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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;
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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
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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

1 Resolved by the House of Representatives (the Senate

2 concurring), That—

3 (1) it is the sense of Congress that—

4 (A) unduly short State statutes of limita5 tions infringe upon the procedural due process

6 rights of adult survivors of childhood sexual

7 abuse who become aware of the harm of child8 hood sexual abuse later in life by denying them

9 access to the courts;

10 (B) the States and the District of Colum11 bia should enact comprehensive legislation that

12 affords victims of childhood sexual abuse access

13 to civil courts and should consider legislation al14 lowing criminal prosecution based on the evi15 dence offered by adult survivors of such abuse;

16 and

17 (C) the Attorney General should cooperate

18 with and assist adult survivors of childhood sex19 ual abuse, and gather data on State activities

20 in this area, including the need for Federal leg21 islation because of the States’ failure to act

22 with respect to such abuse; and
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1 (2) not later than 2 years after the date of the

2 adoption of this concurrent resolution, the Congress

3 commits itself to revisit the question of the adequacy

4 of State law to protect the rights of adult survivors

5 of childhood sexual abuse and to protect society’s in6 terest in deterring such abuse through the criminal

7 justice system.

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