COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS SENATE
STATE HOUSE, BOSTON 02133
Senator Joan B. Lovely
State Senator
2nd Essex District
FOR IMMEDIATE RELEASE:
January 22, 2024
Senator Lovely files bills aimed at seeking justice for victims of child sexual abuse
Bills would eliminate statute of limitations on prosecution of abusers
BOSTON—(1/22/2024) Senate Assistant Majority Leader Joan B. Lovely (D–Salem) Senate Assistant Majority Leader Joan B. Lovely (D-Salem) announces the filing of two bills she is sponsoring aimed at eliminating the statute of limitations for civil and criminal child sexual abuse cases.
An Act enhancing remedies for survivors of childhood sexual abuse would eliminate the statute of limitations to allow survivors to seek civil damages at any time, regardless of when the abuse happened. Currently, Massachusetts statute of limitations for survivors to seek civil damages for child sexual abuse is 35 years after a survivor turns 18, capping the age survivors can seek civil justice at age 53.
“The trauma and pain stemming from the sexual abuse as a child is something that follows a person well into adulthood, leading survivors to experience mental health issues like Post Traumatic Stress Disorder, substance abuse, and even suicide as a result of these long-lasting injuries,” said Senator Lovely. “The decision to come forward and seek justice in our courts is a deeply personal decision and one that should be decided by the survivor and the survivor alone. This legislation would put us in line with 19 states that have already recognized the need for survivors to seek justice on their terms by eliminating the statute of limitations.”
The bill also lifts the $100,000 limitation on damages in cases of child sexual abuse.
Senator Lovely has also filed An Act amending the statute of limitations regarding criminal prosecutions for the crimes of sexual assault and rape of a child, which eliminates the statute of limitations on indictments or complaints alleging an offense of indecent assault and battery or an offense of rape, may be found and filed at any time after the commission of such offense, provided that the survivor was under the age of 18 when the offense was committed.
The current statute of limitations for survivors to seek criminal prosecution against abusers is 27 years from the survivor turning 16.
According to the Centers for Disease Control, at least one in four girls and one in 20 boys in the United States experience child sexual abuse. About 90% of child sexual abuse is perpetrated by someone known and trusted by the child or child’s family members.
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