Child sexual abuse is a horrific crime that can have devastating and long-lasting effects on the survivors. In Delaware,like in many other jurisdictions,the statute of limitations (SOL) plays a crucial role in determining the timeframe within which a victim can seek legal recourse. The SOL sets a limit on the period during which a survivor can file a lawsuit or press charges against the perpetrator. However,the laws surrounding the SOL for child sexual abuse in Delaware have evolved over the years to provide greater support and justice for survivors.
Delaware child sexual abuse attorney Phil Edwards made the following comment,Delaware’s approach sets a positive precedent for other jurisdictions to follow,ensuring that survivors of child sexual abuse are heard,believed,and empowered to seek justice at any stage of their lives.
Age Cap
One significant aspect of Delaware’s SOL for child sexual abuse is the absence of an age cap for claims. Unlike some states that restrict claims to a specific age,Delaware allows survivors to come forward at any age and seek justice for the crimes committed against them. This recognition is essential as survivors of child sexual abuse often struggle with trauma and may take years to disclose their experiences.
Over time,Delaware has witnessed changes in its SOL laws,reflecting a growing understanding of the unique challenges faced by survivors of child sexual abuse. In 2007,the state eliminated the SOL for child sexual abuse claims,recognizing the importance of providing survivors with the opportunity to seek justice regardless of the passage of time. This elimination was a significant step towards supporting survivors and holding perpetrators accountable.
In 2014,Delaware further extended the SOL for certain cases related to trafficking,forced labor,and sexual servitude. For these specific crimes,survivors now have until the age of 23 to pursue legal action,allowing them additional time to come to terms with their experiences and decide on the appropriate course of action.
Revival Laws
The concept of revival laws has also played a crucial role in addressing historical cases of child sexual abuse. In 2007,Delaware enacted the Child Victim’s Act,which opened a two-year revival window for previously expired child sexual abuse claims against all defendants. This window,which was open from July 10,2007,to July 9,2009,provided an opportunity for survivors to seek justice,even if their claims had previously been time-barred. In 2010,another two-year revival window was added specifically for claims by a patient against a healthcare provider,ensuring that survivors in this context were not overlooked.
Discovery Rule
While Delaware does not have a statutory discovery rule for child sexual abuse claims,the common law discovery rule recognizes the impact of repressed memories. In 2006,the judiciary recognized that repressed memories of child sexual abuse fall within the common law discovery rule exception for “inherently unknowable injuries.” This recognition means that the SOL does not begin to run until a victim with repressed memories becomes aware of the abuse. This acknowledgment is particularly important because survivors of child sexual abuse often suppress their memories as a coping mechanism,making it difficult for them to come forward immediately.
Conclusion
Understanding the SOL for child sexual abuse in Delaware is crucial for survivors and their advocates. It is a testament to the evolving legal landscape that acknowledges the unique challenges faced by survivors of child sexual abuse. By eliminating age caps,extending the SOL for certain cases,enacting revival laws,and recognizing the impact of repressed memories,Delaware strives to provide survivors with the necessary support and opportunity to seek justice. It is essential for survivors,their families,and the community to be aware of these laws and resources available to ensure a safe and just society for all.