The Michigan Supreme Court issued a significant ruling on Wednesday regarding the statute of limitations for claims of childhood sexual abuse, clarifying that a 2018 law extending the limitations period is not retroactive, except in cases involving abuse by Larry Nassar.
Brian McLain, who sued the Lansing Diocese and others in 2021, argued that his mental health treatment in recent years helped him connect his long-standing anxiety disorder to abuse he suffered as a minor in 1999. He contended that the 2018 law, which extended the statute of limitations to a person’s 28th birthday or three years after connecting the abuse to injury, should apply to his case.
However, the Supreme Court ruled against McLain. Justice Megan Cavanagh, in the majority opinion, emphasized that the 2018 law does not retroactively revive claims based on past acts of sexual abuse. The Court determined McLain’s lawsuit untimely because it pertained to abuse nearly 30 years ago.
The ruling specifies that the 2018 law applies only to claims of sexual abuse occurring after its enactment, with the exception of cases involving Larry Nassar, where retroactive application is allowed.
In response to the decision, Attorney Ven Johnson, representing McLain, expressed disappointment, calling for legislative action to amend the statute to explicitly apply retroactively. Johnson highlighted McLain’s efforts over the past four years to fight for expanded rights for survivors of childhood sexual abuse.
“This is the first state supreme court ruling of its kind in the country,” Johnson stated. “We are very proud of our client, Brian McLain, for having the strength to fight for these rights for nearly four years.”
Johnson urged the Michigan Legislature to rectify the outcome by revising the statute to include retroactive application, ensuring justice for survivors of childhood sexual abuse predating June 12, 2018.