Rhode Island Legislation awaiting Governor’s Signature

During the last week of June, 2019, the Rhode Island legislature passed revisions to the State’s laws that expand the time within which victims of childhood sexual abuse can bring civil claims against their abusers and, in some cases, against non–perpetrator responsible institutions. The legislation underwent many revisions as it worked its way through various legislative Committee and the Rhode Island House and Senate. The final version that was passed treats the perpetrators of abuse differently from non–perpetrator institutions.

Perpetrators of Abuse

Under the legislation, abuse survivors will have 35 years to bring civil claims against the person or person who committed the childhood sexual abuse. The 35 years begins to run from the survivor’s 18th birthday. So a survivor has until his/her 53rd birthday to bring a claim. After that, a claim could still be brought but must be filed within”

“seven (7) years from the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act [of abuse]”

As to perpetrators, the new 35–year time period will apply even if the claim is currently time–barred under the previous version of the law.

Non–Perpetrators

Under the legislation as it applies to “non–perpetrator defendants,” e.g. employers, schools, churches, etc., the new 35–year rule will apply to civil actions based on acts of childhood abuse committed after the legislation becomes law and only to those acts of abuse for which such civil claims are not otherwise time–barred under the previous version of the law.

The legislation is designated 2019–H 5171 Substitute B — “An Act Relating to Courts and Civil Procedure–Procedure Generally–Causes of Action” and will become law when signed by Governor Gina Raimondo. The Governor has indicated she will signed it.