Alabama One of the "Worst" States for Adult Victims of Child Sex Abuse to Seek Civil Remedies

By John Sharp
AL.com
December 12, 2014

http://www.al.com/news/mobile/index.ssf/2014/12/alabama_one_of_the_worst_state.html

Georgia state lawmaker Jason Spencer wants to reduce the restrictions of his state's statute of limitations on victims of child sex abuse to file civil claims. Georgia, along with Alabama, are considered two of the five worst states in U.S. when it comes to victims seeking civil recourse. Alabama, thus far, has not proposed any changes that would allow victims -- over age 22 -- to seek civil remedies.

Children victimized by sexual abuse can get free services until adulthood.

After age 18, the expenses kick for continued treatment.

In addition, research continues to indicate between 60 to 80 percent of children withhold disclosure of sexual abuse during childhood until they reach an adult age.

It can be a costly and traumatic experience, one that Alabama is ranked as one of the "worst" in the U.S. in terms of aiding victims through the civil court system.

"That cost to the public is enormous, because the victims typically have about $1 million over their lifetime in needed therapy," Marci Hamilton, professor at Benjamin N. Cardozo School of Law in New York and an author on the topic, said.

Hamilton, an expert in the statute of limitation laws throughout the U.S., tracks what each state does in terms of loosening restrictions on when a victim can file civil claims.

The settlements, she says, can help provide financial relief to seek therapy throughout the victim's lifetime.

Alabama law requires child sex abuse victims two years after their 19th birthday to bring forward a civil suit - the same time frame for victims of battery and other offenses. In other words, after age 22, there is no chance to seek civil remedies.

The strict time frame makes Alabama one of the five "worst" states in the U.S. when it comes to child sex abuse victims filing civil claims, according to Hamilton.

Alabama does not have a statute of limitations for child sex abuse victims seeking criminal charges, one of 37 states to do so.

Mississippi, Georgia, New York and Michigan are also included in the "worst" category, but in some cases, there have been efforts to improve things.

Georgia, for instance, will consider in 2015, a 30-year extension on their statute of limitations for filing civil lawsuits. Right now, Georgia has a similar restriction as Alabama.

Jason Spencer, a Republican Georgia state lawmaker, has called his measure a meaningful extension when considering that child sexual abuse victims often do not identify their perpetrator until they reach middle age.

Hamilton said there has been no proposal in the Alabama legislature to seek change.

New York has introduced proposals allowing victims a one-time, one-year window of opportunity to bring civil suits against people or institutions in older abuse cases.

A similar action was taken in California in 2002, where around 1,000 lawsuits were filed with settlements reaching around $1 billion. Hawaii passed a two-year window in 2012.

Alabama is also one of four states without a so-called "discovery rule," which allows a short time frame for civil suits to be filed once the injury is "discovered" by the victim.

jsharp@al.com