UNITED STATES
Verdict
Marci A. Hamilton
Legions of victims of child sex abuse will tell you that when they were finally ready to talk to a prosecutor or a lawyer, the criminal and/or civil statutes of limitations (SOLs) had already expired. Across the United States, one victim after another has been surprised by these cruel and arbitrary legal deadlines.
For decades, states have been adjusting their child sex abuse SOLs in response to fresh stories of horror. At one time, states measured the SOL from the date of the abuse, giving victims only a few years in which to sue. Then, they set age 18 as the moment when the clock started ticking. Now, we have a true 50-state experiment, with a wide variety of approaches among the states.
There is one common theme, however: States are constantly working to extend their child sex abuse SOLs, because there is always a new victim with a compelling story that shows lawmakers the folly of having any SOL at all for the heinous crime of child sex abuse.
The Situation in Massachusetts Regarding Child Sex Abuse Statutes of Limitations
That was precisely what was happening in Massachusetts when in 1996, the legislature extended the criminal SOL for child sex abuse to the date that marks 15 years after the victim turns 16. But that SOL still shut down justice for too many victims, and so there was another extension, in 2006. That year, the Massachusetts Legislature voted to extend the criminal SOL to 27 years after a victim turns 16.
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