Democrats in the U.S. Congress have proposed a new law that would completely eliminate the statute of limitations for federal civil sex abuse cases.
The bill is named “Virginia’s Law” after Virginia Giuffre, who accused the late convicted sex offender Jeffrey Epstein and his associates of sexual abuse and human trafficking when she was a teenager in the 1990s.
Giuffre died by suicide in April last year after reaching a settlement in a sexual abuse lawsuit against Epstein’s friend and former British prince Andrew Mountbatten-Windsor.
What is Virginia Law?
The proposal for the new law was introduced in the U.S. Congress by Senate Democratic Leader Chuck Schumer and Representative Teresa Leger Fernandez, along with Giuffre’s family.
This is a federal bill that would eliminate the statute of limitations for civil lawsuits related to sexual abuse and human trafficking.
Civil cases are private disputes between individuals and organizations, while criminal cases involve the government prosecuting individuals for violating the law.
Under federal criminal law, most crimes must be prosecuted within five years, but many human trafficking and child sexual abuse crimes have no time limit at all and can be prosecuted decades after the fact.
According to the U.S. Federal Human Trafficking Prevention Act, victims of federal human trafficking-related crimes have 10 years after the crime to bring a civil lawsuit. If the crime was committed when the victim was a minor, the victim has 10 years to file a lawsuit from the time he or she turns 18.
In September 2022, Congress passed a law eliminating the statute of limitations for victims of child sexual abuse, but the change did not apply to crimes committed before that date.
Virginia law seeks to eliminate the 10-year statute of limitations for all federal civil lawsuits related to sexual abuse and human trafficking, regardless of when the abuse occurred.
Schumer introduced the legislation on Tuesday, telling Congress: “When the truth about Jeffrey Epstein finally began to come out, when the world finally began to listen to their stories, the law on the books often said, ‘Sorry, it’s too late. The deadline to sue has passed.'”
He said Virginia’s law “will change that because there should be no expiration date on justice for abuse victims.”
The bill would ultimately mean many of Epstein’s alleged victims could file civil lawsuits against Epstein’s estate.
“Virginia’s dream was to inspire and empower survivors to come forward in a world that too often turns a blind eye to abuse and pushes it into the shadows. She wanted to bring light,” Giuffre’s brother Skye Roberts said at a press conference at the Capitol.
The Virginia law also expands victims’ legal options in other ways, including by covering related sex crimes committed outside the United States, where U.S. courts have jurisdiction. For example, if the abuser or victim is a U.S. citizen or if sex trafficking is occurring to or from the United States.
Virginia law applies only to federal cases and does not change the state’s statute of limitations.
“This bill applies only to federal sexual abuse crimes involving the mail or interstate commerce, as defined in 18 U.S.C. § 2421 et seq.,” constitutional lawyer Bruce Fein told Al Jazeera.
This means the bill would target federal sex abuse and human trafficking crimes that fall under the Mann Act, a 1910 federal law, when abuse crosses state lines or takes advantage of the mail, the Internet, or other interstate commerce routes.
“The federal bill does not supersede state law, which generally establishes civil causes of action for sexual abuse, including assault. State law supplements federal law,” Fein said.
How will this bill become law?
The bill must be approved by enough members of the Republican-controlled House and Senate to be signed into law.
The House of Representatives has 219 Republicans and 214 Democrats, with two seats vacant. The Senate has 53 Republicans, 45 Democrats, and two independent senators who caucus with Democrats. As of now, there are no dates scheduled for votes on the Virginia law in either chamber.
The legislation requires a simple majority of members present and voting in both chambers, with 51 votes needed in the Senate and 217 votes in the House. The bill will be sent to the Oval Office and must pass both chambers of Congress before the president signs it into law.
But last year, a successful bipartisan lobbying effort forced the Justice Department to release all unclassified files from the Epstein investigation through the Epstein File Transparency Act.
What is the statute of limitations?
The statute of limitations is the deadline for filing a lawsuit. The Criminal Code establishes the period within which prosecutors must bring charges. The Civil Code stipulates the period within which the victim must file a complaint against the perpetrator.
After this time limit, the defendant cannot be charged or prosecuted, even if there is strong evidence that a crime has been committed.
According to the FBI, statutes of limitations exist to limit the deterioration of evidence, facilitate speedy enforcement of the law, and increase legal certainty.
“Over time, memories fade, witnesses pass away, and documents are generally lost,” Fein said.
There is also a statute of limitations for crimes other than sexual abuse.
In the United States, statutes of limitations for non-federal civil and criminal cases vary by state. In criminal cases, the difference may also depend on whether the sexual abuse is a “felony” or “misdemeanor” and whether the victim is a minor or an adult.
Felonies are serious crimes punishable by more than one year in state or federal prison, while misdemeanors are “less serious” crimes punishable by fines, probation, or less than one year in local jail.
For example, in Alabama, there is no statute of limitations for criminal cases of rape, sexual abuse with violence or threat of violence, or sex crimes against victims under 16 years of age.
Meanwhile, in Arkansas, the criminal statute of limitations is six years for rape and three years for certain sexual assault charges.
States typically have separate statutes of limitations for civil cases, which can be significantly different than criminal cases.
Many states are moving to raise or eliminate statutes of limitations for sexual abuse cases. States such as Iowa, Vermont, California, and Texas have eliminated or significantly extended the statute of limitations for many sex crimes in both criminal and civil cases.
Other states, including Oklahoma, Kansas, Florida and Alabama, have expanded civil litigation windows, often allowing victims to file lawsuits decades after abuse or discovery. Some countries have also extended or eliminated the statute of limitations for certain sexual offenses, especially when there is strong evidence such as DNA.
Virginia law pertains only to federal litigation and does not supersede state law.
What can we expect if the Virginia law passes?
This bill would eliminate civil time limits and allow many survivors who currently have cases pending to file lawsuits. Some lawyers predict that if this happens, there will be a flurry of lawsuits, especially from Epstein’s victims.
In May 2022, Governor Kathy Hochul signed the New York State Adult Survivors Act (ASA), allowing adult survivors of sexual assault to file civil lawsuits regardless of when the abuse occurred. In 2019, New York state created a similar outlet for people who suffered childhood abuse under the Child Victims Act.
The ASA expired in late November 2023. While the law was in effect, more than 3,000 civil lawsuits were filed under it, including author E. Jean Carroll’s successful sexual abuse and defamation lawsuit against President Donald Trump.
In June 2019, Carroll published excerpts from her book in a New York Magazine article in which she claimed that Trump raped her in 1996, although Trump has denied these allegations. In November 2019, Carroll sued Trump for defamation. When the ASA took effect in 2022, she filed suit against Trump for defamation and sexual abuse.
“If this law passes, an unspecified number of women could file civil lawsuits against the men identified in Epstein’s files. [for example] “Prince Andrew is seeking damages,” Mr Fain said.
“The number is unknown because victims are typically reluctant to file lawsuits for the following reasons:” [the] The social stigma attached to women who are perceived as promiscuous. ”
Are some victims prohibited from filing lawsuits in other ways?
The Epstein Victim Compensation Program was a fund established by Epstein’s estate in June 2020 with the approval of a U.S. Virgin Islands court to provide compensation to many women who say they were abused. However, they were required to waive their right to sue Epstein or his estate in exchange for compensation.
Approximately 225 claims were filed with the fund before its mandate ended and it was closed in August 2021. It is unclear whether women who received benefits from the Epstein Victim Compensation Program will be able to benefit from Virginia law.
