Proposal would remove time limit on third-party child sexual assault lawsuits

The Judiciary Committee heard testimony March 26 on a measure that would remove the current time limitation in state law for filing certain civil claims in child sexual assault cases.

Under current law, a claimant has until 12 years after their 21st birthday to pursue a civil action against a third party in cases of child sexual assault. LB12, sponsored by Sen. George Dungan of Lincoln, would eliminate that time limitation for cases arising after the bill’s effective date.

Dungan said there currently is no statute of limitations against an individual perpetrator, only against third parties who may have had knowledge of the abuse and not protected the victim or been negligent in their duty of care in other ways.

Allowing abuse survivors more time to bring a claim against third parties would provide access to more people who have difficulty processing the abuse they suffered, he said. It often takes time to disclose, he said, and survivors shouldn’t be punished for that.

“For me, this is about supporting those survivors and it’s about allowing individuals to have their day in court even if they’ve had difficulty coming forward,” Dungan said.

Jennifer Turco Meyer testified in support of the measure on behalf of the Nebraska Association of Trial Attorneys. Abuse memories often can be repressed because of the psychological impact on a child, she said, and the current time limit on lawsuits against third parties is an “arbitrary” barrier to victims seeking justice.

Janice Thomas also spoke in favor of LB12. Thomas said her son was sexually assaulted at age 11 by a Catholic priest, one of 255 reported assaults by clergy in Lincoln and Omaha outlined in a 2021 report from the Nebraska Attorney General’s Office.

“His assault happened in 1980 and was reported in 2021,” Thomas said. “That was 41 years of silence.”

Thomas said it took individuals in the report an average of 27 years to report the crimes against them. Shame, fear, self-blame and guilt all can impact child victims of sexual assault, she said, and keep them from coming forward.

Jill Tillinghast said the clergy member who sexually assaulted her brother is now deceased and will never be prosecuted. For others like her brother, the only possibility for a sense of justice would be through civil action against the third party that failed to protect them, she said.

“When sexual assault [is] perpetrated and covered up within a powerful institution like the Catholic Church, the betrayal … is uniquely deep,” Tillinghast said. “It is too late for him to have justice within the legal system, so I come forward today to ensure other children like him are not limited by the law.”

Testifying against the measure was Korby Gilbertson, speaking on behalf of the American Property Casualty Insurance Association.

Ownership of a company could change hands between the time an assualt was committed and the filing of a lawsuit, Gilbertson said, resulting in the new owners being sued for an incident they had no knowledge of or involvement in if there is no statute of limitations.

Robert Bell, representing the Nebraska Insurance Federation, echoed those concerns. Testifying in opposition to LB12, he said lawsuits brought decades after an incident are challenging to defend against.

“Evidence becomes more difficult to find, records disappear or are destroyed, witnesses’ memories fade or change — even if witnesses can be found,” Bell said. “This is why statutes of limitation exist to begin with, to protect against litigation that cannot be conducted justly and to encourage injured parties to seek redress as quickly as practicable.”

The committee took no immediate action on the proposal.