Statute of Limitation Revival Laws

Nov 27, 2024 | Sexual Abuse

Statute Of Limitations Laws: Look-Back Windows

Statutes of Limitation Revival Laws create what are referred to as “look-back windows”. These allow those whose statute of limitations for civil claims have expired to file suit with the help of a Kansas City sexual abuse lawyer against their perpetrator and/or the organization that allowed the abuse to happen.

But why are civil claims for sexual abuse not filed within the original time limit?

Missouri Statute Of Limitation Laws

Most criminal statutes of limitation for sex crimes in Missouri and Kansas have been eliminated. The criminal court system typically results in jail time for the perpetrator. This can give victims a sense of safety and justice, but little is done to compensate for the mental, emotional, and psychological injuries sustained. Civil courts offer recovery for victims and survivors whose lives have been devastated by abuse.

In Missouri, a childhood victim has 10 years after their 21st birthday to file a lawsuit against an individual perpetrator. To sue a company that was negligent surrounding the sexual abuse, such as a daycare, school, religious organization, or healthcare provider who negligently hired or retained the perpetrator despite known “red flags” in their employment history, a minor has 5 years after their 21stbirthday to file a lawsuit. While there is more time to bring a lawsuit against an individual (i.e., age 31), the prospect of securing monetary justice is much more challenging.

Time Limits To File A Child Sexual Abuse Claim

Ryan Frazier, our attorney and shareholder, takes the time to explain how long a victim of childhood sexual abuse has to file a claim in Missouri and Kansas.

An Unrealistic Window Of Time

At first glance, 5 to 10 years may seem like enough time to bring a civil claim, but real-life data indicates otherwise. It can take much longer for a victim of child sexual abuse to come forward. They have to first understand what happened to them, then have the courage to open up about the abuse, and finally to take legal action against their abuser. This can take many years, if they ever disclose the abuse at all. Darkness to Light reports:

“Researchers estimate that 38% of child victims disclose the fact that they have been sexually abused. Of these, 40% tell a close friend, rather than an adult or authority. These “friend-to-friend” disclosures do not always result in reports. This means that the vast majority of child sexual abuse incidents are never reported to authorities, though research suggests that disclosure rates to authorities may be increasing.”

A majority of survivors who report their abuse do not disclose until age 50 or older. By then, a victim’s statutes of limitation in Missouri will have been expired for 21 years.  By the time they move forward with legal action, there is often nothing that can be done civilly. Victims often find themselves unable to pursue compensation due to an unrealistic window of time to file civil claims.

Reasons Sexual Abuse Is Not Reported

Confusion

Sometimes people may not immediately recognize that what happened to them was abuse. Perpetrators take advantage of a child’s limited perception and general trust in adults. Many times, it is not until they get older, and have had a meaningful opportunity to seek (and afford) treatment, that they realize that what happened was inappropriate.

Denial

It can be easier to pretend the abuse never happened, rather than face the pain, fear, and shame that comes with admitting abuse. Especially if the perpetrator was someone the child trusted.  Three out of four adolescents who have been sexually assaulted were victimized by someone they knew well.

Fear

Often times, perpetrators will threaten the victim that they will harm them or their family if they disclose what happened. That fear can last well into adulthood. There is also the fear they will not be believed if they do open up. Some even fear the consequences that will follow. They may fear that they, or even a trusted abuser, will be in trouble. This is often true for victims who have been groomed by their perpetrator.

Shame

Victims do not want anyone to know what happened due to feeling embarrassed and disgusted. Perpetrators will feed into the idea that the victim somehow “caused” the abuse to happen.

Repressed Memories

The memories of the traumatic event can be repressed altogether. Later in life there may be a triggering event that will recall the events. While extremely difficult to successfully navigate, “repressed memory” exceptions are recognized by courts, including Missouri and Kansas, as a way to extend the statute, but are very much a grey area within the law.

Statute Of Limitations Revival Laws

Child USA states the goal of these revival laws are to:

  1. Identify hidden child predators
  2. Shift the cost of abuse from victims and the public to the ones who caused it
  3. Educate the public and prevent future abuse.

The hope is to give victims the opportunity to receive compensation for a lifetime of pain and suffering, and to motivate organizations to improve their policies and screening processes for new employees.

In the past few years alone, many statutes of limitation revival laws have been enacted into law across the United States. Each have different guidelines and restrictions on who can bring a claim, and who can be sued.

 

Statute Of Limitation Laws: What Can We Do?

Once these look-back windows close, what happens? By discussing the issue of sexual abuse, and why these laws are needed, it allows opportunities for people to learn more about the legal issues surrounding sexual abuse.

  • We can educate ourselves, friends, and families about warning signs of sexual abuse in children. By being able to identify these warning signs, we can stop the abuse and help the child more quickly.
  • We can continue to promote education to the public of the civil rights that victims of sexual abuse have. The more that information becomes common knowledge, the easier and faster it will be for victims and their families to seek legal help. Our attorneys have created a booklet just for that purpose.
  • We can fight for longer, or the elimination of, civil statutes of limitation for childhood sexual abuse. Currently in Missouri the statutes of limitation law for filing a lawsuit against a negligent company is 5 years. But, aims to shorten the statute to 2 years. Simply, this bill hurts those who are already suffering, and keeps corporations from being held accountable.

With more and more states adopting look-back windows and revival laws, we look forward to joining the fight in Missouri and Kansas as we work to see similar change adopted in our home states.

David Mayer

David Mayer

Position: Managing Shareholder

Office: Kansas City

David M. Mayer is the managing shareholder of Monsees & Mayer, P.C., in Kansas City, Missouri, where he focuses on advocating for victims of sexual abuse, motor vehicle accidents, and premises liability. A Kansas City native, David is dedicated to seeking justice for his clients, particularly children and the elderly harmed by the negligence of others. Notable cases include a $5 million verdict for a swimming pool negligence incident, $24 million dollar sexual abuse verdict and numerous multi-mllion dollar confidential settlements in sexual abuse cases. His work has helped clients secure compensation for injuries from dangerous conditions in stores, car accidents, and other harm caused by negligence.

*This blog post is provided for informational purposes only and does not constitute legal advice or create an attorney–client relationship. While Monsees & Mayer strives to ensure the accuracy of the information presented, laws and legal interpretations are subject to change. Content on this site may not always reflect the most current legal developments. For advice regarding your specific situation, please contact Monsees & Mayer directly.

Our Proven Results

Witness Statements As Critical Evidence

Witness statements provide crucial evidence to support claims of sexual abuse. They help establish a timeline of events, reveal details about the abuse, and identify potential suspects. However, witness testimony must be carefully evaluated for accuracy and reliability.

Interviewing witnesses promptly after the alleged abuse is reported maximizes the chance of obtaining an accurate statement. As time passes, memories can fade or become distorted. Witnesses should be interviewed separately to avoid influencing each other’s recollections.

Look for witnesses who were present around the time of the alleged abuse and may have observed interactions between the victim and suspect or noticed signs of distress. Teachers, caregivers, family members or neighbors are examples. Their statements can corroborate the victim’s account and provide additional details.

Evaluate witness credibility by considering factors like:
  • Their relationship to the victim and suspect. Unbiased third parties may provide more objective testimony.
  • Consistency of statements over time. Contradictions may indicate unreliability.
  • Vested interests that could motivate false testimony. Look for witnesses with no obvious agenda.
  • Their opportunity to observe relevant events. Statements from those frequently with the victim and suspect are more credible.
  • Age, mental state, sobriety and other factors that could impact perception or memory.

Compare witness statements to look for both consistencies and inconsistencies in the details. Consistencies increase reliability while inconsistencies should be explored further. Witness testimony, combined with other evidence like medical reports, can provide persuasive support for claims of abuse. However, no single piece of evidence should be viewed as definitive proof. A preponderance of consistent and collaborative evidence is needed to substantiate such serious allegations.

How Cell Phone Data Can Provide Crucial Proof

Digital evidence from cell phones should be interpreted carefully, as there are limitations. Data can be imprecise or misleading, and records may be unavailable or incomplete. However, when used properly, cell phone data provides an objective, factual record that supports or refutes claims made by involved parties. In sexual abuse claims where evidence is often scarce, cell phone data can make a critical difference. By triangulating data from multiple sources, investigators can build a compelling timeline of events to support charges and secure a conviction.

Call Detail Records

Call detail records (CDRs) provide the date, time and duration of calls and messages. CDRs are useful for establishing communication patterns between individuals, especially around the time of the alleged offense. An abrupt change in calling behavior could indicate a significant event occurred. CDRs may also reveal the locations of the cell towers accessed during a call, providing further location details.

Cell Towers

Cell phones constantly transmit data to cell towers, which creates digital records that provide location information. This data, obtained through a search warrant, can reveal where individuals were during key points in time.

Cell Site Location Information

Cell site location information (CSLI) pinpoints which cell tower was accessed by a phone at a given date and time. Although not precise, CSLI can narrow down someone’s location to a few city blocks. By analyzing records over time, investigators can track the general path a person traveled. CSLI is often used to corroborate or challenge statements made by victims, witnesses or suspects regarding their whereabouts.

Precision Location Information

More advanced technologies like precision location information (PLI) rely on GPS and Wi-Fi to identify a phone’s location within a few meters. PLI produces a nearly minute-by-minute account of where a phone has been, providing critical evidence for timelines of events. However, legal access to PLI typically requires a search warrant due to privacy concerns.

Sexual
Abuse
Booklet

Download our free educational booklet to better understand how sexual abuse claims move through the civil court system.

Download

Other Sexual Abuse posts you may be interested in.

Troubled Teen Industry

by |

The “Troubled Teen Industry” is an industry made up of facilities designed to reform young people’s behavior into something more desirable. They include behavior modification facilities, wilderness therapy, boot camps, “tough-love” facilities, and more. Offending...

read more

Difference Between a Civil and Criminal Sexual Abuse Case

There is a difference between a criminal and civil liability case within the justice system. Criminal liability is brought against an individual(s) by the state or federal government in order to protect society, while civil liability is all about the survivor. The attorneys at Monsees & Mayer, P.C. advocate exclusively for survivors.

Criminal Courts

The criminal courts are entirely about the criminal; in this case, the sexual abuser. Cases are handled by a prosecuting attorney, and the purpose of the proceedings is to impose fines or prison sentences upon the abuser.

While some restitution or financial compensation may be awarded to the survivor, the criminal courts are a poor avenue through which to pursue it. This is because the purpose of criminal courts is to protect society as a whole, rather than advocate for individuals’ rights.

The criminal system’s standard of proof is “beyond a reasonable doubt”; in other words, an individual can only be convicted of a crime if the jury is certain the abuser is guilty. Because of this, there are many morally culpable people who escape criminal liability because of this doubt in proof.

Civil Courts

The civil justice system is all about helping sexual assault survivors. Cases are handled by civil attorneys, and the purpose is to obtain compensation for the survivors of sexual abuse. The survivor can seek compensation for the damages they incurred as a result of the sexual abuse: depression, loss of self-esteem or relationships, post-traumatic stress disorder (PTSD), lost income and earnings capacity, medical expenses, and frequently, a lifetime of emotional distress.

The civil system’s standard of proof is relaxed compared to that of the criminal side. The survivor must prove their case by a “preponderance of the evidence.”  In simpler terms, the jury must “believe” the survivor’s case is more likely true than not; the scales must be tipped slightly in their favor. Therefore, even if an abuser escapes punishment in the criminal courts, they can still be punished within the civil court system.

Read More