Section
1. Title 10 of the Delaware Code is
hereby amended by adding to Chapter 81 a new Section 8145 which shall read as
follows:
Ҥ8145. Civil suits for damages based upon sexual
abuse of a minor by an adult.
(a)
A cause of action based upon the sexual abuse of a
minor by an adult may be filed in the Superior Court of this State at any time
following the commission of the act or acts that constituted the sexual
abuse. A civil cause of action for
sexual abuse of a minor shall be based upon sexual acts that would constitute a
criminal offense under the Delaware Code.
(b)
For a period of two years following the effective date
of this bill, victims of child sexual abuse that occurred in this State who
have been barred from filing suit against their abusers by virtue of the
expiration of the former civil statute of limitations, shall be permitted to
file those claims in the Superior Court of this State. If the person committing the act of sexual
abuse against a minor was employed by an institution, agency, firm, business,
corporation, or other public or private legal entity that owned a duty of care
to the victim, or the accused and the minor were engaged in some activity over
which the legal entity had some degree of responsibility or control, damages
against the legal entity shall be awarded under this subsection only if there
is a finding of gross negligence on the part of the legal entity
(c)
A person against whom a suit is filed may recover
attorney’s fees where the Court determines that a false accusation was made
with no basis in fact and with malicious intent. A verdict in favor of the accused shall not
be the sole basis for a determination that an accusation was false. The Court must make an independent finding of
an improper motive to award attorneys’ fees under this section.”
Section 2. This bill shall be
known as the “Child Victim’s Act”.
Section 3. If any provision of
this act or the applications thereof to any person or circumstance is held
invalid, the invalidity shall not affect other provisions or applications of
the act which shall be given effect without the invalid provision or
application; and, to that end, the provisions of this act are declared to be
severable.
