[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 200 Introduced in House (IH)]

103d CONGRESS
  2d Session
H. CON. RES. 200

   Expressing the sense of Congress in support of efforts to provide 
         justice for adult survivors of childhood sexual abuse.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 1994

Mrs. Schroeder (for herself, Mrs. Morella, and Mr. Reed) submitted the 
following concurrent resolution; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
   Expressing the sense of Congress in support of efforts to provide 
         justice for adult survivors of childhood sexual abuse.

Whereas childhood sexual abuse is a deplorable violation of the rights of some 
        of our most vulnerable citizens, is unacceptable in a civilized society, 
        and must be addressed by appropriate legal sanctions;
Whereas the Congress has a substantial interest in the safety and welfare of 
        children in this country;
Whereas childhood sexual abuse is a pervasive national problem, with research 
        indicating that between 11 and 62 percent of American females and 
        between 3 and 22 percent of American males are sexually abused during 
        childhood;
Whereas childhood sexual abuse inflicts devastating physical and psychological 
        injuries on its victims, often of a permanent nature;
Whereas traditional applications of statutes of limitations have barred victims 
        of childhood sexual abuse from access to the courts to seek legal 
        redress;
Whereas the operation of many State statutes of limitations fosters the belief 
        among perpetrators that society protects them from any civil or criminal 
        liability for sexually abusing children, undermining society's interest 
        in deterring sexual abuse;
Whereas the worst perpetrators often escape punishment because the trauma of 
        childhood sexual abuse typically causes effects such as denial, 
        repression, and disassociation, which prevent the victim from 
        remembering the abuse or recognizing its injurious effects until many 
        years after the abuse has occurred;
Whereas fewer than half the States currently permit survivors of childhood 
        sexual abuse to bring civil suits within a reasonable number of years 
        after the survivor discovers the connection between the abuse and the 
        injuries it has caused;
Whereas some States continue to apply a doctrine of parental tort immunity that 
        prevents survivors of incestuous childhood sexual abuse from bringing 
        civil suits against the abuser;
Whereas permitting survivors of childhood sexual abuse reasonable access to the 
        civil courts will permit such survivors to obtain legal redress, punish 
        and deter acts of abuse, and signal society's refusal to condone such 
        abuse; and
Whereas the Congress will not tolerate the sexual abuse of children, and is 
        determined to ensure that those who sexually abuse children are held 
        accountable for their actions: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That--
            (1) it is the sense of Congress that--
                    (A) unduly short State statutes of limitations 
                infringe upon the procedural due process rights of 
                adult survivors of childhood sexual abuse who become 
                aware of the harm of childhood sexual abuse later in 
                life by denying them access to the courts;
                    (B) the States and the District of Columbia should 
                enact comprehensive legislation that affords victims of 
                childhood sexual abuse access to civil courts and 
                should consider legislation allowing criminal 
                prosecution based on the evidence offered by adult 
                survivors of such abuse; and
                    (C) the Attorney General should cooperate with and 
                assist adult survivors of childhood sexual abuse, and 
                gather data on State activities in this area, including 
                the need for Federal legislation because of the States' 
                failure to act with respect to such abuse; and
            (2) not later than 2 years after the date of the adoption 
        of this concurrent resolution, the Congress commits itself to 
        revisit the question of the adequacy of State law to protect 
        the rights of adult survivors of childhood sexual abuse and to 
        protect society's interest in deterring such abuse through the 
        criminal justice system.

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