Proposes a constitutional amendment allowing ex post facto laws to be enacted if the laws involve civil child sexual abuse claims
The enactment of this resolution could have profound implications on the legal landscape concerning child sexual abuse cases in Missouri. By allowing ex post facto legislation in civil claims, survivors may find new avenues for legal recourse against perpetrators, even if the violations occurred many years prior. This amendment could lead to an increase in lawsuits filed by victims seeking redress, reshaping the civil legal processes surrounding child sexual abuse cases.
HJR58 proposes a significant amendment to the Missouri Constitution that seeks to permit the enactment of ex post facto laws specifically pertaining to civil child sexual abuse claims. Traditionally, ex post facto laws are prohibited due to their retrospective nature which can unjustly affect individuals adversely based on changes in law. The proposed amendment would carve out an exception to this rule, allowing the passage of laws that address civil claims related to child sexual abuse, effectively enabling victims to seek justice regardless of when the abuse occurred relative to the current legal frameworks.
This proposal, however, is not without controversy. Proponents argue that it is a necessary reform aimed at providing justice to survivors who were previously denied the opportunity to hold their abusers accountable due to the expiration of statutes of limitations. Critics, on the other hand, may contend that the amendment undermines the principle of legal fairness, which typically protects individuals from retrospective application of laws. The discussion surrounding HJR58 reflects broader societal debates about justice for victims versus the rights of defendants under established legal norms.