Reschenthaler, Colleagues Introduce Bill to Help Victims of Child Sex Abuse and Sex Trafficking Seek Justice
Washington, D.C. – Today, Representatives Guy Reschenthaler (PA-14), Deborah Ross (NC-02), Eric Swalwell (CA-15), and Maria Elvira Salazar (FL-27) introduced H.R. 8061, the Eliminating Limits to Justice for Child Sex Abuse Victims Act, to ensure that survivors of child sex abuse and sex trafficking can seek justice under the federal civil remedy statute without being barred by statutes of limitations. This bipartisan legislation will enable survivors who are victims of more than a dozen federal child sex abuse offenses, including aggravated sexual abuse, sex trafficking, human trafficking, forced labor, and sexual exploitation and pornography, to seek civil damages in federal court regardless of how long it took to process and disclose the abuse they suffered.
“As a former district judge, I saw firsthand the long-term physical and mental toll childhood sexual abuse takes on survivors,” said Rep. Reschenthaler. “By eliminating the statute of limitations to seek civil damages in federal court, we can ensure survivors of these heinous crimes receive the justice they deserve.”
“Survivors of sexual abuse, especially young victims, often take years to process the trauma before reporting the offenses they experienced, only to be met with statutes of limitations that prevent them from seeking justice,” said Rep. Ross. “I am proud to lead this commonsense, bipartisan bill in the House, alongside Representatives Swalwell, Reschenthaler, and Salazar to ensure the survivors of these terrible crimes can finally have their day in court.”
“We must protect children who survive these horrific crimes so they can begin to rebuild their lives,” said Rep. Swalwell. “Our bipartisan Eliminating Limits to Justice for Child Sex Abuse Victims Act gives survivors an additional resource towards accountability by removing the civil statute of limitations for federal trafficking and child sex abuse claims. Although this legislation will not take away the pain endured by survivors, it will give them expanded opportunities for some closure and compensation toward helping them move on with their lives.”
“True justice should know no time limits and our law should reflect that,” said Rep. Salazar. “By eliminating the statute of limitations, my colleagues and I are proud to stand with victims and ensure that victims of child sex abuse, exploitations, and trafficking do not have an arbitrary expiration on justice.”
According to CHILD USA, the National Think Tank for Child Protection, data suggests that 86 percent of child sexual abuse goes unreported. For victims who do report their abuse, “delayed disclosure,” or the tendency of survivors of child sex abuse to wait for years before disclosing abuse to others, is common. Historically, delayed disclosure has impacted survivors’ path to justice.
Under current federal law, no statute of limitations bars the prosecution of criminal offenses involving child sex abuse anytime while the child victim is alive or 10 years after the offense, whichever is later. However, statutes of limitations remain an obstacle for survivors under 18 U.S.C. § 2255, the federal civil remedy statute. Although Congress lengthened the statute of limitations for federal civil child sex abuse claims until the victim reached age 28 or until 10 years from the discovery of the violation or injury, this statute of limitations still does not reflect the current state of research on delayed disclosure.
The Eliminating Limits to Justice for Child Sex Abuse Victims Act is endorsed by the following organizations: CHILD USA, RAINN, National Center for Missing and Exploited Children (NCMEC), and National Alliance to End Sexual Violence (NAESV).
Senate Majority Whip Dick Durbin (IL) and Senator Marsha Blackburn (TN) introduced companion legislation that passed by unanimous consent in March of this year.
The full text of the bill can be viewed here.
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