DOVER, Del. - Delaware lawmakers are considering legislation that would eliminate the statute of limitations for lawsuits involving child sex abuse, allowing survivors to file claims regardless of how much time has passed.
House Bill 75 would permit victims to bring civil actions at any time after the alleged abuse occurred, removing existing legal deadlines that can prevent cases from moving forward. The proposal would also apply retroactively, meaning individuals whose cases were previously barred under earlier statutes of limitations could now pursue legal action.
Under the bill, courts would be prohibited from dismissing claims solely because they fall outside a former statute of limitations. The measure would also expand who can be held liable, allowing lawsuits not only against alleged abusers, but also against institutions, organizations, and government entities that may have had a duty of care. In doing so, the legislation includes a waiver of the state’s sovereign immunity in these cases, opening the door for civil claims against Delaware itself.
The proposal builds on Delaware’s earlier efforts to address child sexual abuse claims. In 2007, the state enacted the Child Victim’s Act, which created a two-year window allowing previously time-barred cases to be filed. Lawmakers behind the current bill argue that window did not account for the reality that many survivors do not report abuse until years later. According to findings included in the legislation, the average time before disclosure is approximately 20 years, and in some cases longer.
A fiscal analysis of House Bill 75 indicates the potential financial impact on the state is unclear, but could be significant. Because the bill would allow claims against state agencies, settlements or court-awarded damages could reach into the hundreds of thousands or millions of dollars per case, based on similar cases nationwide. The analysis notes that costs would likely be paid through the state’s self-insurance fund, and the number of potential claims remains unknown.
State officials also note that additional legal services and potential insurance coverage decisions may be required if the legislation is enacted..
If passed and signed into law, the bill would take effect immediately. First introduced in March of 2025, HB 75 was reported out of the Delaware State Senate Judiciary Committee on March 25, 2026, and now awaits consideration from the Senate.