AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE STATUTE OF LIMITATIONS FOR CIVIL CLAIMS BASED ON SEXUAL ABUSE OF A MINOR.
What changed between versions
Removed the $500,000 cap on damages recoverable from the alleged abuser and the separate $500,000 cap on damages recoverable from a legal entity found liable.
Removed the provision excluding the alleged abuser and the employing entity from being treated as joint tortfeasors under the Uniform Contribution Among Tortfeasors Law, which previously limited how liability could be shared between them.
The gross negligence standard for legal entities is retained in subsection (b) but the distinction between pre-2007 abuse (gross negligence required) and post-2007 abuse (ordinary negligence sufficient) that was in SA 3 is not carried forward into the final text.
Removed the evidentiary criteria that allowed a civil cause of action to proceed against a deceased or incompetent abuser based on prima facie evidence such as an admission or contemporaneous records.
Removed formal definitions for 'alleged abuser,' 'person' (including detailed treatment of series entities), 'employed/employee' (including volunteers and independent contractors), and 'sexual abuse.'
Added a WHEREAS preamble reciting the history of the Child Victim's Act of 2007, the Sheehan v. Oblates court decision upholding its constitutionality, and the purpose of giving full access to justice regardless of when the abuse occurred.
The sovereign immunity waiver is retained but simplified: the final text states broadly that 'the State waives sovereign immunity' without the detailed enumeration of charitable organizations, educational institutions, hospitals, and political subdivisions found in SA 3.
Added a provision allowing a person against whom a suit is filed to recover attorneys' fees if the Court independently finds that a false accusation was made with no basis in fact and with malicious intent, noting that a verdict in favor of the accused alone is insufficient.