53.

The provision allowing claims against the perpetrator is retroactive. So someone abused in the past, will have until age 53 to bring suit. Suits against the employer/supervisor of the abuser are prospective only, that is, they can only be brought for abuse which occurs after the effective date of the new law.

However, there is also a new 7 year discovery rule with regard to both perpetrators of abuse, or the employer/supervisor of the abusers. This means that, regardless of the victim’s age, s/he may bring suit within 7 years after s/he first understands that s/he has been harmed by the abuser’s conduct. This provision is retroactive as to BOTH abusers and employer supervisors.

The 7 year discovery rule applies, regardless of the age of the survivor.

For more information, contact:

Carmen Durso

LAW OFFICE OF CARMEN L. DURSO

175 Federal Street, Suite 1425

Boston, MA 02110-2287

T: 617-728-9123

F: 617-426-7972