An Act To Amend Title 10 Of The Delaware Code Relating To The Statute Of Limitations For Civil Claims Based On Sexual Abuse Of A Minor.
Summary
HB75 amends Delaware’s civil statute of limitations for claims based on the sexual abuse of a minor. The bill provides that a civil cause of action for sexual abuse of a minor by an adult may be filed at any time after the abuse occurred, and it expressly bars dismissal of such actions on statute-of-limitations grounds if they are filed or pending after the bill’s effective date. It also states that the change is intended to apply retroactively, allowing survivors whose claims were previously time-barred to bring suit in Superior Court.
The bill further extends its reach to claims against a broad range of defendants, including individuals, institutions, public and private entities, charitable organizations, educational institutions, hospitals, and the government. It waives sovereign immunity for these claims and preserves a limited protection for entities tied to an abuser’s employment or supervision by requiring a finding of gross negligence before damages may be awarded against them in certain circumstances. The bill also allows a defendant to seek attorneys’ fees if the court independently finds that a false accusation was made maliciously and without factual basis.
Impact
HB75 would substantially expand civil remedies for survivors of childhood sexual abuse by eliminating the time bar for these claims in Delaware and reviving claims previously dismissed or barred by limitations, notice, or other procedural deadlines. It would amend Title 10, Section 8145 of the Delaware Code, affecting the rules governing civil suits for damages based on sexual abuse of a minor and overriding prior limitations defenses for covered claims. The bill also affects state and local public entities by waiving sovereign immunity for these actions and could expose institutions and government bodies to renewed litigation.
Sentiment
The overall sentiment reflected in the bill text and voting history is strongly supportive of survivor access to the courts. The bill’s findings emphasize bipartisan support for the earlier Child Victims Act, the Delaware Supreme Court’s prior approval of retroactive relief, and the belief that many survivors do not disclose abuse until long after limitations periods expire. The recorded House Third Reading vote was unanimous, 40-0, indicating broad legislative agreement.
Contention
The main point of contention embedded in the bill is the retroactive reopening of previously time-barred claims, including claims that were already subject to final judgments based on limitations defenses. That approach can raise fairness and due-process concerns for defendants, institutions, and public entities that believed liability had ended. The bill addresses some of those concerns by allowing attorneys’ fees only when a court independently finds a malicious, baseless false accusation, and by requiring gross negligence before damages may be awarded against certain affiliated entities in specified circumstances.
An Act To Amend Title 26 Of The Delaware Code Relating To Telecommunications Service And Devices For Persons Who Have Deafness, Hearing Loss, Or Speech Disabilities.