Bill
S 404
Expands civil remedies for childhood sexual abuse by clarifying eligible claims and delaying filing rules, using licensed mental health reports to mark when discovery begins.
Status: Introduced Feb 5, 2025; referred to committee (CODES).
Primary sponsor: Joan B. Lovely. (Bill text concerns Massachusetts General Laws.)
The bill is intended to expand civil remedies and the statutory timeframes available to people who were sexually abused as children by (1) explicitly recognizing civil actions for sexual abuse of a minor in certain statutory provisions and (2) adjusting tolling and discovery rules so childhood sexual abuse survivors have additional time to bring claims when they only later connect the abuse to harms they suffered.
Section 1 — Amends chapter 231, section 85V: inserts a new clause adding “a civil action for sexual abuse of a minor, as that term is defined in section 4C½ of chapter 260,” into the enumerated clauses (appears to broaden or clarify which actions are covered in that statutory context).
Section 2 — Amends chapter 231, section 85W: inserts the same language (or similar) after the word “automobile,” so civil actions for sexual abuse of a minor are explicitly included in that provision.
Section 3 — Amends chapter 258, §10(j): adds a new paragraph making clear that claims by or on behalf of persons who allege they were sexually abused as children (as defined in chapter 260, §4C) are covered by the listed tolling/exception provisions.
Section 4 — Amends chapter 258C, §2: adds subsection (b1) defining “good cause” for delayed filing by childhood sexual abuse survivors to include a report from a licensed mental health professional stating (a) the claimant did not at the time make the connection between the abuse and the harm, and (b) that failure was consistent with typical responses of childhood sexual abuse victims.
Section 5 — Amends chapter 258C, §5(a): adds subsection (1A) providing that, for childhood sexual abuse claimants, the three-year filing period begins when the claimant first makes the connection between the abuse and the harm. A licensed mental health professional’s report identifying the date of that connection and opining the delay was typical shall be prima facie evidence in proceedings.
This bill focuses narrowly on statutory recognition and the discovery/tolling rules for civil actions by survivors of childhood sexual abuse, using licensed mental health evaluations to establish delayed discovery and to trigger the commencement of the filing period.
Compiled from official sources — confirm details with the bill’s official record.
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