Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022

Floor Speech

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Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the bill (S. 3103) to amend title 18, United States Code, to eliminate the statute of limitations for the filing of a civil claim for any person who, while a minor, was a victim of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of such title.

The Clerk read the title of the bill.

The text of the bill is as follows: S. 3103

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022''. SEC. 2. ELIMINATION OF THE STATUTE OF LIMITATIONS.

Section 2255 of title 18, United States Code, is amended by striking subsection (b) and inserting the following:

``(b) Statute of Limitations.--There shall be no time limit for the filing of a complaint commencing an action under this section.''. SEC. 3. EFFECTIVE DATE; APPLICABILITY.

This Act and the amendments made by this Act shall--

(1) take effect on the date of enactment of this Act; and

(2) apply to--

(A) any claim or action that, as of the date described in paragraph (1), would not have been barred under section 2255(b) of title 18, United States Code, as it read on the day before the date of enactment of this Act; and

(B) any claim or action arising after the date of enactment of this Act.

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Mr. NADLER. 3103.

Mr. Speaker, S. 3103, the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022 is bipartisan legislation that would ensure that survivors of child sex abuse are not barred by a statute of limitations when seeking civil damages in court.

Data suggests that 86 percent of child sexual abuse goes unreported. Also common is delayed disclosure, or the tendency of survivors of child sexual abuse to wait many years before disclosing abuse to others.

This is because survivors of sexual abuse often take a long time to process their trauma, and many survivors who were abused as a child may not even recognize the abuse they suffered until much later in life.

Unfortunately, because survivors of child sexual abuse often delay reporting, any statute of limitations may prevent survivors from accessing justice and seeking damages in civil court.

The current Federal civil remedy statute for victims of child sexual abuse includes a statute of limitations requiring all claims to be filed within 10 years of the injury or not later than 10 years after the victim turns 18 years old.

These statutes of limitation can serve to protect the abusers and enable them to continue to exploit their power by allowing victims' claims to expire.

This bill will enable survivors who are victims of Federal child sex abuse offenses, including aggravated sexual abuse, sex trafficking, human trafficking, forced labor, and sexual exploitation, to seek civil damages in Federal court regardless of the amount of time that has passed since the abuse.

Mr. Speaker, I thank the gentlewoman from North Carolina (Ms. Ross) for joining Senator Durbin in introducing this important legislation and recognizing that the challenges survivors face in reporting the trauma they have experienced should not bar them from accessing justice in the courts.

Mr. Speaker, I urge all my colleagues to support the bill, and I reserve the balance of my time.

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Mr. NADLER. Ross), the sponsor of the bill.

Mr. Speaker, S. 3103 is bipartisan legislation that would ensure that survivors of child sex abuse are not barred by a statute of limitations when seeking justice in the courts.

This bill recognizes that many victims of child sexual abuse delay reporting the trauma they have experienced. Therefore, it will enable survivors who are victims of more than a dozen Federal sex abuse offenses to seek civil damages in Federal court regardless of the time that has passed since the abuse.

Mr. Speaker, I urge all Members to support the bill, and I yield back the balance of my time.

Ms. JACKSON LEE. Mr. Speaker, I rise in support of S. 3103, the ``Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022,'' bipartisan legislation that would eliminate the statute of limitations for victims of federal child sexual abuse offenses to file civil claims against their abusers in federal court.

This legislation would allow survivors of more than a dozen federal child sex abuse offenses to have their day in court no matter the time it takes them to disclose their abuse.

Oftentimes victims of offenses, such as aggravated sexual abuse, sex trafficking, human trafficking, sexual exploitation, and child pornography require years of treatment to process and disclose their victimization.

This is particularly true for young victims of these despicable crimes, who continue to process trauma inflicted upon them well into adulthood--only to be barred by statutes of limitations that prevent them from holding their abusers accountable when they are able to name them.

We have come to understand the effects of fear, depression, and shame that result from the trauma of sexual abuse, and the power dynamics between child victims and adult abusers, that explain why victims may not immediately report abuse--or delay disclosure for decades.

Although we extended the statute of limitations in 2018 for federal civil child sex abuse claims for damages until the victim reaches age 28 or until 10 years after discovery of the offense, that extension does not reflect current findings on the delayed disclosure of child sex abuse.

A study by the Institute on Domestic Violence & Sexual Assault (IDVSA) at The University of Texas found that, in my home state of Texas, there are almost 79,000 minors and youth victims of sex trafficking, while data from CHILD USA suggests that almost 90 percent of child sexual abuse goes unreported.

Countless examples of delayed disclosure--by adults victimized as children--fill the headlines of newspapers, televised news reports, and social media posts from every corner of the country.

One study of more than 1,000 survivors found that the average age of survivors at the time of disclosure was roughly 52 years old.

Historically, statutes of limitations have silenced victims and favored their abusers--allowing them to escape accountability.

However, since 2002, 49 states and 2 territories have amended their laws to extend, eliminate, or revive civil statutes of limitations for child sexual abuse.

Congress must take note of the available research, data, and trends before us, making certain that federal law does not deny survivors the ability to have their day in court or force victims into court before they are psychologically ready to do so, causing further victimization and trauma.

Instead, we are duty bound to ensure survivors of child sexual abuse, exploitation, and trafficking can seek justice against their abusers regardless of the timing and, through successful litigation, have the means to access life-sustaining treatment and other services necessary to make them whole.

Justice should never be denied to any person in this country, especially victims who have been robbed of their innocence and childhoods.

S. 3103 is a commonsense, bipartisan bill that will provide a pathway to justice and healing for many victims and survivors while holding abusers accountable for the harms they cause. I encourage my colleagues on both sides of the aisle to support it.

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