A Not so Retro Problem: Extending Statutes of Limitations to Hold Institutions Responsible for Child Sexual Abuse Accountable under State Constitutions

This Comment argues that state constitutions should permit retroactive extensions of statutes of limitations in child sexual abuse cases. Surveying state constitutional approaches and the federal rule established in Campbell v. Holt and Chase Securities Corp. v. Donaldson, the Comment contends that statutes of limitations create procedural remedies rather than vested rights and therefore should not bar legislatures from reviving time-barred claims. It concludes that allowing revival of child sexual abuse claims promotes accountability for both perpetrators and institutions, provides survivors with meaningful access to justice, and strengthens deterrence against institutional misconduct.[This abstract was written by Microsoft Copilot, a generative artificial intelligence.]

Authors

Publication Details

Published
2026-09-28
DOI
https://doi.org/10.31219/osf.io/ksbu8_v1
Primary Topic
Legal Systems and Judicial Processes
Type
preprint
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A Not so Retro Problem: Extending Statutes of Limitations to Hold Institutions Responsible for Child Sexual Abuse Accountable under State Constitutions

Timothy J. Muyano
Legal Systems and Judicial Processes
preprint

A Not so Retro Problem: Extending Statutes of Limitations to Hold Institutions Responsible for Child Sexual Abuse Accountable under State Constitutions

Timothy J. Muyano
preprint en

Abstract

This Comment argues that state constitutions should permit retroactive extensions of statutes of limitations in child sexual abuse cases. Surveying state constitutional approaches and the federal rule established in Campbell v. Holt and Chase Securities Corp. v. Donaldson, the Comment contends that statutes of limitations create procedural remedies rather than vested rights and therefore should not bar legislatures from reviving time-barred claims. It concludes that allowing revival of child sexual abuse claims promotes accountability for both perpetrators and institutions, provides survivors with meaningful access to justice, and strengthens deterrence against institutional misconduct.[This abstract was written by Microsoft Copilot, a generative artificial intelligence.]

Vol. 63(6)
Gender equality
Legal Systems and Judicial Processes
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