Legislation led by Sen. Hertel would make Michigan safer for all potential victims of sexual assault and child sex abuse
LANSING, Mich. (April 23, 2025) — Fighting to give survivors of sexual assault greater access to the criminal justice system, a group of Senate Democrats, led by Sen. Kevin Hertel (D-St. Clair Shores), reintroduced the “Justice for Survivors” package today. Building on the Legislature’s work last session to give survivors greater power to seek criminal prosecution, Senate Bills 257–261 would fix Michigan’s broken statute of limitations for civil claims and repeal immunity for educational institutions that conceal systemic abuse.
In recent years, Michigan has made national headlines as Michigan State University’s Larry Nassar was accused of sexually assaulting more than 150 young women, and victims of the University of Michigan’s late physician, Robert Anderson, reached a $490 million settlement with the school. Investigations conducted by the Michigan Attorney General’s Office into abuse perpetrated by members of the Catholic Church and Boy Scouts of America have also shone a light on the pervasive issue of sexual assault and the existing legal loopholes that both abusers and institutions exploit to avoid accountability.
“This legislation is about restoring what should never have been lost — a survivor’s right to be heard and to seek justice,” said Sen. Hertel. “For too long, our system has failed survivors while protecting abusers and the institutions that shield them. These bills are a crucial step toward breaking that cycle and breaking down the barriers that have silenced survivors’ voices and denied them accountability. It’s time for the Legislature to act on these bills and ensure every survivor has a path to justice and healing.”
Despite the prevalence and high-profile cases that have plagued the state, Michigan has the narrowest revival window in the nation and some of the weakest statutes of limitations for criminal sexual conduct that fail survivors and shield abusers. Currently, in Michigan, survivors of child sex abuse only have until their 28th birthday, or three years after realizing they are a victim of criminal sexual conduct, to bring a civil suit. This is long before the average age of disclosure, which falls well into adulthood.
Senate Bills 257-259, introduced by Sens. Kevin Hertel, Sam Singh (D-East Lansing), and Mallory McMorrow (D-Royal Oak), seek to address the issue and better support victims by:
-
Extending the civil statute of limitations for criminal sexual conduct 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 the longest amount of time;
-
Opening a one-year revival window for anyone whose claims have already expired in civil court, enabling any Michigander who previously was denied the opportunity to seek justice to now file a civil claim;
-
Eliminating the civil statute of limitations for a survivor to recover damages if there was a criminal case that resulted in a conviction; and
-
Exempting certain claims for compensation from the statutes of limitations for cases filed against the state.
“It can take a survivor of sexual assault years — even a lifetime —to come forward with their story of abuse, but current state law sets a limited timeframe in which they can seek justice against their abuser. This shields those who commit the abuse rather than support and protect the survivors,” said Sen. McMorrow. “I’m proud to cosponsor this long-overdue legislation, which would enhance accountability for our public institutions while enabling survivors of sexual assault to access the justice they deserve.”
Extending the time period survivors have to take civil action gives them more time to fully recall traumatic events or overcome fear of retribution, ensuring more Michiganders have access to the justice system. The legislation also allows survivors to collect up to $1.5 million per occurrence of assault in damages — shifting the cost burden from victims and taxpayers to the perpetrator.
Additionally, as evident in Larry Nassar’s decades-long abuse, which was shielded by Michigan State University, institutions have a responsibility to intervene, and when they fail to do so must be held accountable. At the moment, however, universities and K-12 schools are provided with immunity from civil suits involving criminal sexual conduct. Senate Bills 260 and 261, introduced by Sens. Jeff Irwin (D-Ann Arbor) and Veronica Klinefelt (D-Eastpointe), would eliminate this immunity if an educational institution or its employees know or should have known that an individual had committed a prior act of abuse and failed to prevent another.
“Large institutions will no longer have immunity against civil suits when they fail to protect victims of sexual abuse,” said Sen. Irwin. “This legislation is about accountability and giving victims power when institutions fail to protect them.”
“Schools and universities are entrusted to provide safe, nurturing environments where students can learn, explore, and grow. That trust must never be taken lightly,” said Sen. Klinefelt. “When sexual abuse occurs in these spaces, these institutions have a responsibility to act immediately and transparently to address the issue — not attempt to brush it under the rug. This legislation closes existing loopholes to ensure that large institutions can no longer shield abusers but are required to allow survivors to come forward and seek justice.”
Following their introduction, Senate Bills 257-261 were referred to the Senate Committee on Civil Rights, Judiciary, and Public Safety for their consideration.
###