Child sex abuse, statute of limitations
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
This bill amends South Carolina law regarding the statute of limitations for claims related to childhood sexual abuse and incest. Specifically, it allows victims to file lawsuits against a bankruptcy estate at any time after the cause of action accrues, regardless of the typical six-year or three-year limitations. The bill also clarifies that ‘childhood sexual abuse’ includes violations of specific offenses outlined in the state’s criminal code, even without a criminal conviction.
Key provisions
- Allows victims of childhood sexual abuse to file lawsuits against bankruptcy estates at any time after the cause of action accrues.
- Defines ‘childhood sexual abuse’ as violations of specific criminal offenses involving a minor under 21 or a person with a developmental disability or physical impairment under 21.
- Clarifies that a criminal conviction is not required to establish ‘childhood sexual abuse’ for the purposes of this law.
- Maintains parental immunity as not being a defense against claims of sexual abuse or incest.
- Addresses the statute of limitations for actions based on sexual abuse or incest.
Who is affected
- Victims of childhood sexual abuse
- Bankruptcy estates
- Legal professionals
- Families of victims
- The judicial system
Notable changes
Bill text
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Sponsors
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1 on record
Primary sponsor
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