Wisconsin Assembly Bill AB301

Wisconsin 2023-2024 Regular Session

• Introduced: 5/25/23
• Refer: 5/25/23
• Failed: 4/15/24

Caption

The statute of limitations for sexual contact with a child.

Impact

The implications of AB301 are profound, as it is expected to impact state laws significantly regarding the prosecution and civil recourse available to survivors of childhood sexual assault. By allowing more time for individuals to pursue legal action, the bill recognizes the long-lasting effects of such traumas and aligns the legal framework with contemporary understanding of these issues. Additionally, this change emphasizes the importance of protecting vulnerable populations and holds offenders accountable for prolonged periods, which could encourage more victims to come forward and seek justice.

Summary

Assembly Bill 301 proposes a significant change in the statute of limitations for bringing civil actions related to sexual contact with children. Specifically, it seeks to extend the time frame for victims to initiate lawsuits from the current age limit of 35 to 45 years. This extension applies to various types of actions involving sexual assault or contact by both adults and adult clergy towards individuals under the age of 18. As a result, survivors of childhood sexual abuse will have more time to seek justice and compensation for their experiences, acknowledging that many victims may not come forward until later in life due to various personal and societal factors.

Contention

Despite its supportive ramifications for victims, AB301 has generated discussion regarding its implications for defendants and insurance liability. Critics express concerns that extending the statute of limitations may lead to increased difficulties for those defending against old claims, particularly if crucial evidence is no longer available due to the passage of time. Moreover, there are worries regarding the potential financial ramifications for institutions and organizations, including religious entities, that may face lawsuits for incidents that occurred decades ago. This aspect has spurred debates about fairness for both victims and the accused.