HB 3582
Modifies the qualifications for certain statutes of limitations for civil actions based on allowing, permitting or encouraging child abuse and sexual assault.
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take actionPublic sentiment
Support
98%
Oppose
2%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill removes time limits for filing civil lawsuits related to child abuse and sexual assault. Specifically, it eliminates the statute of limitations for claims involving child sexual abuse or sexual assault, regardless of the victim’s age. The bill also clarifies the definition of ‘child abuse’ and ‘child sexual abuse’ to include various forms of exploitation and encouragement of such acts.
Key provisions
- Eliminates the statute of limitations for civil actions based on child sexual abuse or sexual assault.
- Establishes a timeframe of five years from discovery (or reasonable discovery) for claims involving child abuse occurring while the victim is under 18.
- Defines ‘child abuse’ to include physical and mental injuries resulting from cruelty.
- Defines ‘child sexual abuse’ to encompass rape, sexual abuse, and sexual exploitation.
- Clarifies that the bill does not create new causes of action.
Who is affected
- Victims of child abuse and sexual assault
- Families of victims of child abuse and sexual assault
- Legal professionals
- Potential defendants in civil lawsuits
Notable changes
- Previously, there were time limits for filing lawsuits related to child abuse and sexual assault.
- This bill removes those time limits entirely.
- The definition of ‘child abuse’ and ‘child sexual abuse’ has been expanded.
Sponsors
Official sponsors from legislative records.
Primary sponsors
Hoa Nguyen
James Manning Jr.
Arguments in favor
Reasons to support this legislation.
Supporters of HB 3582 argue that eliminating the statute of limitations for civil actions based on sexual assault or child sexual abuse would allow survivors to seek justice on their own terms, promoting a society that values justice and equity. They emphasize that current deadlines fail to reflect the lived experiences of survivors, who may take years to disclose their trauma. Advocates highlight the need for accountability and support for survivors, acknowledging the complexities of trauma and delayed disclosure. By eliminating time limits, proponents aim to facilitate a more victim-centered reporting process, empower survivors, increase accountability for predators and entities that harbor them, and increase the safety of children in Oregon.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
Opponents of the proposed legislation argue that expanding the statute of limitations would create an environment conducive to frivolous lawsuits, allowing individuals with questionable claims to file lawsuits and potentially reap financial rewards. They contend that this shift would undermine the integrity of the legal system, leading to increased costs for taxpayers and decreased incentives for genuine victims to come forward. By relaxing the time constraints for filing lawsuits, opponents fear that the system's focus on fairness and justice would be compromised, ultimately benefiting those who exploit the process rather than genuine claimants.