More and more states across the country are updating their statutes of limitations on child sex abuse litigation. At the end of 2019, North Carolina passed some significant reforms to its sexual assault laws through Senate Bill 199, including increasing the North Carolina statute of limitations for a child sexual assault victim to sue.

The SB 199 legislative package—also known as the SAFE Child Act—had wide bipartisan support, and passed both chambers of the NC General Assembly unanimously. One of its significant goals was hammering out North Carolina’s official definition of rape, closing legal loopholes that had existed in the state for decades, such as old court precedent that had established that sex with someone who revokes consent or who is incapacitated by alcohol or drugs is not a crime. Those loopholes have now been closed.

The Senate passed the measures with a 49-0 vote, and the House with a 108-0 vote, unanimously introducing these reforms to North Carolina sexual assault laws. This comes after similar measures previously failing in committee.

These changes to consent laws “are both changes for the good,” said NC Attorney General Josh Stein after the bill passed. “Our criminal justice system has to do better for victims of sexual assault.”

On top of closing these loopholes, the legislation increases the North Carolina statute of limitations for a victim of child sexual assault to sue; expands the responsibility of adults to report knowledge of a sex crime against a child; requires school personnel training on issues of child sex abuse and sex trafficking; bans online conduct by high-risk sex offenders that endanger children, and prohibits attempts to drug someone’s food or drink.

After passing both state chambers, the bill had to be signed off by Governor Roy Cooper, who said he would study it carefully before making his decision. Gov. Cooper signed SB 199 on Nov. 7, 2019.

“For too long, North Carolina has not protected sexual abuse victims the same ways other states have, and this law closes that consent loophole,” said Gov. Cooper. “This bipartisan legislation goes a long way to protect all victims of sexual assault, especially children, and will help more people seek justice against abusers.”

What Was the Prior North Carolina Statute of Limitations for Sex Abuse?

Prior to the passing of the SAFE Child Act, the North Carolina statute of limitations for child sex abuse was far shorter. Victims of child sex abuse had only until three years after they turned 18 to pursue civil relief. There was an exception that allowed for this statute of limitations to be expanded to ten years if it could be proven that the crime had been concealed. However, when that exception could actually be applied was up for interpretation.

What Does the New Law Mean for the North Carolina Statute of Limitations?

Expanding statutes of limitations on child sex abuse has been an important step in reforming sexual abuse laws around the country, as it can take years for children who have been abused to understand what they went through, process their pain, and be ready to seek justice as adults.

The new law means that for misdemeanor crimes involving abuse against children, charges can be filed within 10 years of the crime. The civil statute of limitations for anyone abused under the age of 18 was also extended. Now, survivors have until the age of 28 to file a civil lawsuit. They also have two years to file a civil claim against their abuser after the abuser is convicted of a felony in the criminal justice system.

The bill also provides a two-year lookback window, in which anyone who was abused as a child who was previously barred from pursuing civil action because of the old statute of limitations can now pursue civil action up until the deadline of Dec. 31, 2021.

When Does the Law Go into Effect?

While SB 199 was signed on Nov. 7, 2019, it didn’t go into effect immediately. However, passage only took a few weeks—the bill became effective on Dec. 1, 2019.

Who Can File a Claim Under the New Law? Are There Any Limitations?

North Carolina’s SB 199 updates the state’s sexual assault law in a way that will help victims of all ages. The bill “brings North Carolina to the 21st century,” said Rep. Dennis Riddell. “If you were a victim of child abuse, this is for you. If you are an adult victim, this bill is for you.”

While the North Carolina statute of limitations for child sex abuse has been expanded substantially by this new legislation, some argue that it is not yet enough. AG Stein said that age 28 is “by no means adequate” as a statute of limitations for child sex abuse lawsuits, and intends to try and increase the civil statute of limitations to 40 years old during the next legislative session.

North Carolina Man Faces Prison for Child Pornography

The first person arrested in a child pornography mobile app ring is a North Carolina man who was sentenced to 65 months in prison, which will be followed by a decade of supervised release.

Lexington resident Dustin Davis Haynes, 34, pleaded guilty in March to one count of transportation of child pornography. Haynes was brought to the attention of the Boone Police Department after a detective broke into a mobile messenger app Haynes was using to sexually exploit children and traffic child pornography.

Court documents indicate the detective went undercover by posing as a 14-year-old girl who was allowed by the app’s administrator to join the private group messaging app. That door gave the detective access to other similar child trafficking private groups.

Just days later, the detective was joined by agents from the State Bureau of Investigation and Homeland Security Investigations as they went to Hayne’s house with a search warrant and arrested him.

Authorities say they’ve arrested 23 sex offenders and have rescued eight children who were victims of sexual abuse. One man who was arrested had allegedly been abusing his 14-year-old daughter for 10 years. She was one of the children who was rescued.

The arrests and rescues were made possible through Project Safe Childhood, a nationwide initiative to combat child sexual abuse and exploitation that the U.S. Department of Justice launched in May 2006. The U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section  joins forces with federal, state and local authorities to locate, capture and prosecute criminals who exploit children over the internet and works to identify and rescue victims.

How to File a Claim Under the Updated North Carolina Statute Child Sex Abuse Laws

A growing number of survivors all across the country are coming forward with their own stories of childhood sex abuse, filing lawsuits against their abusers and in many cases, the organizations that failed to prevent, allowed, or even actively concealed this abuse, such as sports teams, schools, the Boy Scouts, or the Catholic church and other religious organizations.

If you or someone you love has suffered from child sex abuse, even if that abuse took place years or even decades ago, you may be able to file a civil lawsuit and pursue compensation under the updated North Carolina statute of limitations. Filing a lawsuit cannot take away the pain and suffering caused by childhood sexual abuse, but it can at least provide some kind of compensation, as well as help those responsible be held accountable for their actions and inactions.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

This article is not legal advice. It is presented
for informational purposes only.