Iowa Senate Bill SSB1194

Iowa 2023-2024 Regular Session

• Introduced: 2/27/23
• Refer: 2/27/23

Caption

A bill for an act relating to the statute of limitations in a civil action involving certain sexual offenses against a minor.(See SF 524.)

Impact

This legislation modifies existing Iowa law by eliminating the time limit for filing civil damages actions related to specific sexual offenses against minors if a conviction has been secured. It amends the Code of Iowa, particularly sections regarding the limitation periods for actions involving minors. As a result, survivors of childhood sexual abuse may have more opportunities to seek justice through civil courts, thereby potentially increasing the number of lawsuits filed in these matters and providing redress to previously unaddressed grievances.

Summary

Senate Study Bill 1194 addresses the statute of limitations in civil actions involving specific sexual offenses against minors. The bill allows victims who were under 18 at the time of the offense to file civil actions for damages at any time following a conviction for the offense. This includes offenses like sexual abuse in the first, second, and third degrees, as well as lascivious acts with a child and assaults with intent to commit sexual abuse. Such provisions aim to offer greater legal recourse for victims whose cases might otherwise be time-barred under existing laws.

Contention

However, the bill may face scrutiny and debate, especially concerning the implications of allowing unlimited time for filing such civil actions. Opponents may argue that removing the statute of limitations could lead to challenges in defending against old claims, affecting the due process rights of the accused. Proponents, on the other hand, assert that many victims of childhood sexual abuse only come to terms with their experiences much later in life, necessitating such legal adjustments to support their pursuit of justice.