Senate vote on removing abuse lawsuit limits coming

By John Vlahovich, Spokane Public Radio

A measure lifting the statute of limitations on civil lawsuits over claims of sexual abuse has cleared the Washington Senate judiciary committee. It now awaits a vote by the full state Senate. The Washington legislature has already lifted limits to prosecuting criminal sexual abuse cases.

At present, civil lawsuits involving sexual abuse must be filed within three years – whether from the date of the incident, or from the date the victim determines he or she had been sexually abused.

Abuse victim Mark Mains Thursday told senators it had taken many more than three years before he was able to publicly talk about what he had gone through.

The bill awaiting Senate action completely does away with time limits in civil legal actions.

Seattle Attorney Tim Kosnoff represents abuse victims, including some who’ve sued the Spokane Catholic diocese. He says without a civil lawsuit statute of limitations many more victims would come forward, meaning more abusers would be identified and their abusing halted.

“I know this because I get the emails, I get the phone calls. I hear the stories,” says Kosnoff. “Was your father every arrested? No. Was he ever prosecuted, anything like that? No. Was your abuser, do you know, has he ever been caught? He was never caught. By the time I was able to come forward, the criminal statute of limitations had expired. The police told me there was nothing they could do.”

Some skeptical senators, including James Hargrove of Hoquiam, worry that lifting the civil statute of limitations opens the floodgates to frivolous abuse lawsuits, although Hargrove concedes plaintiffs may actually believe their stories of being victimized.

“In fact, some of the people may have been counseled into believing they are accurate when, in fact, they really weren’t accurate. And that’s been proven out on the criminal side,” says Hargrove.

Despite such misgivings, Judiciary committee members passed the measure to the full Senate with a “do pass” recommendation.