What Michigan’s New Law Means for a Sexual Abuse Survivors

Survivors of childhood sex abuse, sexual assault, sexual battery, or sexual harassment often experience traumatic physical and psychological injuries and lifelong emotional scars. While no amount of money can remove the injuries and trauma, sexual abuse survivors deserve financial compensation from the people who caused them harm and the institutions that should have protected them. Unfortunately, many sexual abuse survivors who made revelations about long-buried cases of childhood sex abuse have found their path to justice blocked.

Recent Michigan legislation would expand the statute of limitations on civil lawsuits for sex abuse and repeal immunity for educational institutions that concealed it. Critically, the new law also opens a one-year revival window for anyone whose civil claims for compensation caused by childhood sexual abuse have already expired.

Muth Law, P.C., helps sexual abuse survivors fight for justice and obtain the compensation they deserve. Our caring and compassionate attorneys can evaluate your situation, explain your rights and legal options, and provide advice and guidance to help you move forward. Contact our law office to schedule a free and confidential appointment to discuss your situation and how we can assist you.

Michigan Laws Failed to Protect Survivors of Childhood Sexual Abuse

In recent years, Michigan has made national headlines for childhood sex abuse lawsuits. Michigan State University’s Larry Nassar was accused of sexually assaulting more than 150 women. Victims of the University of Michigan’s late physician, Robert Anderson, reached a substantial settlement with the school. The Michigan Attorney General’s Office investigated the Catholic Church and Boy Scouts of America, shining light on the persuasive issue of sexual assault and the legal loopholes that abusers and institutions used to avoid accountability.

Despite these high-profile cases, Michigan’s laws regarding criminal sexual conduct were among the weakest in the nation, failing survivors and shielding abusers. Michigan had the narrowest "revival window," which only allowed survivors of childhood sexual abuse until their 28th birthday or three years after recognizing their victimization, to file a civil lawsuit. This timeframe is significantly shorter than the average age of disclosure, which is typically well into adulthood.

“Justice for Survivors” Legislation Expands Access to Courts for Survivors of Childhood Sexual Abuse

In May, the Michigan legislature passed a set of laws that expand the statute of limitations on civil lawsuits for childhood sexual abuse claims and repeal immunity for educational institutions that concealed sex abuse. In the words of Senator Kevin Hertel, one of the sponsors of the bill, the legislation “is about restoring what never should have been lost — a survivor’s right to be heard and to seek justice.”

The new law, known as the “Justice for Survivors” package, seeks to better support survivors and address these issues by:

• Extending the statute of limitations to 10 years after the time the claim accrues, seven years after an individual realizes they were the victim of a crime, or their 42nd birthday, whichever is longer.
• Opening a one-year revival window for anyone whose civil claims had already expired.
• Eliminating the statute of limitations for civil claims for a survivor to recover monetary damages if there was a criminal case that resulted in a conviction.
• Exempting certain claims for compensation from the statute of limitations for cases filed against the state.

Extending the statute of limitations gives survivors more time to recall traumatic events or overcome fear of retribution. The law also allows survivors to collect up to $1.5 million in damages per occurrence of assault.

In addition, institutions now have a responsibility to intervene when they become aware of potential sex abuse, and will be held accountable if they fail to do so. Prior to the new legislation, universities and K-12 schools were shielded from civil liability in lawsuits involving allegations of criminal sexual conduct. The new law eliminates this immunity when an educational institution knew or should have known an individual committed a prior act of abuse and failed to prevent another.

Can You Sue Someone Who Molested You as a Child?

Childhood sexual abuse survivors are entitled to compensation, and an experienced child sex abuse attorney can help. Attorneys can use specialized tools and resources to help survivors navigate this difficult time and obtain evidence necessary to prove a case of childhood sex abuse. An attorney can prepare and present a lawsuit, protect you and your rights during court proceedings, and help you recover the compensation you deserve.

How a Michigan Childhood Sexual Abuse Attorney Can Help

If you or someone you love experienced childhood sex abuse, the attorneys at Muth Law can help. We help childhood sexual abuse survivors obtain the compensation they deserve for the suffering they experienced.

During your free and confidential consultation, we will listen as you describe what happened, offer emotional support as you navigate this difficult time, and explain and help you evaluate your options to move forward. Our caring and compassionate attorneys specialize in sensitive cases like these and can help you recover the compensation you deserve.

Contact Muth Law Today

Muth Law is based in Ann Arbor and represents survivors of childhood sexual abuse in Ypsilanti, Ann Arbor, Washtenaw County, and throughout Michigan. Please contact us today to schedule a free, confidential appointment to discuss your matter. Call 734-481-8800 or contact us via e-mail. We look forward to serving you and your family.