LANSING, Mich. (Michigan News Source) – The Michigan Senate passed key legislation yesterday that would give sexual assault survivors more time to file civil lawsuits. 

The “Justice for Survivors” package, comprised of Senate Bills 257-261, seeks to extend the period survivors have to recall sexual assault experiences and file civil cases against their abusers. This legislation would also allow survivors to collect up to $1.5 million per occurrence of assault in damages.

MORE NEWS: Second Democrat Throws Hat in Ring for Michigan SOS Race

“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, in a press release. “It’s about empowering survivors of sexual assault to speak their truth and pursue the justice that they deserve.”

The first stack of bills in the package, Senate Bills 257-259, spearheaded by Michigan Senators Kevin Hertel (D-St. Clair Shores); Mallory McMorrow (D-Royal Oak); and, Sam Singh (D-East Lansing) would:

  • Give survivors more time to sue in civil court;
  • Allow people whose time to file a lawsuit has already run out to file within a one-year revival window;
  • Remove the time limit to sue for money if the abuser was criminally convicted; and,
  • Let some survivors sue the state even if the deadline to do so has already passed.

“Many of our state’s largest institutions have long been in need of reforms to better support victims of abuse,” Singh said. “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.”

The second part of the package, Senate Bills 260 and 261, introduced by Sens. Irwin, and Veronica Klinefelt (D-Eastpointe), address the problem of immunity. According to the press release, universities and K-12 schools in Michigan are currently immune from civil suits involving criminal sexual conduct.

Senate Bills 260 and 261, however, would eliminate this immunity when an institution or its employees knew of or should have known about prior abuse and failed to act, according to the press release.

At yesterday’s news briefing, Michigan House Speaker Matt Hall (R-Richland Township) said that House Democrats failed to pass similar legislation last session despite a Democratic trifecta.

MORE NEWS: Michigan Dept. of AG Warns That Your Chocolate Bars, Cones and Gummies Might Be Tripping

“I mean I would guess there aren’t the votes in the Democrats to do it in the House,” Hall said at the briefing. “I don’t know, there must be a reason.”

Hall expressed concerns of increasing the time survivors have to file civil cases.

“I haven’t looked at it, but I think the idea of extending statutes of limitations for decades, or whatever it is — I don’t know how long, that creates a lot of questions, a lot of legal problems,” Hall said. “We’ll look at it. I haven’t seen it, but you didn’t see the Democrats move it when they were there, so it must have a lot of problems. But, we’ll see.”