The State Senate gives preliminary approval to SB 5 , legislation cracking down on child sex offenders and pornographers.
A key component of this legislation would allow a victim to sue his or her abuser far into the future. The civil action could be started within ten years of the minor’s 21st birthday, or within three years of the date the plaintiff discovers that physical or psychological injury was caused by a sexual offense – whichever occurs later.
Senator John Loudon (R-Chesterfield), the sponsor, says it is important to extend the statute of limitations because a young person can be victimized, in cyberspace, for many years to come.
Loudon points out there would be no need for a criminal conviction or even prosecution in order for a victim to sue. He likens this to the O.J. Simpson case in which the former football star and actor was acquitted of murder charges, but was held liable civilly.
On the criminal side, this legislation would strengthen mandatory sentencing guidelines for abusers of children. Anyone who pleads guilty to or is convicted of possession of child pornography or promoting it would, depending on the age of the child, would face mandatory jail time.
One more positive vote in the Senate sends the bill to the House.