Representatives Kevin McDugle and Carol Bush along with Sen. David Holt, have two bills nearing a floor vote, this week.(HB1468, HB1470) They are a lawyer's dream. The two freshmen legislators teamed up to provide a proposed statute giving lawyers and plaintiffs up to 40+ years to file a lawsuit claiming, among other things, certain emotional damages suffered in childhood.
The intention was to give children who suffer sexual abuse a longer period of time to file claims, both criminal complaints and civil damages.
One of the longest spans is for claims including indecent proposals. Two freshmen legislators are seeking to raise that span to perhaps 40 years. I have serious concerns for what this could do to exploit elderly defendants and where facts can no longer be certified, leading to a miscarriage of justice.
This can be devastating for organizations trying to recruit volunteer leaders. The Boy Scouts already have the strictest standards and have a desperate time getting dads to volunteer.
I doubt that I would want to subject myself to this 40-year time bomb.
Sadly, though, this bill would be a retroactive open season on the elderly who have no way of assembling a defense to some thrapist-assisted "memory" from countless mentally unstable people who may just be looking for a cash-cow and waiting until an older adult has stockpiled a full retirement nest egg.
Here's an overview of the Civil Statute Of Limitations:
Injury to Person 2 yrs. Tit. 12 §95
Defamation (Libel/Slander) 1 yr. Tit. 12 §95
Fraud 2 yrs. Tit. 12 §95
Injury to Personal Property 2 yrs. Tit. 12 §95
Professional Malpractice 2 yrs. Tit. 12 §95
Trespass 2 yrs. Tit. 12 §95
Collection of Rents 5 yrs. Tit. 12 §95
Contracts Written: 5 yrs.; Oral: 3 yrs. Tit. 12§95;Tit.12 §95
Collection of Debt on Account 5 yrs. Tit. 12 §95
Judgments 3 yrs. foreign judgment Tit. 12 §95
Heck, I don't remeber what I ate for dinner last month, but somehow I would have to mount a credible defense against a "therapist-guided" narrative. Any credible defense witnesses may possibly be dead by then.
This pair of bills is a misguided effort which will cause more harm than good and become a toll to "shake down" wealthy older folks. This kind of legislation from freshmen is more common than it should be. It is not an advancement of liberty or justice, as a whole. This kind of bill is typical pandering to special interests. Something Senator Holt has a reputation for, But I hope McDugle & Bush will not follow the same path.
This legislation invites the Tawanna Brawley's of the world to ramp up their destruction. It also creates a wonderland for thug district attorneys like Mike Nifong, who fortunately went to jail for his predatory case against the Duke Lacrosse Four.