Long-overdue legislation to fix Michigan’s broken statute of limitations for civil claims in childhood sexual abuse cases and repeal of immunity provisions for educational institutions that conceal systemic abuse is stalled in the Michigan House. The Michigan Senate passed the legislative package in May last year (25 to 9), allowing lawsuits within 10 years of incident, seven years after discovering injury, or by age 42. The average age at the time of reporting childhood sexual abuse is 52.
Click to access 230227JUSa3.pdf
These claims are handled by state courts and there is no federal “lookback window.” The constitutionality of such legislation is dependent on state constitutions. Basically it boils down to an argument between a defendant’s Due Process rights to be “free” of an old claim once they pass the finish line of a shorter statute of limitation and the legitimate legislative purpose of protecting survivors.
The package is allegedly stalled in the House due to the noncommittal stance from leadership regarding the constitutionality of retroactive “lookback” windows. Is legislative counsel actually researching this for the House leadership? Or is the delay and failure to bring the proposed legislation to the floor for a vote just a repeat of the tactics used in previous sessions to kill the bill? Is the delay due not to a considered constitutional argument (ACLU) but rather capitulation to the Catholic Conference, MSU and U-M and other educational institutions that have long hidden behind and enjoyed an immunity that protects pedophile protectors?
Michigan’s recent history includes deviant Dr. Larry Nassar, rapist who worked for MSU and deviant Dr. Robert Anderson, rapist who worked for U-M. And it includes many decades of organized pedophilia and CSAM that always flew under the radar. See Frank Shelden, N. Fox Island and consider allegations of similar crimes on other nearby islands in Lake Michigan, continuing to the present, for starters.
And this is not some new-fangled, unprecedented legislation.
Call your Michigan State Representative and demand the legislation be brought to the floor for a vote, rather than die on the desks of leadership. Let them make their arguments about constitutionality and immunity on the record and let’s see who is influencing their vote.