The North Carolina Supreme Court recently heard oral arguments regarding challenges to a provision in a state law allowing adult victims of child sexual abuse two extra years to seek civil damages. Five cases were brought before the court, all stemming from changes made in the 2019 SAFE Child Act, extending the filing period for victims from age 21 to age 28.

One of the main points of contention in the cases was a section of the law that allowed victims whose original time limit to sue had lapsed to file lawsuits for child sex abuse damages between January 2020 and December 2021. Advocates of this provision argue it provides victims with an opportunity to hold perpetrators and enabling institutions accountable.

The Gaston County Board of Education was involved in one of the lawsuits, challenging the constitutionality of the lookback period. The board argued that the provision violated fundamental rights protected from retroactive changes by the legislature. On the other side, attorneys for the former students and the state defended the two-year window, emphasizing the importance of giving victims a chance to seek justice.

The cases also brought up concerns about the practical implications of upholding the window, with one lawyer expressing that it could hinder institutions from mounting strong defenses due to the passage of time and lost records. Despite debates over the constitutionality and effectiveness of the provision, no decision has been reached by the court.

The court also heard arguments in a separate case involving allegations of sexual abuse by a Catholic layperson in the 1980s. The lawsuit seeks damages from the Roman Catholic Diocese of Charlotte and the Glenmary Home Missioners. Initially, claims against the Catholic groups were dismissed, but the Court of Appeals later overturned that decision, adding to the complexities of child sex abuse cases and the liabilities of institutions involved.