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Sexual Abuse Statute of Limitations Amendment Act of 2018 - Two Year Window Guide

PRESS RELEASE | FACT SHEET | PAMPHLET | PRESENTATION

On May 3, 2019, the Statute of Limitations Amendment Act of 2018 became effective law. Not only did the law end the criminal and civil statute of limitations for sexual abuse, it also opened a two year window for victims to file civil claims even if they were previously time-barred under the old statute of limitations.

Now individuals have until the age of 40, or 5 years from when they knew, or reasonably should have known, of any act constituting sexual abuse, whichever is later, to file a civil action. The window closes on May 3, 2021.

Councilmember David Grosso has partnered with the Zero Abuse Project and National Crime Victim Bar Association to educate the public and raise awareness of this two year window and connect victims to resources to heal and seek justice.

Councilmember Grosso and the Zero Abuse Project hosted a town hall on Nov. 6, 2019 at 6pm in the John A. Wilson Building to discuss changes to the statute of limitations requirements for child sexual abuse in states and cities around the country.

Zero Abuse Project Chief Executive Officer Jeff Dion guided a conversation with leading child welfare advocates and sexual abuse prevention experts about a new opportunity for survivors of child sexual abuse to seek justice. In addition, the townhall included the voices of survivors and the Councilmembers who have been critical in seeing the bill into law. You can find the full presentation from the town hall here.

Resources

  • National Sexual Assault Hotline - No matter the stage of recovery, confidential, anonymous support is available 24/7 for survivors and loved ones.

  • DC Victim Hotline - Represents an unprecedented collaboration of service providers in DC who are working to seamlessly connect victims of crime to free, resources and to help them navigate the physical, financial, legal, and emotional repercussions of crime.

  • National Crime Victim Bar Association - Certified by the American Bar Association, NCVBA offers a referral service for survivors who would like to pursue civil suits. Referrals are based on type of case and location. Each survivor will be offered three referrals.

  • Other Resources

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Councilmember Grosso joined by national advocates to encourage victims of sexual abuse to file civil claims under new law

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Councilmember Grosso joined by national advocates to encourage victims of sexual abuse to file civil claims under new law

For Immediate Release:
October 7, 2019
 
Contacts:
Councilmember Grosso: Matthew Nocella, 202.724.8105 - mnocella@dccouncil.us

Zero Abuse Project: Melissa Green, 202.618.6961 - melissagreen@rational360.com

Grosso joined by national advocates to encourage victims of sexual abuse to file civil claims under new law

Washington, D.C. – Victims of sexual abuse in the District of Columbia may be eligible to file civil lawsuits against their abusers, even if previously barred by the statute of limitations under a law enacted by the D.C. Council last year.

The Sexual Abuse Statute of Limitations Amendment Act of 2018, which incorporated parts of Councilmember David Grosso’s Childhood Protection Against Sexual Abuse Amendment Act, ended the criminal statute of limitations and extended the civil statute of limitations for any case of sexual abuse–not just acts of sexual abuse that occurred while the survivor was a minor.

Additionally, the law created a two-year window for civil claims that were previously time-barred for survivors up to the age of 40 to be filed.

“The recent spate of high-profile cases involving allegations of and convictions for sexual abuse underscore the pervasiveness of sexual assault in America,” said Councilmember David Grosso at a press conference held today with advocates for survivors of sexual abuse. “The prevalence of these incidences, across every sector, from the Catholic Church to as far-reaching as the Office of the President of the United States, defies the word ‘problem.’ As policymakers, we have to ensure that every available option is afforded to those who have been harmed. This law will allow the many courageous survivors across the city to seek justice under the law.”

Previously, civil actions related to sexual abuse must have been commenced within 7 years of the date the victim attains the age of 18 or 3 years from when the victim knew, or reasonably should have known, of any act constituting the abuse, whichever is later. Now individuals have until the age of 40, or 5 years from when they knew, or reasonably should have known, of any act constituting sexual abuse, whichever is later, to file a civil action.

D.C. is leading the way along with seven states as part of a growing national movement to end statutes of limitation for sexual abuse. Grosso partnered with national organizations Zero Abuse Project and the National Crime Victims Bar Association to educate and raise awareness of the window for survivors to file civil lawsuits over the next two years.

“I want to thank Councilmember Grosso for his efforts to assist survivors and protect the children of the District of Columbia from future abuse. Because of this work, under the Sexual Abuse Statute of Limitations Amendment Act of 2018, survivors of child sexual abuse can now seek justice and hold predators and the institutions that covered for them accountable for decades of abuse,” said Jeffery Dion, CEO of the Zero Abuse Project. “Moving forward, the new law also removes the perverse incentives for institutions to cover abuse as they can no longer just wait out a short statute of limitations to protect their reputation. The Sexual Abuse Statute of Limitations Amendment Act of 2018 is in fact our most powerful tool to stop abuse and protect kids.”

The law became effective on May 3, 2019 and thus victims of sexual abuse whose claims had been previously barred due to the statute of limitations have until May 3, 2021 to file civil lawsuits against their abusers.

“As a survivor of child sexual abuse that occurred here in DC, I want to commend Councilmember Grosso for a critical first step for survivors. The two year window and extending the age to 40 from 25 is a huge victory,” said former NFL player Al Chesley, who survived sexual abuse at the hands of D.C. police officer in his youth. “It took 33 years after my abuse to be willing to admit it to myself and talk about it with others – I was 48 years old which also happens to be the national average for survivors to come forward -- so I encourage everyone working to support survivors of child sex abuse to continue to push until there is no statute of limitations for civil cases.” Chesley continued.

The National Crime Victim Bar Association offers a referral service for survivors who would like to pursue civil suits. Referrals are based on type of case and location. Each survivor will be offered three referrals.

“The enactment of the Sexual Abuse Statute of Limitations Amendment Act of 2018 represents a crucial step in helping victims of child sexual abuse seek justice so long denied to them. It also represents a much-needed readiness to hold abusers, and those who remained complicit with abuse, accountable for their crimes,” said Renee Williams, Director of the National Crime Victim Bar Association. “The National Crime Victim Bar Association stands ready to assist victims of child sexual abuse by ensuring they have access to the civil justice system. Victims seeking an attorney can request an attorney referral by accessing victimbar.org/referrals or by calling 1-844-4HELPDC.

“I hope more jurisdictions to follow our lead,” said Grosso. “Child safety depends on legislators holding institutions, not just individual perpetrators, accountable for their actions. We cannot continue to allow individuals or institutions to maintain their depraved secrets. We must instead encourage and empower victims to come forward and know that a fair and just system is in place to help them right unspeakable wrongs.”

Grosso and the Zero Abuse Project will hold a town hall at the John A. Wilson Building on Wednesday, November 6, 2019 to educate survivors about their options and connect them to resources to seek justice and healing.

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Statement of Councilmember Grosso on suspension of Springboard programs at D.C. schools

For Immediate Release:
June 12, 2019
 
Contact:
Matthew Nocella, 202.724.8105 - mnocella@dccouncil.us

Statement of Councilmember Grosso on suspension of Springboard programs at D.C. schools

Washington, D.C. – The following is a statement from Councilmember David Grosso, chairperson of the Committee on Education, on the suspension of Springboard Education’s before- and after-care programs following a sexual abuse incident that involved a Springboard employee at Capitol Hill Montessori at Logan:

“I take very seriously the issue of sexual assault and abuse, especially against our students. Youth deserve a safe environment in which to learn and incidents like what happened at Capitol Hill Montessori at Logan violate their sense of security. We must redouble our efforts to prevent these violations. 

“That is why I recently introduced, passed, and fully funded the School Safety Omnibus Amendment Act. This law requires all schools to have policies in place to prevent and properly respond to sexual abuse by adults against children and sexual harassment and assault among students. The bill also increases the requirements of D.C. Public Schools, charter schools, and private schools to uncover past sexual misconduct of any potential employees who will have direct contact with students, including those who provide before- and after-care. Schools must also train staff, contractors, and volunteers on preventing, detecting, and reporting sexual abuse or misconduct. 

“In just the past year, several incidences of sexual assault—whether perpetrated by students or by adults against students—have occurred here in the District of Columbia, in traditional public, public charter, and private schools. It was upsetting enough to learn of these incidents, but in too many cases we also learned that the school’s response was inadequate.

“I want to commend DCPS for following the proper protocols and referring the situation to the Metropolitan Police Department when they were informed of the incident. I also applaud both DCPS and charter schools who have contracted with Springboard for acting swiftly to suspend their services. However, greater efforts must be made before employees ever step foot in our schools to guarantee that they do not intend to harm our students. I have further questions about how schools, and the Office of the State Superintendent of Education when appropriate, are ensuring that contractors like Springboard have conducted the proper screening of employees. This incident also shows the need for training and clear policies on detecting sexual abuse including red flags of potential violations.”

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Judiciary Committee advances legislation to help sexual abuse survivors heal

For Immediate Release:
October 4, 2018
 
Contact:
Matthew Nocella, 202.286.1987 - mnocella@dccouncil.us

Judiciary Committee advances legislation to help sexual abuse survivors heal

Washington, D.C. – The following is a statement from Councilmember David Grosso (I-At Large), member of the Committee on Judiciary & Public Safety, on the committee’s approval of the Sexual Abuse Statute of Limitations Amendment Act of 2018 which incorporates pieces of the Childhood Protection Against Sexual Abuse Amendment Act, a measure Grosso introduced in 2015 and 2017:

“For over a decade, the Council has considered some form of legislation meant to help childhood survivors of sexual abuse heal from the trauma of their experience. Today, we finally advanced legislation that will allow those survivors to seek justice and recompense and further hold the individuals who perpetrate these atrocities accountable.

“I originally introduced the Childhood Protection Against Sexual Abuse Amendment Act because I believe there are few actions more depraved than sexual violence against children. The experience of sexual violence as a child is one that endures for ages.  Most survivors do not come forward until well into adulthood, suffering for years with depression, feelings of guilt and sometimes difficulty forming intimate relationships. 

“I applaud the expansion in the legislation we have approved today which allows an individual to file a civil suit to recover damages for any sexual abuse – not just acts of sexual abuse that occurred while the victim was a minor.

“The recent spate of high-profile cases involving allegations of and convictions for sexual abuse underscore the pervasiveness of sexual assault in America. The prevalence of these incidences, across every sector, from the Catholic Church to as far reaching as the Office of the President of the United States, defies the word "problem." This is an epidemic, and what we've come to realize is that American culture has and continues to reinforce the normalization of sexual violence. Far too often, survivors of sexual violence are let down by the justice system.

“While this bill is not a panacea, it will go a long way to encourage and empower victims to come forward and know that a fair and just system is in place to help them right wrongs and begin to heal.

“As policymakers, we have to ensure that every available option is afforded to those who have been harmed and this legislation will allow the many courageous survivors across the city to seek justice under the law. I want to thank Chairperson Charles Allen and his staff for the time and effort that has been dedicated to advancing this measure to mark-up. I urge my colleagues to support this legislation when it comes before the full Council.”

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