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SUMMARY OF
COMPREHENSIVE
PROTECTION FROM
CHILDHOOD SEXUAL ABUSE ACT OF
2008
REASONS FOR ENACTMENT:
Childhood
sexual abuse is a “silent, violent epidemic” (A.M.A.); 1
out every 4 women, and 1 out of every 6 men were sexually
abused by an adult or older child before the age of 18 (U.S.
C.D.C.); every child has the innate right to be safe and
protected from all forms of abuse and neglect, including
sexual abuse and exploitation.
CHIEF PROVISIONS:
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Establishes Commission for Protection of Children, to
report annually and propose protective legislation, with
21 members, 3 appointed by House Speaker, 3 by the
Senate President, remainder by governor: 3 members
survivors of childhood sexual abuse, 3 licensed mental
health professionals working in childhood sexual abuse
issues, 3 in law enforcement, the court or correctional
system, and 3 advocates.
-
Amends § 51A of Chapter 119. Changes penalty for not
reporting child sex abuse from $1,000 (at present) to 2˝
years in jail and/or $10,000 fine, and makes
institutions liable up to $100,000 fine. Also requires
report of past abuse if there is a credible present
threat of abuse.
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Amends
Chapter 258C. Makes up to $25,000 Victim Compensation
funds (for therapy) available for childhood sex abuse
victims if they have a letter from a mental health
professional saying they didn’t understand abuse had
caused harm until past 3 years.
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Eliminates entirely criminal statute of limitations for
sex crimes against minors (under 18), both rape &
non-rape. Present law only covers non-rape victims 13 &
under, and rape victims 15 & under.
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Eliminates entirely civil statute of limitations for
sexual abuse actions involving minors brought within
three years after reporting abuse to law enforcement.
If abuse was reported in the past, that person would
have 3 years after the effective date of this law to
file suit.
-
Eliminates charitable immunity defense in civil actions
for sexual abuse of a minor.
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