Change the statute of limitations on certain civil actions for sexual assault of a child
Impact
If enacted, LB12 would significantly alter existing state laws related to the civil liability of those implicated in cases of child sexual assault. By extending the time allowed for filing civil actions, the bill would ensure that victims are afforded sufficient opportunity to process their experiences and come forward. This change could lead to a considerable increase in the number of civil cases filed, thereby enhancing accountability for offenders and institutions that may have failed to protect children.
Summary
LB12 proposes changes to the statute of limitations regarding civil actions for the sexual assault of a child. Specifically, the bill aims to extend or modify the time frame during which victims may file claims against their assailants or other responsible parties. This legislative initiative is designed to provide greater avenues for justice for survivors, recognizing the often lengthy process that victims undergo before coming forward with allegations. The intent is to empower survivors of childhood sexual assault by allowing them more time to seek legal redress.
Contention
Discussions surrounding LB12 have highlighted notable points of contention among legislators and advocacy groups. Supporters argue that extending the statute of limitations is a necessary reform that reflects a growing understanding of the trauma associated with sexual violence and the often delayed recognition victims have regarding their experiences. Critics, however, express concern over potential implications for defendants, including the challenges posed by defending against claims from events that occurred several years or even decades prior. This potential for increased litigation may lead to significant debates on the balance between justice for victims and protections for those accused.
Prohibit providers of services relating to examination or treatment of injuries from sexual assault, domestic assault, and child abuse from taking certain debt enforcement actions against victims
Allow claims involving death, child abuse, or sexual assault of a child under the Political Subdivisions Tort Claims Act and State Tort Claims Act and change provisions of the Consumer Protection Act and Uniform Deceptive Trade Practices Act relating to civil penalties
Adopt the State and Political Subdivisions Child Sexual Abuse Liability Act and exempt actions from the State Tort Claims Act and Political Subdivisions Tort Claims Act