[Congressional Record Volume 162, Number 66 (Thursday, April 28, 2016)]
[Senate]
[Page S2563]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Cornyn):
  S. 2895. A bill to extend the civil statute of limitations for 
victims of Federal sex offenses; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Extending 
Justice for Sex Crime Victims Act, which is a bill to extend the time 
for child sexual abuse victims to seek justice against their 
perpetrators.
  I would like to thank Senator Cornyn for working closely with me on 
this important issue.
  Tragically, all over the country, victims of sexual abuse are coming 
forward to tell their stories of abuse and exploitation at the height 
of their innocence when they were children.
  Several from California, for example, have contacted my office, and 
described with great courage their pain and anguish.
  Each of these individual stories represents an untold amount of pain 
and suffering. When you look at the numbers, you cannot help but feel 
devastated.
  Indeed, the numbers reveal that no one is too far removed from being 
affected by deplorable crimes committed against children.
  Studies indicate that at least one in four girls and about one in 
five boys is sexually abused.
  It has been estimated that 90 percent of child victims never go to 
the authorities concerning their abuse.
  For many of these children, coming to grips with the trauma is 
extraordinarily difficult.
  Several research studies have described in painstaking detail the 
long-term effects that affect the physical, emotional, cognitive, and 
social development of abuse victims and sex trafficking victims.
  Those who are victimized when they are children typically do not come 
forward with their abuse--if at all--until many years later, after the 
victims reach adulthood.
  Simply put, the bill extends the civil statute of limitations in two 
ways for minor victims of Federal sex crimes--because these victims 
often need more time to realize the harm they have suffered and to seek 
redress.
  First, the bill extends the statute of limitations until the age of 
28--from age 21--for minor victims of particular offenses, such as 
sexual abuse and child pornography.
  This brings the statute of limitations in line with a similar law 
that provides a civil remedy for victims of sex trafficking. The two 
laws are sections 2255 and 1595 of Title 18.
  This provision was recently included, at my request, in the Adam 
Walsh Reauthorization Act of 2016, which the Judiciary Committee 
approved unanimously weeks ago.
  Second, for the laws that provide civil remedies for sex abuse and 
sex trafficking victims, the bill clarifies when the statute of 
limitations begins to run.
  The bill would clarify that, for both laws providing civil remedies 
for these victims, the time for a victim to bring a claim against the 
perpetrator would not begin to run until after the victim actually 
discovers the injury or the violation.
  This is significant because victims of sex crimes are sometimes 
abused even before they can remember the abuse--some as young as 3-
years old.
  The bill therefore clarifies that the time for a victim to sue her 
perpetrator does not begin to run when the violation occurs, but rather 
when the victim first discovers the injury or the violation.
  This is also important because victims of child pornography--who are 
also sexually abused--may not even ``discover'' that their illegal, 
pornographic images are being distributed over the internet and 
elsewhere until later in life.
  The bill therefore ensures that minor victims have an extended period 
to seek justice against their perpetrators after discovering their 
injury or violation.
  Under current law, it is unclear from court opinions when victims 
must bring their claims, and Congress must make clear it has always 
intended these victims to have an opportunity to come forward and seek 
redress.
  I want to thank Senator Cornyn again for working so closely with me 
on this issue.
  I also want to acknowledge the support for this bill from the 
National Center for Missing and Exploited Children, the National Center 
for Victims of Crime, and the Survivors Network of those Abused by 
Priests.

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