Relating To Limitation Of Actions.
The introduction of SB2439 will amend Chapter 657 of the Hawaii Revised Statutes, enabling civil claims against both individual perpetrators and legal entities if the entity had a duty of care towards the victim. However, claimants can only receive damages from these entities if there is a finding of gross negligence. This change may increase the accountability of organizations regarding their supervision of activities and individuals potentially leading to abuse.
Senate Bill 2439 aims to address the statute of limitations regarding civil actions for sexual offenses against adults. Specifically, it allows individuals who were victims of sexual abuse that occurred after June 30, 2012, and who are currently barred from filing claims due to previous statute limitations, to bring forth claims in a circuit court during a two-year window starting July 1, 2024. This provides a crucial opportunity for victims to seek justice when they were previously limited by time constraints.
Overall sentiment surrounding SB2439 appears to be supportive among advocacy groups focused on victims' rights, as it offers a pathway for justice that was previously unattainable due to expiring limitations. Nonetheless, concerns have been raised by some interest groups regarding the implications of filing attorney's fees against defendants found to have been falsely accused with malicious intent. Such provisions may discourage wrongful accusations but could also potentially intimidate genuine victims from coming forward.
Notable points of contention during discussions of SB2439 included the balance between ensuring access to justice for victims and protecting the rights of the accused. The stipulation allowing defendants to recover attorney's fees under certain conditions was a topic of debate, as critics fear it may lead to a chilling effect on victims’ willingness to report instances of abuse. The specifics of the bill regarding the requirements for the certificate of merit also attracted scrutiny, particularly concerning how these requirements may affect the accessibility of legal recourse for victims.