ST. CROIX — A bill removing the two-year statute of limitations for civil claims related to childhood sexual abuse to allow survivors to seek legal action and monetary relief regardless of the time elapsed since the abuse occurred has been signed into law by Acting Governor Tregenza Roach.
“Although the current law already allows for criminal prosecution of sexual abusers without time limitation, I applaud the Legislature for recognizing the need to expand the statute of limitations for related civil actions,” Roach, who is serving as acting governor this week because Governor Albert Bryan Jr. is in Washington, D.C., wrote in his transmittal letter to Senate President Novelle Francis Jr.
The acting governor, however, requested that the Legislature revisit the measure to clarify “problematic areas.” He noted the retroactivity of the measure would likely present due process challenges, so he recommended a reasonable period of retroactivity be established, such as 10 years from the date of enactment. He noted the scope of the measure should be refined to clarify that actions may be brought not by “any person” but by the victim or guardian on behalf of the victim. He suggested the measure should also clearly define abuse and exploitation, as well as clarify the meaning of enablers, aiders, and abettors to foster unambiguous implementation.
Senator Marise James, the bill’s sponsor, said she decided to move forward with her bill when she saw the statute of limitations prevented survivors of childhood sexual abuse from filing civil claims following the conviction in District Court of Alfredo Bruce Smith.
Smith, a former Charlotte Amalie High School track and field coach and hall monitor who admitted to sexually abusing 12 boys throughout the 15 years he worked at the school, was sentenced by Chief Judge Robert Molloy in April to 35 years in prison after pleading guilty to all 20 counts against him in an indictment, including rape and production of child pornography.
READ MORE: “Alfredo Bruce Smith gets 35 years in prison for raping boys, VIDE tight-lipped on investigation”
James said she heard from the mother of a student who survived Smith’s abuse. She said the woman’s son was experiencing trauma, but the family could not seek relief.
“With Bruce Smith, the Department of Education needs to be held liable for what happened,” she said.
During Smith’s sentencing, the prosecution said the mother of a 16-year-old track athlete who was molested by Smith during a trip to Puerto Rico with the track team in 2019 complained to “Principal Edwards,” and nothing happened. The CAHS principal at the time was Alcede Edwards.
James said her bill, like similar legislation in other jurisdictions, applies retroactively even if the sexual abuse occurred prior to the effective date of the legislation.
“This allows those young boys who are now young adults to file an action right now against all the enablers and all the people who are responsible,” she said. “You can’t help adults now by saying that the bill applies prospectively going forward. It has to apply retroactively because they’re now adults.”
Although she was motivated to draft her bill following Smith’s conviction, James clarified the measure amends the law for all survivors of childhood sexual assault.
“It’s for any action out there that can be filed by anyone who has experienced trauma and injury by, whether it’s family, friends, teachers, coaches, workers, employees, I don’t care who it is,” she said. “If you harm a child, you should pay for taking care of that child when that child files an action and needs to be provided closure. This is about closure too.”
While the federal investigation into Smith has closed, the Virgin Islands Department of Justice is conducting its own investigation.
“The Department of Justice has been conducting, through its Special Investigation Division, a thorough investigation of the Bruce Smith sexual abuse matter,” Attorney General Gordon Rhea said last week.
The AG said the DOJ is specifically looking into whether any other school officials were involved or had knowledge of the abuse and condoned it in any way. Although Rhea could not disclose what had been found, he said the investigation has been proceeding in detail.
“I expect it to reach a conclusion sometime in the near future,” Rhea said.
James said her bill follows a trend set by multiple states that removed the statute of limitations for child sexual abuse civil claims.
In addition to state legislatures, the federal government in 2022 eliminated time constraints for survivors to file civil claims related to sexual abuse crimes against minors. No federal statute of limitations was in place for criminal claims regarding child sexual abuse.
Many children wait to report or never report child sexual abuse, so the statistics likely underestimate the true impact of the serious public health problem, according to the Centers for Disease Control and Prevention. Although estimates vary across studies, the research shows at least one in four girls and one in 20 boys in the United States experience child sexual abuse, and about 90% of the crimes are perpetrated by someone known and trusted by the child or child’s family members.
Although the Virgin Islands Code does not restrict criminal prosecution for sexual offenses by applying a statute of limitations, the same flexibility does not extend to civil cases involving sexual abuse. Survivors of childhood sexual abuse only have two years after turning 18 to file claims. James’ bill removed that statute of limitations now that it is law.
“This allows them to pursue legal action against their abusers, the enablers, or any associated institutions,” she said.
While convicted abusers charged criminally by the government can be sentenced to prison, James pointed out civil sexual abuse claims allow survivors to seek monetary relief.
“I think everybody should know that civil claims are claims that are filed for money, and money, in this case, would help them get the counseling, the therapy that they need so that they can go forward in their adult lives,” James said. “It will always be with them, but at least they will be able to afford to seek therapy and get the counseling they need without going into their own pockets.”
