State lawmakers are considering their first significant changes to the Child Victims Act since it passed in 2007.
The law gave victims of childhood sexual abuse a two year “window,” to take civil action against abusers in cases previously barred by law. It repealed the statute of limitations in civil suits against child predators, but was not fully retroactive.
House Bill 75 sponsors say new action needed
One HB 75's sponsors, State Sen. Nicole Poore (D- South New Castle) told the Senate Judiciary Committee that the CVA was landmark legislation for its time, and made Delaware one of the most survivor-friendly states in the country.
But she said the law needs to reflect that, "the average age of disclosure of sexual trauma suffered as a child is roughly the age of 52. For many victims, years– more often decades– of pain, confusion, and silence follows their experience."
House Bill 75 lifts the statute of limitations for victims of child sex abuse that happened prior to 2007 to pursue civil action, by applying it retroactively.
And it gives someone born in 1999, who was a victim at 8 years old the opportunity to pursue their case. Someone in this circumstance likely wasn't ready to come forward when Senator Karen Peterson created the original law.
"You would have missed that window," Poore said. "...So the timing would have been completely off."
Former Sen. Karen Peterson comments
The lawmaker, now retired, who introduced Delaware's CVA in 2007 came to support HB 75 during the senate committee hearing.
Karen Peterson, said getting the law passed was "my proudest moment in my 14 years here in the Senate."
She said the General Assembly heard warnings about unforeseen consequences of the legislation and liability it would cause to schools.
"None of that happened in Delaware," she said. "So...please add child victims act 'part two.'"
Private Practice lawyer makes suggestions to the bill
House Bill 75 moved out of committee before lawmakers' two week spring recess. When they reconvene, it's ready for consideration on the senate floor.
But during committee public comment, private practice lawyer Mark Reardon made several suggestions on additional language or amendment he believes the bill needs.
Reardon's represented institutions like the Boy Scouts of America and the United States Olympic Committee in claims of sexual abuse against children.
HB 75 has his "complete support," he said. For perpetrators, "if the law were to allow –throw the book at them, send them to eternal damnation."
But he said the bill needs tweaks to consider institutional defendants in these cases.
One of them: specify the law with the added the phrase "an act of sexual abuse committed in Delaware." Which he said will give survivors a more direct path to bring their case to the Superior Court. And it prevents involvement with out-of-state cases.
Another phrase Reardon wants added : "actual knowledge." It would mean that institutions are liable for abuse that it knew about and ignored, rather than abuse that it "should have known of."
Reardon said HB 75 should include added standards for corroboration if the perpetrator of abuse is deceased at the time a survivor comes forward.
His final critique is that, "the (bill's) synopsis omits the concept that there's institutional liability." Meaning that the bill should acknowledge an institution's responsibility in abuse cases.
Groups that can be held liable include religious institutions, youth organizations, medical providers, workplaces, and schools.
