The Child Victim Protection Act of 2021 (GA House Bill 109) was reintroduced in the Georgia General Assembly this year. The bill would allow victims to recover damages suffered as a result of childhood sexual abuse that took place on or after July 1, 2015.

The Bill passed the Georgia House, but has now been referred to the Senate Judiciary Committee, which shows little sign (as of March 22, 2021) of allowing it to progress to a Senate vote.

The bill provides a private cause of action subject to the following:

• The proposed bill requires the plaintiff to be under 23 years old or sue for damages within four years from the date the plaintiff knew they suffered injuries resulting from the abuse
• A plaintiff who is between 23 and 38 years old may bring civil action for recovery of damages suffered as a result of childhood sexual abuse
• The civil action may be against a public or private organization or the individual alleged to have committed the act of childhood sexual abuse

The current version of the bill also creates a one-year open window following July 1, 2021 for plaintiffs of any age, who were previously time barred from bringing suit, to file claims against their individual abuser and/or any entity that violated a duty of care owed to the plaintiff if the entity was aware of the abuse after 1973.

House Bill 109 was originally introduced by Rep. Heath Clark and sponsored by Rep. Mary Margaret Oliver, among others. A subcommittee hearing on the bill was held on February 16, 2021, and the bill was favorably voted out of committee on February 23, 2021. It unanimously passed the House and crossed over to the Senate, where the bill’s fate will be decided. 

This important legislation is needed to allow victims of these horrible crimes to sue their abuser and the organizations that failed to protect them from the abuse. The goal is to bring Georgia’s law in line with scientifically accepted knowledge on childhood sexual abuse and to protect past and future victims. The majority of states have passed similar laws in the last five years.

Historically, Georgia’s laws have been among the weakest in providing protections for victims. In 2002, the civil statute of limitations barred victims over the age of 23 from bringing suit against their abusers. In 2015, the Hidden Predator Act created a two-year window for abuse victims to file claims against their individual abusers. Since that time, additional bills have been unsuccessfully introduced. 

The time has come for Georgia to protect its child victims and to support their pursuit of justice against individual abusers and the institutions who harbor them. Georgia needs stronger laws to protect all victims of sexual abuse, and HB 109 is a step in the right direction.

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