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COMMITTEE ON RULES AND JUDICIARY 11/20/2024-SPECIAL ORDERED BILL NO. 35-0402 Thirty-Fifth Legislature of the Virgin Islands October 30, 2024 An Act amending title 5 Virgin Islands Code, subtitle I, chapter 3, sections 31 and 36 extending the statute of limitations to bring a civil action involving childhood sexual abuse PROPOSED BY: Senator Marise C. James WHEREAS, the Legislature of the Virgin Islands recognizes that sexual crimes against 1 individuals under the age of 18 are particularly sensitive and can cause severe trauma to young 2 victims; and 3 WHEREAS, these crimes often go unreported due to the victim’s fear of disclosing such 4 distressing experiences, threats from the abuser, or the abuser’s familial connections; and 5 WHEREAS, the Legislature also acknowledges that many child victims are unable to 6 come forward sooner due to the trauma they have endured; and 7 WHEREAS, as adults, these victims may only begin to connect their childhood assault 8 to its long-term effects when they seek therapeutic help years later, a phenomenon known as 9 “Delayed Discovery”; and 10 WHEREAS, Delayed Discovery occurs when emotional or psychological trauma, often 11 coupled with repression, prevents the victim from realizing the abuse until adulthood, typically 12 2 after receiving counseling or therapy and many of the injuries stemming from childhood sexual 1 abuse do not become apparent until much later in life; and 2 WHEREAS, the Legislature finds that criminal prosecution for sexual offenses is not 3 restricted by the applicable statute of limitations, allowing for prosecution at any time when an 4 adult discovers they were a victim of sexual abuse as a child under eighteen and this option 5 remains available regardless of the time that has passed, as provided by 5 V.I.C § 3541; and 6 WHEREAS, however, the Legislature finds that the same flexibility does not extend to 7 civil cases involving sexual abuse that occurred when the victim was under 18 but was only 8 discovered in adulthood and after more than two years had passed and these cases are currently 9 barred by the two-year statute of limitations under 5 V.I.C § 31(a)(5) and 5 V.I.C § 36(a)(1); 10 and 11 WHEREAS, the Legislature finds that the expiration of the statute of limitations for 12 child sexual abuse victims has prevented many valid civil claims, allowing perpetrators to 13 evade civil liability and where there is sufficient evidence to establish civil liability; and 14 WHEREAS, the mere passage of time should not prevent child sexual abuse victims 15 from seeking justice; Now, Therefore, 16 Be it enacted by the Legislature of the Virgin Islands: 17 SECTION 1. Title 5 Virgin Islands Code, subtitle I, chapter 3 is amended as follows: 18 (a) In section 31 by inserting a paragraph (7) to read as follows: 19 “(7) (A) There is no statute of limitation on an action brought by any person for recovery 20 of damages for injury suffered from childhood sexual or physical abuse as described 14 V.I.C. 21 § 503, which may be commenced against a person, legal entity, abusers, their enablers, their 22 aiders or abettors, those acting in concert with them and their institutions. The action may be 23 commenced at any time after the act alleged to have caused the injury or condition. The victim 24 3 need not establish which act in a series of continuing physical abuse or sexual abuse, or 1 exploitation incidents caused the injury. 2 (B) Application. This paragraph applies to all actions based on alleged sexual 3 acts against minors regardless of the date of the alleged sexual act occurred and regardless 4 of whether the statute of limitations on these actions expired prior to the effective date of 5 this paragraph. 6 (b) In section 36, subsection (a) (3) by inserting the following at the end: “except as 7 provided in section 31 (7) of this chapter”. 8 BILL SUMMARY 9 This bill amends title 5, subtitle I chapter 3, sections 31 and 36 of the Virgin Islands Code 10 extending the statute of limitations to bring a civil action involving childhood sexual abuse. 11 BR24-1130/October 30, 2024/AA 12