Articles Tagged with statute of limitations

In 2018, Michigan signed Public Acts 180 and 181 into law, providing victims of sexual assault more time to file both civil claims and criminal complaints. The legislation was spearheaded by a group of sexual assault survivors led by Rachael Denhollander. Denhollander is the first woman to come forward with allegations against gymnastics doctor Larry Nassar. Nassar assaulted numerous gymnasts under the guise of providing medical treatment and is currently serving a 175-year sentence in a Florida federal prison.

Under the new laws, the statute of limitations for sexual assault cases was extended. The former law required a lawsuit to be filed within three years of the assault. This was amended to allow suit any time before the survivor of sexual assault turns 28-years old. Under the new provision, the perpetrator need not be convicted of criminal conduct in order to be sued.

The law also opened a 90-day window for suit against perpetrators of sexual assault by an individual who was convicted of criminal sexual conduct, and who admitted to either (1) being a physician in a position of authority over the victim and using that authority for coercion; or (2)  engaging in purported medical treatment that is considered unethical. The 90-day window applied to assaults occurring after December 31, 1996. This provision is apparently tailored to permit lawsuits against Nassar, as both the time constraints and specific elements coincide with the facts of his case.