PRESS
LET’S END CHILD ABUSE AND NEGLECT
FOR IMMEDIATE RELEASE:
August 18, 2023
For more information: Marci Hamilton 215-539-1906, Kathryn Robb 781-856-7207, Jessica Schidlow 215-539-1906
Abuse victims win more time to file lawsuits
Court upholds constitutionality of new child sex laws
A Louisiana law intended to give victims of child sexual abuse access to justice has survived a legal challenge.
In an opinion issued yesterday, the state’s Third Circuit Court of Appeals upheld the constitutionality of a law that gives those who were sexually abused as children a three-year window during which they can file a civil claim against those responsible for their abuse—regardless of when the abuse occurred.
Before the law passed in 2021, victims of child sexual abuse in Louisiana only had until their 28th birthday to sue their abusers. Short statutes of limitation play into the hands of perpetrators and the institutions that cover up for them; they disable victims’ voices and empowerment and leave future children vulnerable to preventable sexual abuse.
“Perhaps the simplest reason sex offenders remain ‘under the radar’ for years and years and victimize so many innocent children is that by the time victims realize both that they have been abused, and connect their abusive experience to their current problems, and find the courage to step forward, they’re then told ‘Sorry, you’re too late,'” said Marci Hamilton, founder and CEO of CHILD USA, a non-profit interdisciplinary think tank fighting for the civil rights of children and the leader in the international movement to reform statutes of limitation for victims of child sexual abuse. “Window laws fix this fundamental flaw. “
Despite vigorous opposition from insurance lobbyists and the Catholic Conference, 26 states and 3 territories have passed similar window bills. “The children in these states are now safer,” said Hamilton. “Thanks to these laws, the public learned the identities of scores of hidden predators and enabling institutions so that they may finally be brought to justice.”
With so many bad actors and institutions in the headlines and thousands of victims coming forward, the pressure for prevention and justice has increased—not only for child victims but adult victims as well. Most states have made statutes of limitation reform a priority, with 49 states and the federal government reforming their child sexual abuse laws since January 2022. Many jurisdictions have amended their statutes of limitation several times and continue to propose new bills year after year.
“The march forward for kids’ safety and victims’ justice is accelerating, as more legislators realize that ‘window’ bills are sound proposals, good policy, crime prevention and perhaps the greatest single measure that strikes fear into the hearts of those who commit and conceal child sexual abuse,” said Hamilton.
About CHILD USA
CHILD USA is the leading nonprofit think tank working to end child abuse and neglect in the United States. CHILD USA engages in high-level legal and social science research and analysis to derive the best public policies to end child abuse and neglect in America. CHILD USA produces evidence-based solutions and information needed by policymakers, organizations, media, and society as a whole to increase child protection and the common good. Visit www.childusa.org for more information.
Contact:
Available for Comment: Marci Hamilton, Founder and CEO of CHILD USA
(215)539-1906
Professor Marci Hamilton is a First Amendment constitutional scholar at the University of Pennsylvania who has led the national movement to reform statutes of limitations to reflect the science of delayed disclosure of childhood sexual abuse and who founded CHILD USA, a national nonprofit think tank devoted to ending child abuse and neglect.
Available for Comment: Kathryn Robb, ED, CHILD USAdvocacy
(781)856-7207
Kathryn Robb, Esq. is the Executive Director of CHILD USAdvocacy, a national legislative legal expert, and an outspoken survivor of child sexual abuse.
Available for Comment: Jessica Schidlow, Legal Director of CHILD USA
(215)539-1906
Jessica Schidlow, ESQ, MA, NCC, has an extensive background in child welfare and leads the Legal Team at CHILD USA. After law school, Jessica joined the Montgomery County Public Defender’s Office in their Child Advocacy Unit, where she represented hundreds of at-risk and dependent youth in their Juvenile and Orphan’s Court proceedings.
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PRESS STATEMENT
FOR IMMEDIATE RELEASE
July 6, 2023
CONTACT: John Kim | [email protected]
Statement From CHILD USA Urging Governor Shapiro to Act: Pennsylvania’s Budget Must Include Child Sex Abuse Statute of Limitations Window
Pennsylvania, PA – Following the Pennsylvania House approving the state budget plan last night, which failed to include a key campaign promise of Governor Josh Shapiro – a statute of limitations window for child sex abuse survivors, Marci Hamilton, founder & CEO of CHILD USA and a leading legal expert on the prevention of child sexual abuse – released the following statement in response:
“While we commend Governor Shapiro for keeping the issue of the statute of limitations window for child sex abuse survivors on his agenda, it is extremely disappointing that the window was not included in the state budget proposal passed yesterday. This omission is a disheartening blow to the thousands of survivors who have fought tirelessly for their voices to be heard and played a pivotal role in helping him secure his position.
Governor Shapiro’s groundbreaking 2018 Grand Jury Report on Catholic dioceses exposed the horrors of institutional child sex abuse, capturing the attention of the world. However, its impact on the cause is diminished if survivors throughout the Commonwealth are not afforded access to justice now. Pennsylvania has already endured an alarming number of institution-based child sex abuse cases, and those are the ones we know about. A window will be every parent’s best tool as it identifies the hidden predators operating in secret right now, making it imperative the window be enacted now.
Including the statute of limitations window in the budget is not just a symbolic gesture—it is a tangible act of acknowledging their pain, validating their experiences, and ensuring their voices are heard. Governor Shapiro must recognize that the window legislation is not a political bargaining chip, but a lifeline for survivors who have endured unimaginable suffering, including their long wait for justice. We urge him to demonstrate an unwavering commitment to justice by taking action these next two weeks to include the child sex abuse statute of limitations window in the budget. The survivors who have tirelessly fought for justice deserve no less.”
Contact:
Available for Comment: Marci Hamilton, Founder and CEO of CHILD USA (215) 539-1906
Professor Marci Hamilton is a First Amendment constitutional scholar at the University of Pennsylvania who has led the national movement to reform statutes of limitations to reflect the science of delayed disclosure of childhood sexual abuse and who founded CHILD USA, a national nonprofit think tank devoted to ending child abuse and neglect.
Available for Comment: Kathryn Robb, ED, CHILD USAdvocacy (781) 856-7207
Kathryn Robb, Esq. is the Executive Director of CHILD USAdvocacy, a national legislative legal expert, and an outspoken survivor of child sexual abuse.
About CHILD USA
CHILD USA is the leading nonprofit think tank working to end child abuse and neglect in the United States. CHILD USA engages in high-level legal and social science research and analysis to derive the best public policies to end child abuse and neglect in America. CHILD USA produces evidence-based solutions and information needed by policymakers, organizations, media, and society as a whole to increase child protection and the common good. Visit www.childusa.org for more information.
About CHILD USAdvocacy
CHILD USAdvocacy is a 501(c)(4) advocacy organization dedicated to ending child abuse and neglect by advocating for better laws for child protection. Drawing on the combined expertise of the nation’s leading child advocates, specifically our sister organization and national think tank, CHILD USA, CHILD USAdvocacy is committed to protecting children’s civil liberties and keeping children safe from abuse and neglect. Visit www.childusadvocacy.org for more information.