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Committee advances bill to extend discovery-based civil claims for sexual-abuse survivors
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Summary
SB 37 would allow survivors of sexual abuse to bring civil claims when corroborative evidence (DNA, a confession, a witness statement) is discovered later; RAIN and survivor advocates testified in support and the committee removed unclear language and added a prospective rule for entity defendants.
Senate Bill 37, presented by Sen. Favola, would change the civil statute of limitations for certain sexual‑abuse claims so that survivors may sue when corroborative evidence—such as DNA, witness statements or confessions—comes to light later in life. The sponsor said the change was intended to align the law with modern forensic realities and trauma research.
Stefan Turkheimer of RAIN testified: "Under current law, survivors of child sexual abuse have 20 years from age 18 to file a civil claim. Adult survivors have just 10, or 15 if the perpetrator was in a position of authority. Once that time expires, survivors are permanently barred from justice even when powerful new evidence emerges." He argued the bill allows survivors to pursue claims when new corroborative evidence appears without changing burdens of proof.
Committee members probed the bill’s retroactivity and whether it could be applied to suits against entities; they amended the draft to make retropsective relief available only against natural persons to comply with constitutional limits and to add a prospective effective date for actions against entities. A sub‑paragraph potentially allowing a victim’s own subsequent statement to count as corroboration was struck after members questioned its meaning. The bill was reported as amended and not sent to finance.
Next steps: SB 37 was reported as amended; sponsors and counsel will continue technical drafting, and proponents expect to work with committee members on precise triggers for accrual when corroborating evidence appears.
