No more statute of limitations for minor victims of sexual offenses
Last week President Biden signed the Eliminating Limits to Justice for Child Sex Abuse Victims Act into law. The act eliminates the statute of limitations for a minor victim of a human trafficking offense or federal sex offense to file a civil action to recover damages.
The text of the law can be seen here: https://www.congress.gov/bill/117th-congress/senate-bill/3103/text
The new law eliminates the statute of limitations—currently set at 10 years—for a minor victim to file a civil action to recover damages for several federal crimes against minors, including sexual abuse, trafficking, exploitation, and pornography. The act would apply prospectively and retroactively, allowing civil suits to be brought for actions committed more than 10 years ago.
The short title of this act could be the “Full Employment For Civil Lawyers Act.” I suspect that the worst among them are already scouring public records and recruiting clients. Anyone who has followed pornography prosecutions and restitution knows that a cottage industry already exists.
For years, it has been true that if a federal conviction is obtained for possession including certain photos, e.g. the “Viki series”, the court will receive a request for restitution to be applied at sentencing. All the lawyer needs to do is to change the date and the defendant’s name. I wouldn’t go so far as to insinuate that prosecutors notify the attorneys, but……
My understanding is that the prosecution does notify the parties. When images that are cataloged with the known victim are identified, then the victim is notified and then they have the opportunity to make a claim.
One of the victim impact statements I read, the now adult, married person said she had to tell her husband and mother to stop telling her when the checks came as it would set her back. It was causing continual harm to her.
You are probably right. The prosecutors would want to get a victim impact statement to support harsher punishment.
Ah, so it’s okay for the government to spread grief and dredge up old memories but both the victim and accuser (or often times, an unwitting horn dog when it comes to CP) can’t find peace?
We are in a class of people where it’s an easy “win for bipartisanship” to treat us like s**t.
https://www.flsenate.gov/Committees/billsummaries/2020/html/2190
It appears Florida’s 2020 version is not retroactive.
This federal law is fully retroactive and applies to federal crimes.
For a administration that has billed itself as “following the science” they certainly don’t seem to follow even their own DoJ stats with regard to registrants and sex crimes. Who’s advising and sponsoring all this stuff like the IML and the latest wastes of time and lives for registrants (and victims).?
They bankrupt us, make us homeless and unemployable. So all I have to say is, “good luck collecting because you can’t get blood from a rock.”
@ FAC: FYI, you are missing a word: SIGNED. 1st sentence:
“Last week President Biden SIGNED the Eliminating Limits to Justice for Child Sex Abuse Victims Act into law.”
I am beyond sick of this S***
Let’s not forget Biden boasted of playing a key role on getting the public registry passed, so I’m not a fan of him.
But also keep in mind that the registry laws are a bipartisan effort. Every President in the past quarter century has at some point passed laws that cause harm to us.
So if I interpret this correctly, even though the verdict has been given, and the case is closed, and we have served our time, a victim can come back years later at any time and take us to civil court and sue us for damages.
In essence, now we can be taken back to a civil court for the same crime.