Legislation led by Sen. Hertel would make Michigan safer for all potential victims of sexual assault and child sex abuse
LANSING, Mich. (Dec. 13, 2024) — Today, the Michigan Senate passed the “Justice for Survivors” package to give survivors of sexual assault greater access to the criminal justice system. Spearheaded in the upper chamber by Sen. Kevin Hertel (D-St. Clair Shores), Senate Bills 1187–1192 would fix Michigan’s broken statute of limitations for criminal and civil sexual abuse cases, so that they may achieve justice through the legal process.
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.
“At their core, these bills are about justice and accountability. They’re about opening up a pathway to justice and healing for survivors, while holding abusers and the institutions that enable them accountable for their despicable actions,” said Sen. Hertel. “For too long, these qualities have been absent from our legal system, silencing victims’ voices while helping to cover up cases of abuse. This legislation is a critical step toward correcting those injustices to empower survivors to speak their truth with confidence that our justice system will hear them, see them, and take action.”
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 at 52 years old.
Senate Bills 1187-1189, introduced by Sens. Mallory McMorrow (D-Royal Oak), Kristen McDonald Rivet (D-Bay City), and Hertel seek to address the issue and better support victims by:
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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 52nd birthday, whichever is the longest amount of time;
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Opening a one-year revival window for anyone whose criminal claims have already expired in civil court, enabling any Michigander to bring forward a civil sexual assault claim from any point in their lives; and
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Eliminating the civil statute of limitations in cases where there was a criminal conviction.
“Short statutes of limitations far too often keep survivors of sexual abuse from pursuing the justice they deserve — and it’s our responsibility to ensure that our state’s criminal justice system works for survivors, not perpetrators,” said Sen. McMorrow. “I’m proud to have championed this bill that extends the time period for victims of sexual assault to take legal action, giving survivors a better opportunity for justice to be served.”
“Sexual abuse and its trauma often take years for victims to process especially when it occurs at a young age. No survivor should be deprived of justice simply because of the passage of time,” said Sen. McDonald Rivet. “My bill, and the others in this package, will empower survivors to pursue 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.
On the criminal side of the justice system, survivors in Michigan have 15 years or up until their 28th birthday, whichever one comes first, to take legal action. To ensure that abusers are held accountable for their crimes and unable to keep perpetrating violence against our most vulnerable Michiganders, Senate Bill 1190, sponsored by Sen. Dayna Polehanki (D-Livonia), seeks to extend the criminal statute of limitations for second- and third-degree sexual conduct against a minor to their 42nd birthday.
“Ensuring the protection of our state’s youth is nonnegotiable. But current Michigan law, which significantly limits an adolescent crime victim’s timeframe to pursue legal action against their sexual abuser, does not work to protect Michigan children — it works to protect the most heinous kind of predator,” said Sen. Polehanki. “My legislation to extend the criminal statute of limitations for minor victims of sexual abuse is commonsense, just policy that ensures our laws are built to support survivors, not perpetrators.”
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 1191 and 1192, introduced by Sens. Jeff Irwin (D-Ann Arbor) and Sam Singh (D-Lansing), would eliminate this immunity if an educational institution or its employees had knowledge 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.”
Senate Bills 1187-1192 now head to the Michigan House for their consideration.