{"id":21652,"date":"2017-04-06T11:20:52","date_gmt":"2017-04-06T17:20:52","guid":{"rendered":"http:\/\/update.legislature.ne.gov\/?p=21652"},"modified":"2017-04-06T11:20:52","modified_gmt":"2017-04-06T17:20:52","slug":"statute-of-limitations-exception-for-child-sex-assault-advanced","status":"publish","type":"post","link":"https:\/\/update.legislature.ne.gov\/?p=21652","title":{"rendered":"Statute of limitations exception for child sex assault advanced"},"content":{"rendered":"

Lawmakers gave first-round approval April 5 to a bill that would provide child victims of sexual assault more time to seek damages.<\/p>\n

\"Sen.
Sen. Bob Krist<\/figcaption><\/figure>\n

LB300, introduced by Omaha Sen. Bob Krist, would eliminate the statute of limitations for any civil action brought against a perpetrator of sexual assault against a child. He said many victims of such assault require years to process their traumatic experience. Krist said the bill would give victims an opportunity for closure and justice.<\/p>\n

\u201cI brought this bill so that these people who have suffered these injuries could finally feel some peace,\u201d he said.<\/p>\n

Krist introduced an amendment, adopted 25-15, which would allow the bill\u2019s provisions to be applied retroactively to cases that had previously exceeded the statute of limitations. In those cases, a victim could file suit in civil court within 35 years of his or her 18th birthday, or within three years of the bill\u2019s operative date, whichever is longer.<\/p>\n

Under the bill, civil action against any person or entity other than the individual perpetrator only could be brought within 12 years of the victim\u2019s 21st birthday.<\/p>\n

Sen. Joni Craighead of Omaha supported the bill. She said allowing victims to bring civil action when they are emotionally ready is the best way to handle a very difficult situation.<\/p>\n

\u201cSometimes it takes years and years of therapy for victims to grasp what has happened to them,\u201d Craighead said. \u201cRemoving the statute of limitations is a very good thing.\u201d<\/p>\n

Lincoln Sen. Mike Hilgers raised concerns about the legality of applying the bill\u2019s provisions retroactively. He said the Legislature must strike a balance between allowing victims to seek redress and letting defendants move forward with their lives. Reopening a case that already has been deemed closed could violate the state constitution, Hilgers said.<\/p>\n

\u201cFor individuals who already have passed the statute of limitations, the law says you no longer have to be concerned with a civil action,\u201d he said.<\/p>\n

In response, Krist introduced an amendment that would add a severability clause, which means that if one part of the bill would be declared unconstitutional, the declaration would not impact the remaining parts of the bill.<\/p>\n

Krist said a case currently pending before the Nebraska Supreme Court could result in a definitive decision on the retroactivity provisions in the bill.<\/p>\n

Omaha Sen. Ernie Chambers said he supports the concept behind the bill but had similar constitutionality concerns as Hilgers.<\/p>\n

\u201cIf [LB300] is unconstitutional when it is passed, it cannot be made constitutional based on a [court] decision after the Legislature has acted,\u201d he said.<\/p>\n

Following the 25-2 adoption of the severability amendment, senators advanced the bill to select file on a 29-3 vote.<\/p>\n","protected":false},"excerpt":{"rendered":"

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