The Vermont statute of limitations has been eliminated for claims of child sex abuse, opening opportunities for victims to bring civil suits.

Vermont Statute of Limitations Overview

Recently, Vermont changed its laws around how long a victim of childhood sexual abuse has to file a claim against their abusers. Advocates for victims explain that, in many cases, it can take victims years to realize that they were abused, come to terms with the effects of the abuse, or decide if they want to take action.

In 2019, Vermont’s Governor Phil Scot signed a new law that eliminates the statute of limitations for civil claims of childhood sexual abuse. Now, victims of childhood sexual abuse will not have a time limit on when they can pursue justice in Vermont.

This law ending the Vermont statute of limitations on childhood sex abuse cases not only allows victims to file lawsuits against their abusers, but against organizations that they assert either enabled the abuse, failed to handle it appropriately, or perpetuated it in some way.

Vermont is just one state in the United States that is reconsidering its laws concerning childhood sexual abuse. These legal changes have come after numerous victims have come forward alleging abuse in powerful organizations like the Catholic Church, the Boy Scouts of America, and others.

Many states have taken steps to raise the statute of limitations. Where Vermont has chosen to eliminate the statute of limitations for many child sex abuse crimes entirely, other states who have just raised the statute of limitations have chosen to implement a “look back” window that lifts the statute of limitations on such claims for a specified time period.

The Vermont statute of limitations elimination is distinctive among these legal moves around the country — VT Digger noted that The Survivorship Network of those Abused by Priests called Vermont’s law change one of the strongest child abuse claim reforms in the country. The organization expressed that they hope that Vermont can lead by example and that similar change in other parts of the country will follow.

Other legal changes have been made to the statutes of limitations in Vermont. Now, victims of some criminal offenses like sexual exploitation of a vulnerable adult and of manslaughter will have more time to file lawsuits — the statute of limitations for these claims has been extended.

What Was the Vermont Statute of Limitations for Child Sex Abuse?

Previously, victims only had six years after the abuse occurred to file a civil lawsuit against their abusers. Critics asserted that this was far from enough time.

VT Digger explains that the six-year window for victims to file lawsuits over childhood sexual abuse is a marked contrast to how criminal charges over sexual abuse are filed. For example, most criminal charges around sexual abuse of a child either do not have statutes of limitations or have 40 year statutes of limitations.

When Did the New Law Go Into Effect?

The new law ending the Vermont statute of limitations went into effect in 2019.

Who Can Make a Claim Under the New Law?

In Vermont, a person of any age who claims that they suffered childhood sexual abuse can file a civil lawsuit against their abuser and an allegedly culpable organization. Even if the abuse occurred many years ago, a victim can still file a claim.

Some other claims related to child sexual abuse and misconduct do have time limits. For example, a claim over lewd and lascivious conduct committed against a minor must be filed within 40 years after the offense was allegedly committed, explains The Rape Abuse and Incest National Network (RAINN).

When Was the Vermont Priest Abuse List Released?

The Burlington Free Press explains that in August 2019, the Roman Catholic Diocese of Burlington released a list of 40 priests who had faced what were deemed to be credible accusations of child sex abuse. Over 50 priests had been accused of such conduct, and the Diocese of Burlington had reportedly determined that over ten claims were not credible, based on the standards set forth by the diocese.

The Diocese of Burlington is Vermont’s only diocese. The diocese reviewed complaints that had been made between 1950 and the present. For context, the Burlington Free Press notes that 419 priests total had been working in the Diocese of Burlington.

The diocese used several criteria to determine if a claim was credible, including if a claim was “natural, plausible, and probable,” “corroborated with other evidence or another source,” or “acknowledged/admitted by the accused,” summarizes the Burlington Free Press.

The Burlington Free Press goes on to say that the diocesan report states that “We determined there must be at least — a “fair probability” — based on the information we were given access to, that a particular priest had either sexually abused a child under the age of 18 or created a ‘substantial risk’ that the child would be sexually abused.”

Critics accused the diocese of “dragging its feet” in releasing the report, and assert that the report is not enough, and more effort is needed to protect children.

Who Is on the Vermont Priest Abuse List?

Happily, no priests who are listed in the diocese’s report are still serving, says the diocese. Most of the Vermont priests accused of abuse are already deceased.

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