JEFFERSON CITY – This week the Senate Judiciary Committee heard my Senate Bill 1140 and Senate Joint Resolution 93, both dealing with statute of limitations reform in childhood sexual abuse cases. The hearing went extremely well, with over a dozen witnesses coming to testify about their own personal experience, or the experiences of others they know. SJR 93 was immediately voted out of the committee, which is extremely rare, and I believe SB 1140 will be voted out soon as well. For this week’s Capitol Report I would like to dive into the specifics of what each piece of legislation would do.
SB 1140 provides that a civil action for recovery of damages suffered as a result of childhood sexual abuse or tortious conduct that caused the victim to be a victim of childhood sexual abuse may be commenced at any time. Currently, a civil action for recovery of damages suffered as a result of childhood sexual abuse shall be brought within ten years after the victim reaches the age of twenty-one or within three years of the victim discovering that the injury or illness was caused by childhood sexual abuse, whichever is later. So, to break that down in layman’s terms: currently children who are sexually abused have until age 31 to bring a civil suit against the perpetrator, or the age of 26 to bring a civil suit against the third party that contributed to the sexual abuse. A rigorous body of evidence shows that survivors of childhood sexual abuse delay disclosure of their abuse, on average, over 20 years, with many delaying disclosure well into their 50s and 60s. This means that most survivors will never have the option of using the civil justice system to cover the decades of costs they incur for their healing. By assigning an arbitrary statute of limitations for child sexual abuse, we are siding with abusers and perpetrators over survivors and making Missouri a sanctuary state for pedophiles. This. Must. End.
SJR 93 if approved by the voters, provides that retrospective laws may be enacted for civil claims involving sexual abuse of a child or tortious conduct that caused or contributed to cause sexual abuse to a child. This amendment would give the legislature the authority, but not the obligation, to enact a time-limited revival period allowing survivors to pursue civil claims that would otherwise be barred by the statute of limitations. Thirty-one states have enacted revival laws for childhood sexual abuse, with most providing temporary windows of two or three years. Missouri currently cannot enact similar legislation due to constitutional limits on retroactive civil laws. This amendment would allow Missouri voters to decide whether their Legislature should have that option. This amendment applies only to civil claims seeking accountability and compensation in childhood sexual abuse cases. It does not affect criminal statutes of limitation or criminal prosecutions. Revival periods do not guarantee outcomes; they simply allow courts to evaluate claims based on evidence and existing legal standards. These laws promote accountability, help identify hidden perpetrators and institutional failures, and strengthen protections for future generations.
It was a good week full of powerful hearings, and we are looking forward to getting back to work after President’s Day. If you ever have any questions, please don’t hesitate to reach out to our office. As always, it is an honor to serve you.
