Missouri state Rep. Brian Seitz already has filed three bills this year pertaining to legislation in child sexual abuse cases. The proposed legislation aims to make it easier for survivors of child sexual abuse to seek justice for the crimes committed against them in the state.
Missouri has been at the center of a campaign for legal reforms in light of well-publicized cases at Kanakuk Kamps and other faith-based organizations.
Brian Sietz
HB-709, filed Jan. 2, proposes: “A nondisclosure agreement by any party to any child sexual abuse claim shall not be judicially enforceable in a dispute involving any CSA claims.”
If voted into law, the bill would prevent the misuse of nondisclosure agreements against abuse survivors who later wish to seek civil claims regarding the crimes committed against them. NDAs have posed issues for Missouri abuse survivors before. Notably, this has been an ongoing issue for survivors who experienced abuse at Kanakuk (based in Branson) and signed NDAs as part of their settlements with camp leadership.
The success of HB-709 would give voice to survivors previously unable to tell their stories in court.
HB-883, filed Jan. 14, would modify provisions on civil actions for child sexual abuse by eliminating the statute of limitations, which currently dictates that civil action must be brought against a defendant within 10 years of the survivor’s 21st birthday, or just three years after the date of reasonable discovery of the crime.
This extension of the statute of limitations acknowledges the lengthy time it takes for most victims to come forward about their experiences, for various social, psychological, legal and spiritual reasons. Psychologists call this “delayed disclosure” and have found most survivors do not disclose their experiences until age 52, and disclosure delay is often longer for male survivors than for female survivors.
This bill would allow abuse survivors the developmentally appropriate time to process and come to terms with their trauma before choosing when they are ready to file a civil action against their perpetrator or perpetrating institution, advocates say.
HJR-58, also filed Jan. 14, proposes a constitutional amendment to be considered by Missouri voters. The amendment would allow ex post facto laws to be enacted “if such law involved child sexual abuse claims.”
An ex post facto law is a “criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed.” Currently, Missouri’s Constitution prohibits the use of these laws, preventing defendants from being punished unexpectedly and thus offering them some legal protection. However, Seitz’s proposal would make an exception for perpetrators of child sexual abuse and allow survivors to file claims against their perpetrators or perpetrating institutions based on updated legal precedents.
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