Bill would extend statute of limitations for Boy Scouts sexual abuse survivors

By: - April 4, 2024 4:48 pm

The bill would waive Iowa's current statute of limitation on civil claims for child sexual abuse for victims involved in a settlement with the Boy Scouts of America. (Photo by Catherine McQueen/Getty Images)

The Iowa Senate Appropriations Committee advanced a bill that would add an exemption to the time limit on filing child sexual abuse lawsuits, allowing former Boy Scouts in the state to be a part of the national settlement against the organization.

Senate File 2431, approved unanimously by the committee Thursday, would extend the statute of limitations on civil actions involving child sexual abuse — specifically for “claims against the bankruptcy state of a congressionally chartered organization.”

The exception references the 2020 Boy Scouts of America bankruptcy settlement, allowed by the U.S. Supreme Court to move forward in February, that involves more than 82,000 men who said they were sexually abused by Boy Scouts troop leaders while in the organization as children.

Survivors involved in the 2020 settlement agreement have the ability to recover funds through the Scouting Settlement Trust of $2.46 billion. But Iowans involved may not be able to receive as much compensation as victims in other states. Settlement payouts are determined using multiple factors, including both the details and length of abuse suffered by victims, as well as the state’s statute of limitations on child sexual abuse claims.

Current Iowa law requires that child sexual victims file suit by age 19, or within four years of having knowledge that the abuse resulted in injuries and suffering. Lawyers involved in the settlement said these limitations mean that Iowa has until April 19 to change the law on the statute of limitations, or Iowa victims will receive less compensation from the Boy Scouts settlement than others across the country.

Sen. Tim Kraayenbrink, R-Fort Dodge, said the proposed change was “probably one of the fastest bills” to advance through the Legislature as lawmakers aim to meet the deadline. In addition to the Senate bill, soon eligible for consideration on the floor, he and other lawmakers are working on a companion bill in the House to ensure the measure makes it to Gov. Kim Reynolds’ desk in time, Kraayenbrink said.

“This needs to be signed as quickly as possible to give the Iowa Boy Scouts that were offended the opportunity to come to some sort of justice,” he said. “It’s not going to, you know, change their past, but at least we can do something positive for them at this point.”

Sen. Janet Petersen, D-Des Moines, thanked Kraayenbrink for advancing the bill quickly to ensure Iowa victims can be fairly compensated.

“I would just like to thank the Boy Scouts from across the state who have trusted us and reached out and shared very personal stories with us, asking for the Legislature’s help,” Petersen said. “… No one should be shortchanged in a settlement based on living within the borders of the state of Iowa.”

Petersen has been a longtime advocate of lifting Iowa’s strict statute of limitations on all child sexual abuse cases. After the Wednesday subcommittee on the bill, she said she would continue to push for removing the civil statute of limitations on these cases as it prevents victims from seeking civil damages against “the rapist, the predator, and also institutions that have covered up crimes against our children,” when they turn 19 years old, according to the Des Moines Register.

Senate Minority Leader Pam Jochum said in a news conference Thursday that Senate Democrats will continue to advocate for larger changes, but that Democrats are also supportive of the legislation advanced this session as it allows the roughly 350 Iowans involved in the Boy Scouts settlement to seek justice.

“These are many people who have been sexually abused as children do not report that within four years of that occurrence,” Jochum said. “Many don’t until they’re at least 52 years old. … So what this will do is it opens the door — doesn’t matter when you report it. And when you file that lawsuit, you are now eligible to seek damages and recovery, and that’s why it’s so important.”

Answering questions from reporters Wednesday, Reynolds said she would be “open” to consideration of the bill if it is passed by the Legislature.

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Robin Opsahl
Robin Opsahl

Robin Opsahl is an Iowa Capital Dispatch reporter covering the state Legislature and politics. They have experience covering government, elections and more at media organizations including Roll Call, the Sacramento Bee and the Wausau Daily Herald.

Iowa Capital Dispatch is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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