Hawaii 2022 Regular Session

Hawaii Senate Bill SB833

Introduced
1/22/21  

Caption

Relating To Sexual Abuse Of Minors.

Impact

The implications of SB833 are substantial for both victims and legal entities. It enhances the ability for survivors to seek justice and hold offenders accountable, particularly in cases where the trauma of abuse causes delayed disclosure. The bill also introduces provisions for treble damages in cases where the legal entity's recklessness contributes to the abuse, promoting stronger accountability measures for organizations that fail to protect minors. These changes could lead to increased legal claims, reshaping the landscape of civil liability concerning child sexual abuse. However, it also imposes obligations on organizations to establish trauma-informed practices and responses when allegations arise.

Summary

Senate Bill 833 focuses on the civil legal recourse for victims of childhood sexual abuse. The bill recognizes the significant prevalence of this issue, noting that many victims do not disclose their abuse until many years later, often due to various psychological and social obstacles. To address this, the proposed legislation aims to expand the timeframes in which victims can pursue civil action against their abusers or entities responsible for the care of minors. This includes extending the time a victim has to initiate legal action to up to fifty years after their eighteenth birthday, and allowing claims that would otherwise be barred by statute of limitations to be filed under certain circumstances.

Contention

While the bill is generally framed as a means to empower victims and enhance their ability to seek justice, it also sparks debate surrounding the balance between victim rights and the potential for frivolous lawsuits. Proponents argue that it is paramount to provide victims the opportunity to pursue justice without the constraints of traditional statutes of limitations, reflecting an understanding of the long-term effects of trauma. Critics, however, highlight concerns about the potential for abuse of the legal system and the implications for entities that might face increased liability. This tension between supporting survivors and protecting organizations from unjust claims adds complexity to the discussions surrounding the bill.

Companion Bills

HI HB570

Same As Relating To Sexual Abuse Of Minors.

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State contributions: California Excellence Fund.