H HHR AM #1
House Bill 3516, introduced by Speaker Roger Hanshaw, would drastically shorten the time child sexual abuse survivors have to seek civil damages if the abuser was employed by a public institution covered by state insurance (BRIM).
Instead of the current 18 years after turning 18, the bill would give survivors just 2 years to file a civil lawsuit.
- OUR POSITION: NO
The Family Policy Council opposes this amendment.
Legislative Purpose of the Bill:
Under current law, survivors of childhood sexual abuse in West Virginia have until age 36 (18 years after turning 18) to file a civil lawsuit against their abusers.
House Bill 3516 would have significantly reduced that window — allowing only two years after the survivor turns 18 to file a civil suit against entities covered by BRIM, the Board of Risk and Insurance Management. BRIM provides liability coverage for public institutions like county school boards and municipalities.
Why We Oppose This Bill
The Family Policy Council of West Virginia strongly opposes this bill because it denies justice to victims of childhood sexual abuse. Survivors often take years — even decades — to process their trauma and come forward. This bill protects government institutions from liability at the direct expense of children who have suffered abuse.
If the State of West Virginia is concerned about the cost of lawsuits brought by child sexual abuse survivors who were harmed while under the state’s care, then perhaps Speaker Hanshaw should focus on strengthening protections for children in state-operated facilities—not compounding the harm by denying those children the right to seek justice. The solution to institutional abuse is not to shield the state from accountability, but to ensure it never happens again.
