WHEREAS, persons sexually abused
as children may not recall the trauma of, or realize the long term emotional
effects of, such abuse until long after it occurred; and
WHEREAS, once the victim
realizes how he or she has been damaged, the abuser is often beyond the reach
of civil law in Delaware due to the State’s two-year statute of limitations;
and
WHEREAS, studies have shown that
abusers are often persons in positions of trust in relation to children; and
WHEREAS, to protect the children
of this State, it is necessary to make available every deterrent to those who
would cause such harm and to provide the ability to obtain monetary damages
from abusers to help every victim recover;
NOW
THEREFORE:
BE IT ENACTED BY
THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Chapter 81 of Title 10 of the Delaware Code
is hereby amended by adding thereto the following new § 8145 which shall read
as follows:
Ҥ 8145. Civil action based on childhood sexual abuse.
(a)
A civil action brought against any person for committing
an act or acts of childhood sexual abuse, or against any entity who owed a duty
of care to the plaintiff, for recovery of damages for injury or a condition
suffered as a result of the childhood sexual abuse shall be commenced within
six (6) years of the act or acts alleged to have caused the injury or
condition, or within six (6) years from the time the victim discovered that the
injury or condition was caused by the act or acts or the victim recalled the
act or acts. The victim need not
establish which act or acts in a series of continuing sexual abuse or sexual
exploitation caused the injury or condition whether physical or emotional.
(b)
As used in this Section, ‘childhood sexual abuse’ means
any act that was, or would have been, a violation of the following
statutes: Title 11 of the Delaware Code, §§ 611, 612, 613, 615,
763, 764, 765, 767, 768, 769, 770, 771, 772, 773, 776, 778, 779, 1106, 1108 or
1112A or any similar sexual crimes with a child victim that were of similar
effect at the time the act was committed.
If the defendant to the civil action was convicted of any of the crimes
listed above, proof of a conviction shall be proof positive in the civil action
of his or her commission of the act or acts for which the plaintiff seeks to
recover damages.
(c)
Notwithstanding any other provision of Delaware
law, any claim for damages that would be permitted to be filed pursuant to
paragraph (a) that would be barred as of the effective date of this Act because
the previously applicable statute of limitations expired, shall be revived by
this Act. In such a case, a cause of
action may be commenced within two (2) years of August 1, 2006.
Nothing in this subdivision shall be construed to alter the applicable
statute of limitations period of an action that is not barred as of August 1, 2006, as those victims will
be eligible for the extension of time provided by this Act.”.
Section
2. The effective date of this Act shall
be August 1, 2006.
Section
3. The provisions of this Act are
severable, and if any provision is held null or void by a court of law, the
remaining portions shall continue in full force and effect.
