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50 State Compendium Child Victims

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50 State Compendium Child Victims 50 STATE COMPENDIUM CHILD VICTIMS Project Coordinator Andrea Schillaci Hurwitz & Fine, P.C. Buffalo, NY For additional information, questions, or updates, please contact the Harmonie Group liaison for the state in question. Click here to access the Harmonie online firm directory. Questions presented: ➢ What is the statute of limitations for civil sexual assault cases? ➢ Has your state adopted legislation expanding the statute of limitations within which child victims of sexual abuse may bring an action? ➢ If so, (a) please provide a summary of the provisions and (b) the expiration date of the extended statute of limitations. ➢ Is there a cap on damages and, if so, what is it? ➢ Has your state enacted legislation to combat human trafficking? ➢ If so, please provide a summary of the statute. DISCLAIMER: Harmonie has attempted to collect the most recent information on the status of the items published here. However, please note that due to the constant nature of change that occurs in all areas of the law, it will be impossible for this information to be up to date at all times. Each case and set of facts is different. This material is provided for general information and is not legal advice. For the latest, please go to the Harmonie directory and contact the Harmonie firm in the jurisdiction you wish to have an update on, and they can guide you accordingly. ALABAMA What is the statute of limitations for civil sexual assault cases? Alabama has no special statute of limitations for such. Claims must be brought within two years of the date of the injury under Alabama Code § 6-2-38. Has your state adopted legislation expanding the statute of limitations within which child victims of sexual abuse may bring an action? No. The Alabama Supreme Court has not adopted a discovery rule or any provision for repressed memory claims. Many states have provided a basic suspension of the statute of limitations ("tolling") for civil actions while a person is a minor, but Alabama is not one of them. If so, (a) please provide a summary of the provisions and (b) the expiration date of the extended statute of limitations. N/A Is there a cap on damages and, if so, what is it? There is no compensatory tort cap. However, there is a cap on punitive damages. In Alabama, punitive damages are capped at three times compensatory damages or $500,000, whichever is greater. Ala. Code § 6-11-21. In cases involving physical injury, state law does limit punitive damages to no more than three times the compensatory damages of the party claiming punitive damages or $1.5 million, whichever is greater. Ala. Code § 6-11- 21(d). However, the caps on damages are removed altogether in actions for wrongful death or intentional infliction of physical injury. Ala. Code § 6-11-21(j). Has your state enacted legislation to combat human trafficking? Yes. If so, please provide a summary of the statute. Alabama Criminal Code 13A-6-150 to 13A-6-163 Alabama Criminal Code § 13A-6-152 (a) A person commits the crime of human trafficking in the first degree if: (1) He or she knowingly subjects another person to labor servitude or sexual servitude. (2) He or she knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude. (3) He or she knowingly gives monetary consideration or any other thing of value to engage in any sexual conduct with a minor or an individual he or she believes to be a minor. (b) For purposes of this section, it is not required that the defendant have knowledge of a minor victim’s age, nor is reasonable mistake of age a defense to liability under this section. (c) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the first degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person's employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring. (d) Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class A felony. (e) Human trafficking in the first degree is a Class A felony. Alabama Criminal Code § 13A-6-153 (a) A person commits the crime of human trafficking in the second degree if: (1) A person knowingly benefits, financially or by receiving anything of value, from participation in a venture or engagement for the purpose of sexual servitude or labor servitude. (2) A person knowingly recruits, entices, solicits, induces, harbors, transports, holds, restrains, provides, maintains, subjects, or obtains by any means another person for the purpose of labor servitude or sexual servitude. (3) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the second degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person's employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring. (4) Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class B felony. (b) Human trafficking in the second degree is a Class B felony. Alabama Criminal Code § 13A-6-157 (a) An individual who is a victim of human trafficking may bring a civil action in the appropriate state court . (b) Venue for any action brought under this section shall be in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense. If venue is proper in more than one county, venue shall be in either county. (c) The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorney's fees and costs. Treble damages shall be awarded on proof of actual damages where defendant's acts were willful and malicious. (d) The court shall award a prevailing plaintiff attorney's fees and costs. (e) Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the office of the Attorney General and, upon entry of any injunction, judgment, or decree in the action, shall mail a copy of the injunction, judgment, or decree to the office of the Attorney General. (f) This section does not preclude any other remedy available to the victim under federal law or the laws of this state. ALASKA What is the statute of limitations for civil sexual assault cases? The civil statute of limitations in Alaska varies drastically, depending on the age of the victim and the severity of the abuse. For childhood sex abuse, the statute of limitations is as follows: cases involving felony sex abuse of a minor or unlawful exploitation has no statute of limitations (AS 09.10.065), and cases involving misdemeanor sex abuse of a minor/incest has a three-year statute of limitations starting from the victim’s 18th birthday or from when the crime could have been reasonably discovered. This involves Alaska’s delayed discovery/realization statute. AS § 09.10.140. Discovery is defined as when "the plaintiff discovered or through use of reasonable diligence should have discovered that the act caused the injury or condition." As for adult civil claims, the statutes of limitations are as follows: cases involving felony sexual assault has no statute of limitations (AS 09.10.065), cases involving felony indecent exposure has a three-year statute of limitations starting from the event, and cases involving misdemeanor sexual assault has a three-year statute of limitations starting from the act. Has your state adopted legislation expanding the statute of limitations within which child victims of sexual abuse may bring an action? Yes. If so, (a) please provide a summary of the provisions and (b) the expiration date of the extended statute of limitations. Cases involving misdemeanor sex abuse of a minor/incest has a three-year statute of limitations starting from the victim’s 18th birthday or from when the crime could have been reasonably discovered. This involves Alaska’s delayed discovery/realization statute. AS § 09.10.140. Discovery is defined as when "the plaintiff discovered or through use of reasonable diligence should have discovered that the act caused the injury or condition." In relevant part this statute provides that if a person entitled to bring a child sex assault civil action is under the age of majority, or incompetent by reason of mental illness/mental disability, then the time of the disability is not included as part of the time limit for the commencement of the action.
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