Change to sexual abuse case filing time limitations proposed

On behalf of Aiken and Aiken P.C. Personal Injury Attorneys posted in Sexual Abuse, on Monday, December 16, 2013

There are a number of individuals in Massachusetts that would like to see the laws changed concerning the time that victims of childhood sexual abuse have to file lawsuits.  There are also those advocating this legislation that would like to see the Roman Catholic Archdiocese of Boston support the proposed law as well.An open letter from a group of child welfare advocates to Cardinal Sean O’Malley was printed in the Boston Globe.  The letter asserted that the legislation would be consistent with the mission of the Catholic Church to protect the sanctity of all human life.  The letter claims that support of this legislation could help “prevent more children from being abused.” This bill is just one of the efforts being made to allow more time for victims of sexual abuse the right to pursue the abusers in state court.  Current Massachusetts law caps filing for childhood sexual abuse cases by victims at the age of 21.  At least one proposal would allow such a filing up to the age of 55.Fortunately, as we point out on our website, there are still exceptions to the 21-year-old filing cap requirement where repression of memory may have taken place.  Yet even in these circumstances it will still take a knowledgeable and experienced attorney in place to prove such a case up.Opponents fear that the proposed changes in legislation would expose the church to even more liability.  While this could be the case, we also do not wish to see limitations put in place that would prevent victims from bringing valid claims of child sexual abuse.  The trauma towards victims can last a lifetime. Source: Boston.com, “Group seeks to extend time abuse victims can sue,” Dec. 9, 2013