No More Victims Alliance has launched a new advocacy campaign called “Against the Clock” in response to the stalling of two statute of limitations reform bills in Missouri as part of its national effort to expand abuse survivor access to justice.
Currently, Missouri law blocks survivors of childhood sexual abuse in the state from pursuing civil claims past the age of 26 against a liable institution.
Against the Clock aims to raise awareness of how outdated statute-of-limitation laws deny survivors a path to justice, barring them from the courts before they are ready to come forward. Mamy survivors don’t even know they’re on a deadline dependent on the ZIP Code in which they were abused. In Missouri, these arbitrary deadlines create a clear and urgent barrier to truth and justice.
The campaign urges Missourians to call on their lawmakers to pass SJR-93 and/or its companion bill, HJR-130, before the end of session May 15.
Passage would put a vote on the ballot asking Missourians if they would like to amend the state’s Constitution to allow retrospective statute of limitation reform to be made into law, specifically in contexts regarding sexual abuse. This would give Missouri voters the opportunity to decide whether the Legislature should have the authority to address this issue and open a path to justice for survivors.
Right now, both bills are stalled.
More than 30 states already have enacted similar laws, often called “lookback windows,” allowing previously barred civil claims to be evaluated based on evidence and established legal standards. Missouri is currently unable to enact similar reforms due to constitutional limits on retroactive civil laws.
On May 15, the Missouri legislative session will conclude. If the bill is not calendared and voted on by then, it will die.
The campaign urges immediate action on legislation to give voters a say in whether the state can fix these gaps.
Elizabeth Carlock Phillips
In an interview with BNG, co-founder of No More Victims Alliance Elizabeth Carlock Phillips said the two leaders who need to hear this plea most are President Pro Tempore Cindy O’Laughlin and Senate Majority Leader Tony Luetkemeyer. These are the leaders with power to calendar and carry out a vote.
One problem, Phillips said, is that most voters don’t understand the confusing legal process SJR-93 and HJR-130 are facing.
“When we’re talking about a constitutional amendment, there’s a lot of jargon and a lot of legalities. The goal of Against the Clock is to help break this down for the public, and for Missourians in particular, while we have these joint resolutions filed. Help them understand why it’s important to get this on the ballot: So they can vote and have a voice in what their legislature is able to address moving forward.”
Current law in Missouri says survivors of child sexual abuse may file civil claims against their direct perpetrators until the survivor reaches age 31, but only until age 26 for liable institutions. A competing bill, HB-1664, aims to increase the statute of limitations regarding litigation with direct perpetrators, and has been endorsed by O’Laughlin, who is refusing to calendar a vote for SJR-93.
Phillips believes the changes HB-1664 proposes would not be enough.
“When suing a direct perpetrator in civil court, how do you collect on that? There have been $20 million judgments against Pete Newman, but he’s not making money in prison. That doesn’t do anything for survivors who need legal remedies that serve their healing and can cover the cost of treatment or loss of income,” explained Phillips.
Essentially, survivors have a better chance of benefitting from the litigation when liable institutions are required to deliver damages. They’re often the only parties who can.
Phillips and other survivors have traveled to Jefferson City, Mo., every year since 2021 to lobby for changes. Still, legislators are hesitant to amend the Constitution, despite the fact it has been amended nearly 130 times.
For survivors whose statute-of-limitations clock has run out, this makes it difficult to get justice.
“I’m so grateful for survivors who have been showing up to Jefferson City with me since 2021 and here we are with still no remedy,” she said. “Until we resolve the retroactivity issue through a constitutional amendment and a vote of the people, we’re just talking in circles. Five years is long enough. We want these legislators to know they’re on the clock. Are they going to get reelected if they continue to defend perpetrators?”
Opposing lobbyists say retroactive reform shouldn’t be allowed because it would hurt businesses in Missouri that could be found liable for past abuse.
“Even the Chamber of Commerce has opposed this, saying that opening the door to future lawsuits in Missouri would put all these businesses under. I think if we really digest that statement, if that’s true, Missouri has a much bigger pedophile problem than we realized,” Phillips said.
“The Chamber of Commerce and the insurance lobbyists and tort reform lobbyists— which is big, big money — come forward and we’re just survivors and advocates up against those machines. The power disparity is glaring and it’s ugly. It needs to change and survivors need to be heard.”
Related articles:
Statute of limitations reform stalled in Missouri
Missouri legislators seek to eliminate statute of limitations in child sexual abuse