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Senate orders S.278 to third reading to bar comparative-negligence reductions in certain assault civil suits
Summary
The Senate accepted Judiciary Committee changes to S.278, which would prohibit juries from reducing awards based on a plaintiff's percentage of fault in cases involving sexual assault or related violent conduct, and ordered the bill for third reading.
The Senate voted to adopt the Judiciary Committee—s amended S.278 and ordered the bill to third reading.
The Judiciary Committee reporter (the senator from Chittenden Central) explained that under current comparative-negligence rules (12 V.S.A. chapter 1036) a plaintiff—s recovery in civil suits can be reduced by the percentage a jury attributes to the plaintiff—s fault. The reporter urged that the law continues to allow a jury to apportion fault in ordinary negligence cases but that S.278 would carve out sexual-assault and certain violent-conduct cases so a survivor—s award could not be reduced on comparative-negligence grounds.
The reporter framed the change as aligning civil rules with criminal law and best practices for survivor care. "S.278 will end the practice of victim blaming in the cases of sexual assault and related conduct," the reporter said, adding the bill treats such cases differently than ordinary negligence (the "pink stiletto" example) and would take effect on passage, applying only to cases filed after its effective date.
The reporter noted specific statutory references in the bill and amendments intended to cover conduct defined under statutes cited in the bill. The transcript lists the comparative-negligence statute as "12 VSA Chapter 1036" and the reporter cited the bill's definitions drawing on statutory sections listed in the transcript. The Judiciary Committee reported a committee vote in the transcript as "500." Witnesses listed in committee proceedings included Zach Blondin (an impacted citizen), Cara Casey (director of economic empowerment, Vermont Network Against Domestic and Sexual Violence), Michelle Childs (legislative counsel), and Celeste Laramie (board member, Vermont Association for Justice).
By voice vote on the floor the Senate adopted the committee amendment and ordered S.278 to third reading; no roll-call was recorded on the floor in the transcript.
Next steps: S.278 will return to the floor for third reading where senators may proceed to final passage or further debate.
