Coalition to Support the Child Victims' Civil Rights Act
GOAL:
As the First State, we want Delaware to enact the strongest law in the nation to protect our innocent children from sexual abuse. This law can be the blueprint for other states to follow so at long last, all children in the United States will finally have their full civil rights.
Synopsis:
1. Repeals the statute of limitations in civil suits relating to child sexual abuse cases.
2. Provides a two-year, one-time "window" in which victims can bring a civil action in cases previously barred by the current statute.
Rational:
1. Murder has no statute of limitations. The rape of a child is a heinous crime that ranks with murder and kills the child's innocence - therefore there should be no statute of limitations.
2. A civil window is a limited period of time when the previous statute of limitations is suspended and victims of child molestations may go to court to identify and punish past and present child predators.
Objectives:
1. To recognize child sexual abuse as a serious crime with long-term consequences and to close loopholes that exist allowing child predators to get away without being punished because of an inadequate existing law.
2. A civil window will:
a. Help to identify and bring to public account past and presently active pedophiles in our time-honored system of justice.
b. Hold individuals and institutions, which hide and enable these abusers accountable - this will have a chilling effect on this activity in the future.
c. Give childhood sex abuse survivors a chance to find justice.
UNACCEPTABLE
Our coalition will not accept amendments that weaken and turn a good civil rights bill into a "do nothing - feel good" bill. Some examples of these unacceptable amendments are:
1. Limiting the bill to punishing individuals (the teacher, priest, employee) and not to hold employees or institutions liable if they are guilty of gross neglect in protecting children.
This type of an amendment would render the bill totally ineffective. In most cases civil damages could only come from the institutions that enabled these crimes. The individual predators in many cases have little resources. We will not support qualified immunity for the state or any other group.
2. An amendment not allowing civil action to go forward by eliminating cases in which repressed memory is a factor.
Doctors recognize repressed memory as a valid disease process. Also, state and federal courts throughout the United States have recognized repressed memory as valid.