In a high-stakes legal battle, North Carolina’s Supreme Court heard arguments Wednesday on the constitutionality of a 2019 law that allows victims of childhood sexual abuse to file lawsuits, even for incidents that occurred decades ago. The law, which temporarily lifted the statute of limitations for such cases, has drawn challenges from churches, schools, and other institutions. They argue that the law is unfair and unconstitutional, leaving them vulnerable to lawsuits over incidents long past, where evidence may no longer exist.
At the heart of the debate is a provision passed by the North Carolina General Assembly that gave survivors of child sexual abuse a two-year window, in 2020 and 2021, to bring lawsuits against their abusers—regardless of how much time had passed since the abuse occurred. The legislature’s intent was to give victims who had previously been unable to seek justice, due to the state’s standard three-year statute of limitations, a chance to file claims. The law was struck down in 2021, after being ruled unconstitutional by a lower court, before the two-year window expired.
Now, the future of this law lies in the hands of the North Carolina Supreme Court, which must determine whether to allow these claims to proceed. The outcome could impact numerous victims and organizations, ranging from religious institutions to public schools.
Legal Arguments and Concerns Over Due Process
During the court hearing, five cases were presented by various groups, including churches and schools, all arguing against the law. Some of the legal challenges revolved around highly technical issues, such as the precise definition of terms within the law. Other arguments focused on broader concerns, such as fairness and due process.
Opponents of the law argue that it places an unreasonable burden on institutions, forcing them to defend against allegations from decades past—cases in which witnesses may no longer be alive, and evidence may have been lost or destroyed.
Bob King, a lawyer representing the Gaston County Board of Education, raised concerns about records that had been legally destroyed under state law. He suggested that plaintiffs could exploit the lack of available evidence, filing claims so far in the past that institutions would be unable to mount a proper defense.
“We’re going to have a victim come in against a board of education, and testify to some horrible abuse that they claim happened 40 or 50 years ago,” King argued. “And what we’re going to have is nothing. And we are going to have nothing because the State of North Carolina told us to destroy all the documents that we had. That is not due process.”
Victims’ Advocates Push for Justice
On the other side of the debate, advocates for victims of child sexual abuse argue that the law is a necessary corrective to help victims who were previously barred by the statute of limitations. Many survivors, they say, are unable to come forward until much later in life, due to the trauma and psychological scars caused by the abuse.
State Solicitor General Ryan Park, who represented the state in defending the law, emphasized that the special window created by the legislature was intended to give survivors a single opportunity to seek justice, often after years of psychological turmoil.
“A lot of victims of child sexual abuse have a lot of psychological problems coming forward,” Park told the court. “So we’re going to let them have a one-time chance to bring their claims.”
Opposition From Churches and Schools
Among the organizations challenging the law are several major institutions, including the Catholic Church, the United Methodist Church, and the Gaston County Public School System. These groups have been sued for claims dating back decades. Supporting their challenge in court are other influential organizations, including the YMCA and an insurance industry association. For many large organizations, insurance plays a critical role in covering court damages, and they worry that reinstating the law could lead to a flood of lawsuits and increased insurance payouts.
The institutions initially succeeded in overturning the law at trial, where it was ruled unconstitutional. However, the North Carolina Court of Appeals reversed that decision, reinstating the law in a ruling authored by Judge Allison Riggs, a Democrat who has since been elevated to the Supreme Court.
Due to her involvement in the case at the appellate level, Riggs recused herself from the proceedings, leaving the case in the hands of the remaining six justices. This unusual scenario has led to speculation about how the even-numbered court will rule.
Future of the Law Awaits Supreme Court Decision
The North Carolina Supreme Court’s decision is expected to have far-reaching consequences. If the law is upheld, it could reopen the door for victims to pursue claims, even for abuses that happened decades ago. If struck down, it may leave many survivors without legal recourse.
The court’s ruling, which is not expected until sometime in 2025, will be closely watched by legal experts, advocates, and institutions across the state. The decision will also be a key moment in North Carolina’s broader efforts to address the legacy of childhood sexual abuse and provide justice for survivors.
While the ultimate decision rests with the Supreme Court, it’s clear that both sides see this case as having lasting implications for how the state handles cases of child sex abuse in the future.