WHEREAS, persons sexually abused
as children are traumatized and suffer long term emotional effects of such
abuse; and
WHEREAS, once the victim becomes
an adult, 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)
No action to recover damages for childhood sexual abuse
shall be brought after the expiration of twenty-five (25) years from the date
the victim attains the age of majority.
(b)
A person injured as a result of childhood sexual abuse need
not establish which act or acts in a series of continuing sexual abuse or
sexual exploitation caused such injury, whether physical or emotional.
(c)
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,
§ § 763, 764, 765, 767, 768, 769, 770, 771, 772, 773, 776, 778, 779, 780, 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 a defendant in a civil action was convicted of any of the crimes
listed above, and if the act or acts for which the plaintiff seeks damages are
those that constituted the criminal offense, then proof of such conviction
shall conclusively establish in the civil action that the defendant committed
such act or acts.
(d)
As used in this section, 'age of majority' means the
age of majority established by § 701 of Title 1 of the Delaware Code.
(e)
Any law of this State to the contrary notwithstanding,
this section shall apply to the State and political subdivisions of the State,
including school districts, and to any public officer or employee of the State
or of a political subdivision of the State, including school districts. In a civil action brought to recover damages
based on childhood sexual abuse, neither the State, nor any political
subdivision of the State, including school districts, shall not be entitled to
the privileges and immunities provided in Chapter 40 of this Title. This section shall apply to causes of action
for childhood sexual abuse that arise on or after August 1, 2006. Nothing
in this section shall be construed to apply retroactively to revive any action
that prior to August 1, 2006,
was barred by operation of the applicable statute of limitations. Any cause of action for childhood sexual
abuse that as of August 1, 2006,
is not barred by the applicable statute of limitations, shall be governed by
the extended limitations period provided by this section.”.
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.
