Child sexual abuse survivors push Connecticut for more time to sue abusers
The Time's Up Act, passed during the "Me Too" movement, allows victims to file civil lawsuits until their 51st birthday – but that only applies to abuse that occurred after Oct. 1, 2019.
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Sexual abuse survivors shared heart-wrenching stories at the state Capitol on Tuesday.
Victims are pushing for more time to sue their abusers, but the effort faces an uphill battle.
STORIES OF ABUSE
As a child, Janet Orsatti-Duffany suffered years of sexual abuse. As an adult, it took her decades to report it.
“I didn’t know what he was doing to me was wrong,” she said. “It wasn’t until I was 43 that these memories came crashing through.”
Orsatti-Duffany and other survivors want Connecticut to eliminate the statute of limitations for filing civil lawsuits. They also want a three-year “lookback” window for cases that have already expired.
“I had a repressed memory, and I didn’t remember until I was age 35,” said Carmelita Rifkin, a victim from Prospect. “And at that time, I had a daughter who was 3, the same age I was when I was abused.”
CHANGES IN THE LAW
Connecticut did make it easier to sue several years ago.
The Time's Up Act, passed during the "Me Too" movement, allows victims to file civil lawsuits until their 51st birthday – but that only applies to abuse that occurred after Oct. 1, 2019.
Cases before then must be filed by the time a victim turns 48.
Advocates said that’s a problem because some studies show the average victim does not come forward until they are 52 years old.
“And far too often, they are denied justice,” said state Rep. M.J. Shannon (D-Milford). “Not because their claims aren’t real, but because the law says it’s too late to act.”
The Time's Up Act also extended the definition of child sex abuse to include 18, 19 and 20-year-olds – and greatly expanded when criminal charges can be filed.
If an abuser is convicted of felony sexual assault, there is no statute of limitations for civil lawsuits in Connecticut.
UPHILL BATTLE
Lawmakers have tried to eliminate the civil statute of limitations several times over the last two decades, but the effort faced resistance from defense attorneys, insurance carriers and the Catholic church.
“This bill could divert resources currently used by various organizations connected with the Catholic Church in Connecticut to further their mission on behalf of all residents of Connecticut,” Monsignor John McCarthy, of the Hartford Diocese, told lawmakers in 2010. “The costs those organizations would incur in connection with litigation arising from any new claims this bill would make possible would necessarily diminish their capacity to provide the services they deliver so effectively.”
Others raised concerns about due process.
“Defendants and the courts must be protected from having to deal with cases in which the search for the truth may be seriously impaired by the loss of evidence, witnesses and fading of memories,” wrote Cary Silverman with the American Tort Reform Association.
But advocates insist that’s no longer an issue.
“Time does not erase evidence,” said Beth Hamilton, executive director of the Connecticut Alliance to End Sexual Violence. “Advances in DNA technology and investigative practices mean that cases can be built and proven years later, but only if we allow them to be.”
More than a dozen states have already eliminated the statute of limitations, including New York and New Jersey. But in Connecticut, no legislation was proposed this year.
“Time matters,” said Leah Juliett, a victim from Wolcott. “Trauma does not operate on a legal deadline. Healing takes time.”
In Juliett's case, a fellow high school student allegedly spread nude photos of her online. She is pressing lawmakers to add Artificial Intelligence-generated images to Connecticut's sexual abuse laws.
IF YOU NEED HELP
Contact the Connecticut Alliance to End Sexual Violence at 888-999-5545 (888-568-8332 in Spanish) or the Survivors Network of those Abused by Priests (SNAP) at 202-802-8611.
