The Minnesota House could vote today on an overdue measure to allow victims of childhood sexual abuse more time to pursue justice through civil courts.
The Minnesota Child Victims Act would relax the civil statute of limitations, which is unduly narrow and protective of sexual predators. The Senate is considering a similar measure.
Sadly, those lobbying hardest to defeat the needed change include associations of schools, churches and child-care centers. They represent the very kinds of institutions that have dominated headlines for failing to protect children from sexual predators.
Is there really a need to remind the public that former Penn State coach Jerry Sandusky was convicted on 45 counts of child sexual abuse just last summer? Or that a Missouri Catholic bishop is still on the job after being convicted last year of a criminal misdemeanor for failing to report abuse?
Under current Minnesota law, individuals abused as children have until age 24 to file suit, which is a stricter standard than in many states. The age limit doesn't take into account that it can take some victims decades to come to terms with the abuse they suffered. Another consideration: "The states that have very restrictive statutes of limitations tend to have more sex-abuse scandals," said Jeff Dion of the National Center for Victims of Crimes.
The House measure would eliminate the statute of limitations in future civil cases and allow a three-year window to file on past cases. Lawmakers should support this compromise measure and resist amendments that come up with new age limits, weaken institutional liability or introduce onerous standards of proof.
The Senate version would eliminate the civil statute of limitations altogether, as has been done in four states. That's a better approach because it would allow victims to seek justice when they are able.
Opponents include the Minnesota Child Care Association, the Minnesota Association of School Administrators, the Minnesota Religious Council (lobbying for Catholic, Episcopal, Lutheran and United Methodist churches) and others.