Statement from Gov. Edmund G. Brown on Sb 131

The Office of the Governor
October 12, 2013

http://gov.ca.gov/docs/SB_131_2013_Veto_Message.pdf



To the Members of the California State Senate:

I am returning Senate Bill 131 without my signature.

This bill makes amendments to the statute of limitations relating to claims of childhood sexual abuse. Specifically, it amends and significantly expands a 2002 law to "revive" certain claims that previously had been time barred.

Statutes of limitations reach back to Roman law and were specifically enshrined in the English common law by the Limitations Act of 1623. Ever since, and in every state, including California, various limits have been imposed on the time when lawsuits may still be initiated. Even though valid and profoundly important claims are at stake, all jurisdictions have seen fit to bar actions after a lapse of years.

The reason for such a universal practice is one of fairness. There comes a time when an individual or organization should be secure in the reasonable expectation that past acts are indeed in the past and no subject to further lawsuits. With the passage of time, evidence may be lot or disposed of, memories fade and the witnesses move away.

Over the years. California's laws regarding time limits for childhood sexual abuse cases have been amended many times. The changes have affected not only how long a person has to make a claim, but also who may be sued for the sexual abuse. The issue of who is subject to liability is an important distinction as the law in this area has always and rightfully imposed longer periods of liability for an actual perpetrator of sexual abuse than for an organization that employed that perpetrator. This makes sense as third parties are in a very different position than perpetrators with respect to both evidence and memories.

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