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House extends civil window for survivors of childhood sexual abuse

Utah House of Representatives · January 29, 1992
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Summary

House Bill 92 allows survivors of childhood sexual abuse to file civil suits within four years after reaching majority or within four years of discovery; sponsors cited delayed discovery and therapy costs while members pressed on negligence language and retroactivity.

The Utah House passed House Bill 92 to allow civil suits for survivors of childhood sexual abuse to be filed within four years after reaching the age of majority or within four years of discovery.

Representative Julander and cosponsors framed HB 92 as a response to delayed discovery common in child sexual-abuse cases. Sponsor testimony described victims who repress memories and later recall abuse during therapy, noting therapy costs and the need for civil remedies when criminal prosecutions are time-barred. Julander said the civil window would provide reparations and a legal means to identify perpetrators who remain at large.

Floor questioning focused on statutory language and safeguards. Members asked for clarification of the phrase "negligently permitting" abuse to occur; sponsors and counsel explained the term covers a failure to act when a person "knows or should have known" abuse was happening and that the civil provision is not retroactive to events before enactment. Representatives also asked about protections against false claims; sponsors noted existing remedies (e.g., malicious-prosecution statutes) for unfounded accusations.

The bill's backers cited supportive materials distributed on the floor, including a letter from Primary Children's Hospital, and urged the House to consider the bill's role in providing victims access to civil redress. The clerk recorded the final vote as 61 affirmative and 7 negative; the bill was transmitted to the Senate for further consideration.

What comes next: The bill will be considered by the Senate; key implementation issues identified on the floor include statutory definitions of negligence, scope of allowable claimants and retroactivity limits.