Amending RCW 4.16.340 - Stop Protecting Abusers - "Rosie's Law"

 *DRAFT*

XX (HOUSE/SENATE/SUBSTITUTE) BILL XXXX

Stop Protecting Abusers Act

(Rosie's Law)

AN ACT Relating to crimes of sexual assault; amending RCW 4.16.340; and adding a new section

to chapter XX RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.

Sec. 1.

(1) The Washington legislature again recognizes that every child should experience emotional

and physical development that is free from abuse and neglect, and to be fully able to seek

civil and criminal legal remedies in the interest of justice; and

(2) The legislature commends the States of Vermont, New York, New Jersey, California, and

Pennsylvania for courageous actions to protect the victims of child sexual abuse and to stop

protecting abusers; and

(3) Whereas the legislature has found that "a statute of limitations should not prohibit

prosecution for these heinous offenses when there is adequate evidence", and has stated,

"extending or eliminating the statute of limitations in these cases is imperative to provide

access to justice for victims, hold perpetrators accountable, and enhance community

protection."; and

(4) Whereas April 23, 2019, the legislature found that, among other offenses, the following

offenses may be prosecuted at any time after their commission: Rape of a child in the first

degree (RCW 9A.44.073); 31(x) Rape of a child in the second degree (RCW 9A.44.076);

32(xi) Rape of a child in the third degree (RCW 9A.44.079); and

(5) Whereas the legislature has not amended RCW 4.16.340, (Actions based on childhood

sexual abuse), and therefore has not provide a proper avenue for civil remedy for victims of

child sexual abuse survivors, further denying justice for the victims, and protecting any

abuser;

(6) RCW 4.16.340 and XXXX c X s X are now each amended to read as follows:

RCW 4.16.340 Actions based on childhood sexual abuse.

(1) All claims or causes of action based on intentional conduct brought by any person for recovery

of damages for injury suffered as a result of childhood sexual abuse shall be commenced within the

later of the following periods:

(a) Within three years of the act alleged to have caused the injury or condition;

(b) Within three years of the time the victim discovered or reasonably should have discovered that

the injury or condition was caused by said act; or

(c) Within three years of the time the victim discovered that the act caused the injury for which the

claim is brought: PROVIDED, That the time limit for commencement of an action under this section is tolled for a child until the child reaches the age of eighteen years. may be commenced at any time

 after the act alleged to have caused the injury or condition.

(2) The victim need not establish which act in a series of continuing sexual abuse or

exploitation incidents caused the injury complained of, but may compute the date of

discovery from the date of discovery of the last act by the same perpetrator which is part of a

common scheme or plan of sexual abuse or exploitation.

(3) The knowledge of a custodial parent or guardian shall not be imputed to a person under the

age of eighteen years.

(4) For purposes of this section, "child" means a person under the age of eighteen years.

(5) As used in this section, "childhood sexual abuse" means any act committed by the defendant

against a complainant who was less than eighteen years of age at the time of the act and

which act would have been a violation of chapter 9A.44 RCW or RCW 9.68A.040 or prior

laws of similar effect at the time the act was committed.

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