By Zach Gorchow and Nick Smith
Gongwer News Service
Sexual assault survivors, long limited from suing their attackers or institutions where those attackers worked by statutes of limitations, would have much more time to file litigation under legislation passed early Friday morning in the Senate.
Employers from large organizations, everything from governments, to universities, to school districts to religious organizations, have fiercely opposed relaxing statutes of limitations, warning it would open them up to financially ruinous litigation.
Just before midnight Thursday, the Senate discharged SB 1187 and SB 1188 from the Senate Civil Rights, Judiciary and Public Safety Committee and then when it reconvened at 12:15 a.m. Friday it also discharged SB 1189 , SB 1190 , SB 1191 and SB 1192 . A couple hours later, it passed SB 1187 24-8 and the other bills on 24-9 votes.
An S-4 substitute for SB 1187 would extend the statute of limitations to 10 years after the survivor is attacked, before the person turns 42 years old or seven years after the date which the individual discovers they were assaulted or should have reasonably known they had been assaulted, whichever is later.
This would be a significant shift from current law which is either before the survivor turns 28 years old or three years after they have discovered they were assaulted, whichever is later.
Another provision would allow a survivor from an alleged incident of criminal sexual conduct that occurred at any time without statute of limitations before to bring a lawsuit within one year of the effective date of the bill if passed into law.
Language was also added that would remove the statute of limitations on civil suits if criminal charges are brought for sexual assault.
Damages would be capped at $1.5 million per incident or occurrence under the bill.
Parker Stinar, attorney and advocate of the survivors of the Larry Nassar and Robert Anderson sexual abuse scandals, praised the Senate for acting and reaching a compromise. Survivors wanted a two-year window for all claims to be pursued regardless of how long ago the abuse occurred, and the $1.5 million cap should ease concerns about the financial ramifications to organizations.
“For years, with our legislators, survivors of sex abuse have been silenced,” he said. “Finally, the Michigan Senate – through compromises – has done something right for these survivors, allowing them through healing to find justice.”
The bills now go to the House. Stinar said he hopes the House appreciates the compromise in the bills and passes them.
“This is something that’s been sadly a very important issue in Michigan. The state of Michigan has had arguably the two largest institutional sex abuse cases in the history of the United States with Michigan State’s Larry Nassar and the University of Michigan’s Robert Anderson,” he said. “This issue is not going away in the state of Michigan, and now the House with these very reasonable compromises has the ability to provide survivors with access to justice and also these defendants or defendant institutions closure, or finality.”
An S-1 substitute for SB 1191 would remove governmental immunity for public universities, community colleges and school districts for tort liability arising from criminal sexual conduct committed by an employee or agent if they were negligent in hiring, supervising or training the person or had “actual or constructive knowledge” of the sexual assault and failed to report it to law enforcement.
An S-1 substitute for SB 1189 and an S-1 substitute for SB 1192 make clear a lawsuit can be brought against the state of Michigan under the new three-pronged statute of limitations.
Four Republicans sided with the Democrats in support of each bill: Sen. Mark Huizenga of Walker, Sen. Ruth Johnson of Groveland Township, Sen. Jim Runestad of White Lake and Sen. Michael Webber of Rochester Hills.
Gongwer News Service
Sexual assault survivors, long limited from suing their attackers or institutions where those attackers worked by statutes of limitations, would have much more time to file litigation under legislation passed early Friday morning in the Senate.
Employers from large organizations, everything from governments, to universities, to school districts to religious organizations, have fiercely opposed relaxing statutes of limitations, warning it would open them up to financially ruinous litigation.
Just before midnight Thursday, the Senate discharged SB 1187 and SB 1188 from the Senate Civil Rights, Judiciary and Public Safety Committee and then when it reconvened at 12:15 a.m. Friday it also discharged SB 1189 , SB 1190 , SB 1191 and SB 1192 . A couple hours later, it passed SB 1187 24-8 and the other bills on 24-9 votes.
An S-4 substitute for SB 1187 would extend the statute of limitations to 10 years after the survivor is attacked, before the person turns 42 years old or seven years after the date which the individual discovers they were assaulted or should have reasonably known they had been assaulted, whichever is later.
This would be a significant shift from current law which is either before the survivor turns 28 years old or three years after they have discovered they were assaulted, whichever is later.
Another provision would allow a survivor from an alleged incident of criminal sexual conduct that occurred at any time without statute of limitations before to bring a lawsuit within one year of the effective date of the bill if passed into law.
Language was also added that would remove the statute of limitations on civil suits if criminal charges are brought for sexual assault.
Damages would be capped at $1.5 million per incident or occurrence under the bill.
Parker Stinar, attorney and advocate of the survivors of the Larry Nassar and Robert Anderson sexual abuse scandals, praised the Senate for acting and reaching a compromise. Survivors wanted a two-year window for all claims to be pursued regardless of how long ago the abuse occurred, and the $1.5 million cap should ease concerns about the financial ramifications to organizations.
“For years, with our legislators, survivors of sex abuse have been silenced,” he said. “Finally, the Michigan Senate – through compromises – has done something right for these survivors, allowing them through healing to find justice.”
The bills now go to the House. Stinar said he hopes the House appreciates the compromise in the bills and passes them.
“This is something that’s been sadly a very important issue in Michigan. The state of Michigan has had arguably the two largest institutional sex abuse cases in the history of the United States with Michigan State’s Larry Nassar and the University of Michigan’s Robert Anderson,” he said. “This issue is not going away in the state of Michigan, and now the House with these very reasonable compromises has the ability to provide survivors with access to justice and also these defendants or defendant institutions closure, or finality.”
An S-1 substitute for SB 1191 would remove governmental immunity for public universities, community colleges and school districts for tort liability arising from criminal sexual conduct committed by an employee or agent if they were negligent in hiring, supervising or training the person or had “actual or constructive knowledge” of the sexual assault and failed to report it to law enforcement.
An S-1 substitute for SB 1189 and an S-1 substitute for SB 1192 make clear a lawsuit can be brought against the state of Michigan under the new three-pronged statute of limitations.
Four Republicans sided with the Democrats in support of each bill: Sen. Mark Huizenga of Walker, Sen. Ruth Johnson of Groveland Township, Sen. Jim Runestad of White Lake and Sen. Michael Webber of Rochester Hills.
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