ATLANTA – State Representative Jason Spencer (R-Woodbine) today announced that House Bill 17, the Hidden Predator Act, was signed into law by Governor Nathan Deal. Sponsored by Rep. Spencer, HB 17 changes Georgia’s statute of limitations for child sexual abuse cases.
“As a result of Governor Nathan Deal’s signature, Georgia will no longer be the worst state in the country in providing justice to victims of childhood sexual abuse,” said Rep. Spencer. “The courthouse doors are now unlocked. For too long, our laws protected pedophiles and the institutions that harbored them. The Hidden Predator Act will reverse this and empower the victims to confront their perpetrators and their accomplices in the court room. When victims come forward, this law will expose these child sexual predators in the communities where they are hiding and enhance child protections. Today, the children of Georgia won, and child sexual predators will no longer be able to easily hide in Georgia.”
The following is a summary of HB 17:
• HB 17, the ‘Hidden Predator Act,’ extends the statute of limitations for civil actions for childhood sexual abuse under certain circumstances.
• Currently, an action for childhood sexual abuse must be filed before the plaintiff’s 23rd birthday. As to childhood sexual abuse committed on or after July 1, 2015, HB 17 allows for an action to be brought against an individual alleged to have perpetrated such abuse either: by the plaintiff’s 23rd birthday; or within two years from the date the plaintiff knew or had reason to know of such abuse and that such abuse resulted in injury to the plaintiff, as established by competent medical or psychological evidence. If an action is filed under the second option above, the judge must determine within six months of the filing of the case when the plaintiff knew or had reason to know of the alleged childhood sexual abuse.
• If an action is filed before the plaintiff attains the age of 23 and the alleged perpetrator of the childhood sexual abuse was a volunteer or employee of an entity that owed a duty of care to the plaintiff or if the alleged perpetrator and the plaintiff were engaged in some activity over which the entity had control, the entity may only be found liable for damages to the plaintiff if the entity is found to be negligent by a preponderance of the evidence.
• If an action is filed after the plaintiff attains the age of 23 pursuant to the discovery rule and the alleged perpetrator of the childhood sexual abuse was a volunteer or employee of an entity that owed a duty of care to the plaintiff or if the alleged perpetrator and the plaintiff were engaged in some activity over which the entity had control, the entity may only be found liable for damages to the plaintiff if the entity is found to be grossly negligent by a preponderance of the evidence (that the entity knew or should have known of the alleged conduct giving rise to the civil action and failed to take remedial action).
• The bill provides a two-year retroactive window to allow revival of civil cases that have been time-barred by Georgia’s current five-year statute of limitations for child sexual abuse cases. Such actions may only be filed against the individual alleged to have committed the abuse; no claim may be brought under the revival window against an entity. A revival action may not be brought if any claim has already been litigated to finality on its merits or if a written settlement agreement has been entered into between the plaintiff and defendant.
• The bill also allows access for victims of child abuse or their guardians to investigation files after criminal cases have been closed.
“I would like to thank Senators Renee Unterman and Tommie Williams, as well as Representatives Mary Margaret Oliver, Greg Morris and Chad Nimmer for their hard work and dedication in helping pass this reform legislation through the General Assembly,” added Rep. Spencer. “I would also like to thank Governor Nathan Deal for recognizing the importance of empowering victims of childhood sexual abuse and unlocking the courthouse doors with the signage of HB 17, the Hidden Predator Act.”
“Georgia has now abandoned the laws that kept pedophiles safe and children at risk,” said Professor Marci Hamilton, a national advocate for legislative reform of statutes of limitation reform expert on statute of limitations reform. “It is inspiring to see a state move up the ranks of child protection so decidedly. There is still more to do for Georgia’s children but every Georgian should be proud of your government for taking this large step today.”
For more information on House Bill 17, please click here.
Representative Jason Spencer represents the citizens of District 180, which includes Camden, Charlton, and Ware counties. He was elected into the House of Representatives in 2010, and currently serves as the Secretary of the Special Rules Committee. He also serves on the Game Fish & Parks, Human Relations & Aging, Science and Technology, and Juvenile Justice committees.
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