Light of Justice Act
The Light of Justice Act empowers survivors of childhood sexual abuse by reviving time-barred civil claims, enabling them to seek accountability regardless of when the abuse occurred. Survivors have a one-year window to file claims against individuals or entities that allowed the abuse to happen. The Act also waives sovereign immunity for government entities, mandates public awareness campaigns, and protects individuals from retaliation. Transparency and survivor protections are central to this legislation.
Key Provisions
Revival of Time-Barred Claims: Opens a one-year window for survivors to bring civil claims for past abuse, regardless of elapsed time.
Eligibility: Claims may target perpetrators or entities that negligently allowed the abuse.
Waiver of Sovereign Immunity: Permits claims against state and local governments for negligence.
Notice of Rights: Requires a public awareness campaign to inform survivors of their rights and resources.
Prohibition on Retaliation: Protects individuals from retaliation for filing claims under this Act.
Effective Date: The Act takes effect 60 days after passage, with the revival period lasting ten years.
Model Language
Section 1: Short Title: This Act shall be known as the "Light of Justice Act."
Section 2. Purpose: The purpose of this Act is to provide survivors of childhood sexual abuse with the opportunity to file civil claims regardless of when the abuse occurred, recognizing the unique barriers survivors face in coming forward.
Section 3. Revival of Time-Barred Claims
(a) Revival Period:Any civil claim for damages resulting from an act of sexual abuse committed against a minor that was previously barred by a statute of limitations is hereby revived. Such claims may be commenced within ten years from the effective date of this Act, regardless of when the abuse occurred.
(b) Eligibility:A revived claim under this section may be brought against:
The individual alleged to have committed the act of sexual abuse. Any entity or organization entrusted with the well-being of individuals, including religious orders, government agencies, academic institutions, healthcare providers, social service agencies, youth organizations, or other trusted institutions, that knew or should have known of the abuse and failed to take reasonable steps to prevent it.
Section 4. Waiver of Sovereign Immunity: The state hereby waives sovereign immunity for claims brought under this Act to the extent provided by law. Claims may be brought against state and local governmental entities if they are alleged to have negligently allowed the abuse to occur.
Section 5. Notice of Rights: The [State Attorney General] shall develop and implement a public awareness campaign to inform survivors of their rights under this Act, including the revival period and resources available to assist survivors in pursuing claims.
Section 6. Prohibition on Retaliation: No employer, institution, or other entity shall retaliate against any individual for filing a claim under this Act.
Section 7. Severability: If any provision of this Act is found to be invalid or unconstitutional, the remaining provisions shall remain in full force and effect.
Section 8. Effective Date: This Act shall take effect [60 days] after its passage, and the revival period provided in Section 3(a) shall remain in effect for ten years from that date.