Massachusetts Senate Bill S1069

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Extending the civil statute of limitations for child abuse

Impact

The proposed changes in S1069 could significantly alter the landscape of child abuse litigation within Massachusetts. By expanding the timeframe for filing claims, the bill may empower more victims to seek justice against their abusers or negligent parties, potentially leading to higher accountability in cases where supervision failures contributed to the abuse. These amendments are intended to reflect a broader understanding of the trauma associated with child abuse and the delayed onset of recognition by victims of their emotional and psychological injuries.

Summary

Senate Bill S1069, introduced by Senator Michael O. Moore, seeks to extend the civil statute of limitations for actions related to child abuse. This legislative proposal intends to provide a longer period for victims of child abuse to file lawsuits against perpetrators and individuals or entities that may have negligently supervised the abuser. Under the new provisions detailed in the bill, victims would have up to 35 years from the date of the abuse or 7 years from the discovery of psychological injuries to initiate a civil action, whichever time frame is longer. Moreover, the bill includes a clause that tolls the statute of limitations until the victim turns 18 years old, encouraging victims to come forward without the pressure of time constraints during their formative years.

Contention

While the bill aims to protect the rights of abuse victims, it may face challenges and discussions regarding the implications for institutions and individuals accused of past negligence or abuse. Critics might argue that extending the statute of limitations could lead to an increase in claims that are difficult to investigate due to the age of the incidents. Supporters, however, may argue that the extension is a necessary measure to ensure that victims have adequate time to come forward and seek redress. The debate surrounding the bill may also touch upon the implications for accountability and societal recognition of the prolonged effects of child abuse.