Bill gives abuse victims longer to sue abusers, employers

BOISE – Victims of child sexual abuse in Idaho will have more time to sue their abusers under a bill the House passed Monday.

Despite concern that the legislation would expose employers to undue liability for workers’ abusive acts, lawmakers voted 60-7 for House Bill 125, which gives victims five years to sue after they discover abuse that has caused long-term health effects. Victims currently have until age 23.

Many victims are not able to come to terms with abuse until “well into their adult years,” necessitating more time for them to seek damages, said sponsor Rep. Mack Shirley, R-Rexburg.

The bill allows victims to sue abusers’ employers if they have shown “gross negligence” in hiring or training practices or have covered up a worker’s abusive behavior, said Rep. James Ruchti, D-Pocatello, an attorney who practices employment-related law. That standard protects businesses, he said.

“It’s a very high burden, and I think an appropriate burden,” he said.

“You would have to show that the employer has done something independently wrong,” and not just that their employee is a perpetrator.

“We have been so careful to make sure that employers are protected from undue liability,” Ruchti said. “Please do not consider this to be some type of boondoggle piece of legislation for attorneys.”

Yet several legislators expressed concern that the bill makes companies vulnerable to frivolous or unfounded lawsuits.

“Are we going to bring all the employers in Idaho under this cause for action?” asked Rep. Dell Raybould, R-Rexburg.

Opponent Rep. Lenore Barrett, R-Challis, said lawmakers needed a “reality check.”

“No. 1, we are a litigious society,” she said. “And if we can’t win the lottery, what’s the second best? Bring a lawsuit, especially if there’s money involved.”

Idaho law provides legal fees for subjects of frivolous lawsuits, said Rep. Lynn Luker, R-Boise, a lawyer.

Rep. Margaret Henbest, D-Boise, a nurse practitioner, said she examines children who are victims of sexual abuse and the legislation is “based on history,” not hypothetical situations.

“The reality check here is that it happens,” she said. “The reason this bill is before us is because we have not only knowledge that people abuse children, but we have knowledge that people repeatedly abuse children.”

Rep. Dick Harwood, R-St. Maries, was the only Panhandle lawmaker who opposed the bill.