Lawmakers Handle Sensitive Child Sexual Abuse Bill Responsibly

Omaha World-Herald
April 7, 2017

http://www.omaha.com/opinion/editorial-senators-handle-sensitive-child-sex-abuse-bill-carefully-responsibly/article_48f23e28-2897-51d5-b718-ae557b8c5c99.html

Nebraska lawmakers approached a difficult issue the right way this week. They had to think through how to provide justice in child sexual abuse cases while not running afoul of the Constitution’s protections for those accused.

Sen. Bob Krist of Omaha sponsored Legislative Bill 300, which would remove the statute of limitations on the ability to file civil lawsuits against individuals involving alleged sexual assault of a child. Eight states so far have taken that action.

Nebraska has no statute of limitations for filing criminal charges against someone accused of sexual assault of a child.

“I brought this bill on behalf of people who were damaged as children at the hands of an adult,” Krist told his colleagues during floor debate Wednesday. Krist said he drew up the legislation “so that those people who suffered from those injuries could find their own peace in their life.”

Lawmakers underscored the heinousness of such abuse and how in many cases it can take decades before child victims are able to confront their abusers. Current Nebraska law allows victims to file civil lawsuits until they turn 33.

Under LB 300, there would be a three-year window from the passage of the bill for anyone to bring a claim based on a prior assault. Otherwise, victims making claims on offenses that occurred before enactment of the law would have to file lawsuits by the time they turn 53.

Sens. Mike Hilgers of Lincoln and Ernie Chambers of Omaha helped the legislative process by pointing out a legal complication from the “retroactive” portion of Krist’s proposal. Hilgers and Chambers explained that LB 300’s provision applying the law to past incidents of sexual assault might be unconstitutional, given court precedents.

The discussion on this point was productive and illustrated an important obligation for lawmakers: Even when addressing allegations of appalling crimes, they must be mindful not to disregard constitutional requirements for defendants’ rights.

The Legislature approved the bill on first round after adopting a Krist amendment to allow the retroactive provision to be removed if a future court rules that it violates the Constitution.

Krist is going to work with fellow lawmakers and legal staff on a possible amendment to remove the retroactive component altogether when LB 300 comes up for a second reading. The retroactive aspect is part of a current case before the Nebraska Supreme Court, and a ruling later this year by the court could provide clarity.

Lawmakers are handling this issue in a careful, responsible manner. The process should allow LB 300 to reach a final form that deserves passage into law.