Getting survivors of child sexual abuse the justice they deserve 

As a former prosecutor and advocate for abused children, I can attest that our justice system does not work for all survivors of child sex crimes.

Over 80 percent of victims never go to the authorities, and the overwhelming majority of child sex abuse victims never have their day in court. That’s because the laws that determine the window of time a prosecutor has to charge an individual in a crime — the statute of limitations (SOLs) — are deeply out of step with reality and the needs of survivors. 

Too often, we see stories of survivors courageously coming forward to share their stories of abuse, only to find their path to justice blocked by arbitrary deadlines and outdated SOL laws. Even in the rare high-profile case of USA Gymnastics coach Larry Nassar, the Michigan state legislature had to pass a special 90-day window allowing victims of his systemic abuse to press charges.

This is a failure of justice for survivors and an issue of public safety that allows abusers to get away without consequences.  

According to the CDC, 1 in 4 girls and 1 in 13 boys experience sexual abuse at some point in their childhood — but only a third report their abuse when they are still children. Research shows that many survivors don’t come forward until they are over 50 years old, meaning that the statute of limitations prevents prosecutors from bringing charges in many cases. 

I’ve seen firsthand the scars and lasting pain that this kind of abuse has on survivors. The trauma these children face at such a young and formative age can affect how they think, act, and feel over their lifetime, and in many cases, results in long-term physical, mental, and behavioral consequences. 

So why do we have barriers like statutes of limitations laws in place that make it more difficult for survivors to seek justice? As Child Abuse Prevention Month comes to a close, I’ve introduced bipartisan legislation that would take long-overdue action to encourage the elimination of SOL laws for child sex abuse crimes so no arbitrary barrier stands in the way of justice. 

While it is often argued that eliminating statutes of limitations will trample on due process for defendants, citing the likeliness that evidence from the abuse would be destroyed and memories of relevant events would be less accurate, legal standards of proof for civil and criminal actions must still be met. 

Here in Virginia, we’ve made some progress in improving our SOL laws, including extending the ages for criminal misdemeanor and civil SOLs for the abuse of minors. During my time in the Virginia state Senate, I led legislation to require age-appropriate education on child sexual abuse, which is an important component of helping children recognize inappropriate behavior and reporting it at an early age. 

Forty-nine states and the District of Columbia have enacted some statute of limitations reforms in the past two decades. However, only a small handful of states have fully eliminated statutes of limitations for criminal and civil cases as well as allowed for the revival of previously time-barred claims for civil child sexual abuse, child exploitation, and child sex trafficking cases.

Unless and until all states have reformed their statutes of limitations for child sex crimes, the message sent to survivors of these crimes is that there is a time limit on justice. We must change this narrative and allow the facts and evidence of the case and the discretion of the prosecutor and survivor to determine whether or not a case is brought forward — not an arbitrary deadline.  

My bipartisan Statutes of Limitations for Child Sexual Abuse Reform Act would incentivize states to eliminate their statues of limitations laws for child sexual abuse crimes and allow for the revival of previously time-barred civil claims — empowering survivors to seek justice on their own time and holding dangerous criminals accountable. 

Justice delayed can’t mean justice denied. 

Jennifer Wexton represents the 10th District of Virginia.