Monday, February 11, 2013

2013 Indiana Senate Bill 142 Child Sexual Abuse - Legislation Part 21

Senator Mrvan has introduced a bill to extend the statute of limitations for a civil action alleging child sexual abuse.

Senate Bill 0142 affects the following citations: IC 34-11-2-4; IC 35-41-4-2. The synopsis is as follows:
Statutes of limitations involving child sex abuse. Increases the statute of limitations for a civil action based on child sexual abuse to the later of:
(1) seven years after the cause of action accrues; or
(2) four years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse.
Increases the statute of limitations for the criminal prosecution of certain sex offenses from five years to the later of:
(1) ten years after the commission of the offense; or
(2) four years after the person ceases to be a dependent of the person alleged to have committed the offense.


My first thought about this bill is that the Catholic Church is going to need to set aside some additional funds into their legal defense accounts. Child victims of sexual abuse are naturally quite reluctant to report or otherwise make the abuse known. I do have some concern with the language limiting a cause of action to within four years after the child is no longer a dependent of the alleged perpetrator. I would rather see this amended to four years after reaching the age of majority or being emancipated. This would be more consistent with the age at which these victims begin to seek resolution.

SB142 has been assigned to the Committee on Corrections and Criminal Law.

If you were a child sex abuse victim and need assistance with reconciling that with your current life development then please visit my website and contact my scheduler to make an appointment to meet with me.

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More information about child custody rights and procedures may be found on the Indiana Custodial Rights Advocates website.

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