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Legislation led by Sen. Hertel would make Michigan safer for all potential victims of sexual assault and child sex abuse

LANSING, Mich. (May 20, 2025) — Fighting to give survivors of sexual assault greater access to the criminal justice system, the Michigan Senate passed the “Justice for Survivors” package today. Spearheaded in the Senate by Sen. Kevin Hertel (D-St. Clair Shores), Senate Bills 257261 would fix Michigan’s broken statute of limitations for civil claims and repeal immunity for educational institutions that conceal systemic abuse.

“For too long, survivors of sexual assault have been denied their day in court, silenced by arbitrary deadlines and a system that failed to hear them. No more,” said Sen. Hertel. “At their core, these bills are about justice, accountability, and finally giving survivors the voice they deserve. With this legislation, we are shattering that silence and making it clear: Michigan will no longer be a place where assault is ignored and abusers get to walk free to continue their cycle of harm.”

In recent years, Michigan has made national headlines with high-profile sexual abuse cases — ranging from Michigan State University’s Larry Nassar to the University of Michigan’s $490 million settlement involving Robert Anderson, as well as Attorney General investigations into abuse within the Catholic Church and the Boy Scouts of America. These cases have exposed the pervasiveness of sexual assault as well as the legal loopholes that abusers and institutions exploit to escape accountability. Despite this alarming reality, Michigan has the narrowest revival window in the nation and some of the most restrictive statutes of limitations for seeking damages for criminal sexual conduct that fail survivors and shield abusers.

“Michigan’s criminal justice system must be reformed to prioritize protecting survivors of sexual assault, not shielding abusers,” said Sen. Mallory McMorrow (D-Royal Oak). “With the passage of this legislation out of the Senate, we’re one step closer to securing the access to justice that survivors deserve.”

Senate Bills 257-259, introduced by Sens. Hertel, McMorrow, and Sam Singh (D-East Lansing), 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.

“Many of our state’s largest institutions have long been in need of reforms to better support victims of abuse,” said Sen. Singh. “The restrictions within the current statute of limitations law aid in fostering environments that keep victims silent, and abusers in positions of power. This bill package makes it clear that we support lifting the voices of survivors, and that we are committed to further reforming our criminal justice system to work better for victims and their families.”

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 to the perpetrator and those who cover up the crime.

“This legislation removes the immunity large institutions have against civil suits when they fail to protect victims of sexual abuse,” said Sen. Jeff Irwin (D-Ann Arbor). “It’s about empowering survivors of sexual assault to speak their truth and pursue the justice that they deserve.”

Documented abuse at many of Michigan’s universities highlights the responsibility that these institutions have to intervene — and the need for accountability when they don’t. Currently, universities and K-12 schools are immune from civil suits involving criminal sexual conduct. Senate Bills 260 and 261, introduced by Sens. Irwin and Veronica Klinefelt (D-Eastpointe), would eliminate this immunity when an institution or its employees knew of or should have known about prior abuse and failed to act.

“Powerful institutions have shielded perpetrators while abuse happened under their watch and have hidden behind legal immunity when survivors came forward,” said Sen. Klinefelt. “We’re ending that with this legislation and are restoring trust, delivering justice, and making sure survivors’ voices are not easily swept under the rug.”

These bills now head to the Michigan House for their consideration.

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