NY: Hundreds of New York Women Are About to Sue Alleged Rapists (and Enablers) Under a Revolutionary New Law

Source: motherjones.com 11/23/22 For years, former president Donald Trump has been able to push off a lawsuit filed against him by E. Jean Carroll, a writer and advice columnist who says he raped her in a department store dressing room in the mid-1990s. When Carroll decided to come forward—describing the alleged assault in a book excerpt in 2019—Trump had been president for two years, and the statute of limitations to bring criminal charges or a lawsuit against him had long since passed. Carroll sued Trump for defamation instead, arguing that he’d smeared her in…

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UT: Utah Court of Appeals reverses sex offender’s conviction, claiming state failed to prosecute case for 2 years

Source: fox13now.com 10/17/22 SALT LAKE CITY — The Utah Court of Appeals has reversed a sex offender’s conviction after they say prosecutors failed to notify him they’d charged him or were prosecuting him. In to a 74-page document filed by the Utah Court of Appeals on Friday, Judge Ryan Harris said the appellant, Chad Hintze, wasn’t made aware of a charge against him for two years. The charge, according to the documents, stemmed from an incident in June of 2016 in which Hintze and a teenage girl were eating and…

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NY: New York Enacts Revival Statutes, Renewing Expired Claims for Sexual Assault

Source: weil.com 8/2/22 In 2019, the state of New York passed legislation extending the statute of limitations for civil causes of action for certain sex offenses from three years to 20 years. However, that law was prospective only. Now, New York is providing recourse for sexual assault survivors whose civil claims have expired. On May 24, 2022, New York Governor Kathy Hochul signed the Adult Survivors Act (ASA) into law. A so-called “revival statute,” the ASA provides a one year window for adult sexual assault survivors to bring otherwise time-barred…

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UT: Lawmaker wants voters to decide on time limits for raising old claims of sex abuse

[deseret.com – 4/7/21] Since the Utah Supreme Court struck down a state law reviving old claims of sexual abuse, a state lawmaker says she will propose a ballot measure allowing voters to effectively bring it back. “I’m committed to that,” Rep. Angela Romero, D-Salt Lake City, said Wednesday. “I will be doing that during the 2022 session.” Romero made the comment at a news conference recognizing April as Sexual Assault Awareness Month, saying it can take years for people to accept what happened to them early in life, often at…

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CO: Sex abuse bill SB 73 easily clears House committee following lengthy negotiations

[coloradopolitics.com – 3/23/21] A bill to give future survivors of childhood sexual abuse and other types of misconduct unlimited time to take their perpetrators to court passed out of the House Judiciary Committee by a vote of 10-1 on Tuesday night, but only after a prolonged off-microphone conference to narrow the scope of the measure. As written, Senate Bill 73, which passed the Senate unanimously earlier this month, would take child sex abuse and a range of other sexual offenses against both adults and children and remove the civil statute…

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KY: Senate panel advances bill supporting child sex-abuse victims

[forwardky.com – 3/16/21] A bill that would extend the statute of limitations for misdemeanor sex offenses involving minors from five to ten years after their eighteenth birthday is progressing through the Legislature. Written by Nadia Ramlagan of Kentucky News Connection Supporters of House Bill 472, sponsored by Rep. Lynn Bechler, R-Marion, said it will help more survivors be heard and their perpetrators held accountable. Nationwide, one in four girls and one in thirteen boys will experience sexual abuse, and 34% of all victims are younger than 12, according to data…

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ND: Should North Dakota Extend the Statue of Limitations for Prosecuting Sexual Abuse?

[hot975fm.com – 1/5/21] … But three North Dakota lawmakers are working to make sure other victims get the justice they deserve. The lawmakers had been planning bills that would extend the statute of limitations for reporting and prosecuting sex crimes before the Attorney General made his decision. Learn more about the potential bills here. Read the full article and links to the proposed bills   Related: Lawmakers seek to extend North Dakota statutes of limitation in child sex abuse cases [inforum.com – 1/5/21 – REQUIRES FREE REGISTRATION] FARGO — Three state legislators, a Republican and two…

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UT: Supreme Court strikes down law allowing sex abuse lawsuits

The Utah Supreme Court has struck down a state law that allowed victims of sexual abuse to sue decades later, siding against a woman who alleged a former federal judge raped her when she was a teenage witness and he an attorney prosecuting a white supremacist serial killer. The state’s high court ruled the 2016 law unconstitutional, finding the Utah Legislature did not have the authority to effectively erase statutes of limitation after they already timed out. “The problems presented in a case like this one are heart-wrenching. We have…

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IN: Bill extending sex crimes statute of limitations advances to full House

[theindianalawyer.com – 2/21/20] “How many more victims will there be?” Dawn Price, a survivor of childhood sexual abuse, posed that question before the Indiana House Courts and Criminal Code Committee on Wednesday while testifying in support of legislation that would extend the amount of time victims have to prosecute their perpetrators. Price shared her story of being molested and raped as a child by her adoptive father until she was nearly 13 years old. When Price, then a minor, told her mother what was happening, no action was taken. Even…

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A look at 15 states making it easier to sue over sex abuse

[billingsgazette.com – 12/3/19] Eight states and the District of Columbia have established “lookback windows” allowing people to sue no matter how long ago the alleged abuse took place. They can file civil suits against both their alleged abusers such as priests and the church or other institutions where they worked. NEW YORK — One-year window allowing previously barred suits opened August 14. After that, suits allowed until age 55, up from 23 before the law was passed. NEW JERSEY — Two-year window opened Dec. 1. After that ends, suits allowed…

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CA: New AB 218 law allowing childhood sexual assault victims more time to report draws widespread praise

CALIFORNIA: [ocregister.com – 10/15/19] AB 218 extends statute of limitations allowing victims to file lawsuits up until age 40.   Advocates, lawyers and victims across the state on Monday lauded a new law signed by Gov. Gavin Newsom allowing victims of childhood sexual assault more time to file lawsuits. Assembly Bill 218 affects those abused in many walks of life, from Olympics swimmers and schoolchildren to Boy Scouts and young Catholic churchgoers. The bill, signed by the governor on Sunday and taking effect Jan. 1, gives victims of childhood sexual…

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IL: Illinois law will remove the statute of limitations for adult sex crimes

[mdjonline.com – 12/26/19] A new law will remove the statute of limitations for sexual assault crimes in Illinois. Lawmakers passed House Bill 2135 this spring. Oswego state Rep. Keith Wheeler introduced the measure in the House. Aurora state Sen. Linda Holmes introduced the Senate version. The law will remove the statute of limitations for the prosecution of sexual assault crimes against adults. General Counsel for the Illinois Coalition Against Sexual Assault Sarah Beuning said the new law was “a very big deal in the message it sends to survivors about how serious…

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ME: Maine Senate backs bill to extend statute of limitations on sex crimes

[timesrecord.com – 5/1/19] The Maine Senate on Tuesday approved a bill that would extend the state’s statute of limitations on sexual assaults from eight years to 20 years. The measure, if approved by the House and signed by Gov. Janet Mills, would put Maine more in line with other states’ sex crimes statutes. The Senate passed the bill without debate. “Only three other states have shorter statutes of limitations than Maine,” Sen. Erin Herbig, D-Belfast, the bill’s sponsor, said during a public hearing on the bill in April. “Several states…

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MT: The Latest: Fox asks Montana lawmakers to act on [child sex crime] time limits

[kansas.com – 2/19/19] HELENA, Mont. The Latest on Montana cases before the Supreme Court (all times local): 4:20 p.m. Montana Attorney General Tim Fox is asking state lawmakers to act after the U.S. Supreme Court rejected his petition that would have allowed prosecutors to charge a man for the decades-old rape of an 8-year-old girl. The Republican attorney general called the high court’s decision Tuesday “beyond disappointing.” He is urging the Legislature to repeal statutes of limitations for child sex crimes, saying no offender “should find comfort in running out…

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CT: Keep statute of limitations; and another ‘liberal activist’

[journalinquirer.com 5/4/18] Arguing recently for the repeal of Connecticut’s statute of limitations for sex offenses, Laura Cordes, executive director of the Connecticut Alliance to End Sexual Violence, declared, “Justice should not have an expiration date.” But justice often does have an expiration date, and not because of statutes of limitations but rather because as time passes evidence inevitably is lost, memories fade, and witnesses die or disappear, making it impossible to mount a complete and effective prosecution or defense. Connecticut’s current statute of limitations for sex offenses is five years,…

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IL: Lawmakers eliminating time-frame protection for child sex offenders

Those who suffered sexual abuse and assault as children decades ago may soon be able to obtain justice by having their victimizers prosecuted. State Sen. Scott Bennett, D-Champaign, introduced Senate Bill 189 in January, which would eliminate the statute of limitations for all felony child abuse and sexual assault crimes. It already passed the Senate Criminal Law Committee, of which Bennett is a member, with a 10-0 vote March 7 and is now awaiting a full Senate vote, according to Illinois legislative records. Full Article

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