New Law for Sexual Assault Victims

Newly passed legislation allows for people who were sexually abused as minors to file federal civil lawsuits without any statute of limitations. Previously, minors were able to file federal claims for only ten years after the abuse happened or was discovered, up to age 28.

The Eliminating Limits to Justice for Child Sex Abuse Victims Act was signed by President Biden last week, just a few days after the bill passed the House. It was approved by the Senate in March.

The new law eliminates the time constraints for survivors to file civil claims related to their abuse, including sex abuse, forced labor, sex trafficking, sexual abuse or sexual exploitation. There is no federal statute of limitations for criminal charges regarding child sex abuse.

"The science of trauma is clear: it often takes years for victims to come forward," U.S. Senate Majority Whip Dick Durbin (D-IL) noted in a press release after the measure passed the House. "Our bipartisan bill honors the basic notions of justice for survivors..."

It is common for victims to have "delayed disclosure" — the tendency to wait for years before disclosing abuse to others.

There are numerous reasons why people, particularly minors, don't report sexual abuse for many years, if ever at all. Societal pressures, legal obstacles, personal reasons and psychological responses may all present as barriers to coming forth with events. Survivors must also endure the trauma again in order to recollect consistent memories, according to some research.

Then, of course, there are legal obstacles for a victim who seeks justice. Sometimes, the accused is a person of power or part of a large institution — who may have vast resources to refute the claim.

Attorney Andrea Hirsch, of Cohen Hirsch, says this new law is a significant step towards assisting victims with healing and seeking justice. "There is now a path forward for young survivors to seek remedies without time constraints." Hirsch also added, "There should not have been roadblocks that protected predators. Now, victims can file a lawsuit when they are ready to do so."

Along with individuals who may now face lawsuits for their alleged actions, organizations may also see increased legal actions against them. Some examples include youth sports, religious institutions or even summer camps. One group, the Boy Scouts of America, is currently working with victims and the courts to develop a plan to compensate survivors of sexual assault — with more than 80,000 men who say they were abused as children by troop leaders.

If you suffered from sexual abuse as a minor, please consider reaching out to the Cohen Hirsch law firm to learn more about your legal remedies. The compassionate attorneys Andrea Hirsch and Brooke Cohen understand how difficult the topic is but will vigorously work on your behalf. There is no fee for talking to them. Contact us today to discuss your options. www.cohenhirsch.com www.cohenhirsch.com