A federal bill signed into law earlier this year allows survivors of various types of child sex abuse to file civil claims to recover financial compensation while not being bound to a traditional statute of limitations. S. 3103, known as the “Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022,” officially removes the federal statute of limitations to file a civil action for minor victims of:
Accordingly, survivors of any of the above forms of childhood sexual abuse may file civil claims as a means of recovering financial compensation for various types of damages:
Under the new federal bill, survivors of child sexual abuse may now file their claims to recover financial damages awards, regardless of how long ago the crimes occurred. Contact Dordulian Law Group’s experienced and proven California child sex abuse attorneys today for a free consultation at 866-GO-SEE-SAM. We help survivors across the nation secure the justice they deserve for childhood sexual abuse.
Also known as S. 3101, the Eliminating Limits to Justice for Child Sex Abuse Victims Act was signed into law by President Biden in September 2022. The bill was initially proposed by Tennessee Republican Senator Marsha Blackburn and Illinois Democratic Senator Dick Durbin, who also serves as Senate Majority Whip and Chair of the Senate Judiciary Committee. Senators Dianne Feinstein (D-CA), John Cornyn (R-TX), and Patrick Leahy (D-VT) cosponsored the bill.
“Finally eliminating civil child sexual abuse statutes of limitations will allow survivors to have their day in court and a moment of healing,” Senator Durbin said when the bill was proposed. “This is commonsense, bipartisan legislation and I encourage my colleagues on both sides of the aisle to support.”
For more information on the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022, please visit Dordulian Law Group’s recent blog post.
S. 3103 – the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022 – has been codified as 18 U.S. Code § 2255. This simply means that S. 3103 is also recognized as applying to the 18 U.S.C. § 2255 law, the latter of which previously only allowed survivors of childhood sexual abuse 10 years from the date that a crime occurred (or until one’s 18th birthday) to file a civil lawsuit in federal court.
Under the Justice for Child Sex Abuse Victims Act, the statute of limitations is now removed for 18 U.S.C. § 2255. As a result, the law now states that any person who, as a minor, was a victim of various violations (such as sexual abuse, human trafficking, etc.) and suffered a personal injury as a result may sue in any appropriate United States District Court. Furthermore, a survivor of child sex abuse shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney’s fee, under the amending of U.S.C. § 2255. Moreover, 18 U.S.C. § 2255 now stipulates that a victim of child sex abuse may sue regardless of whether the injury occurred while such person was a minor.
An example of an injury which may not occur immediately at the time of an incident includes post-traumatic stress disorder (PTSD). Although an incident of sexual abuse or human trafficking may have occurred long ago, in many cases years or even decades may transpire before the survivor reconciles with the resulting mental health injury.
Accordingly, the new Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022 allows survivors to file legal actions for financial compensation under S. 3103/18 U.S.C. § 2255.
Data provided by the Centers for Disease Control and Prevention (CDC) confirms that childhood sexual abuse is a widespread issue impacting victims and families of all backgrounds. Regardless of socioeconomic status, race, religion, location, etc., child sexual abuse is a “significant public health problem,” the CDC notes.
Child sex abuse is defined by the CDC as an “adverse childhood experience” or ACE. Furthermore, the CDC defines child sexual abuse as:
The involvement of a child (person less than 18 years old) in sexual activity that violates the laws or social taboos of society and that he/she:
CDC data indicates the following statistics regarding child sexual abuse in the nation:
Contact our top-rated team of expert sexual abuse attorneys online or by phone today to pursue justice and secure a financial award for damages.
Contact DLG today to begin the process of securing justice for your childhood sexual abuse case. At DLG, we believe, support, and fight aggressively for justice on behalf of all childhood sexual abuse survivors.
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