Why Kentucky must reform laws to protect survivors of child sexual abuse | Opinion
Child sexual abuse leaves a devastating and lasting impact on survivors, yet Kentucky’s outdated statutes of limitations continue to deny them the justice and accountability they deserve.
Studies and survivor advocates tell us that the average age for a survivor to disclose their abuse is in their 50s. A study found that 44.9% of male and 25.4% of female child sex abuse victims delayed disclosure by more than 20 years,” advocacy group Child USA wrote in a brief to the Kentucky Supreme Court. This translates to a harsh reality: more victims first disclose their abuse between ages 50 and 70 than any other age. Yet, Kentucky’s current laws fail to account for this reality, leaving countless survivors without recourse. These survivors are not just statistics—they are individuals grappling with trauma, often in silence, for decades. By the time they are ready to confront their abuser, the law may no longer allow them to seek accountability.
The Kentucky Supreme Court’s recent interpretation of changes to the statute of limitations further underscores the need for reform. Last year, I argued a case before the Court involving legislative amendments designed to expand survivors’ ability to seek justice. Unfortunately, the Court ruled that these changes could not be applied retroactively, effectively shutting the door on many survivors who had hoped for their day in court. It was a heartbreaking decision for those who had finally found the courage to come forward.
Child sexual abuse is a pervasive issue in Kentucky, which ranks among the worst states for such abuse. Survivors often face lifelong challenges, including the need for psychological treatment, counseling, and medication. Without the ability to pursue civil litigation against those responsible for child sexual abuse, the financial burden of addressing the long-term effects of abuse—such as therapy, medical treatment, counseling, and other support services—often shifts to taxpayers and public resources instead of being borne by the perpetrators or the institutions that enabled the abuse. The civil justice system not only provides compensation but also serves as a powerful tool for uncovering the truth and preventing future abuse.
Civil litigation plays a crucial role in combating child sexual abuse by not only holding perpetrators and enabling institutions accountable but also driving systemic reforms to prevent future abuse. High-profile lawsuits have forced organizations, including schools, churches, and youth organizations, to implement stronger safeguards such as mandatory reporting, more rigorous background checks, and policies like two-deep leadership, which ensures no adult is ever alone with a child.
For example, I represented seven former youths who were abused by LMPD officers in the Explorer program. We faced significant hurdles, including the statute of limitations and the Boy Scouts of America’s bankruptcy. While we were able to secure a settlement for the survivors in this case, we must not close the door on seeking justice for child sexual abuse survivors.
These legal cases have exposed patterns of negligence and abuse, compelling institutions to prioritize child safety and transparency. Without the pressure and scrutiny of civil litigation, many of these critical changes would not have occurred, leaving more children vulnerable to harm. By empowering survivors to seek justice, civil lawsuits have proven to be an essential tool in both exposing abuse and preventing its recurrence. However, for this vital mechanism to function, legislative reforms are needed to ensure survivors have the time and legal ability to bring these cases forward, holding wrongdoers accountable and protecting future generations.
Jenna Quinn and Erin Merryn, both survivors of child sexual abuse, have championed legislation to equip children with the tools to identify abuse and speak out. Their efforts have led to the passage of Erin’s Law in 38 states, including Ohio, which requires age-appropriate prevention education in K-12 schools. Yet, Kentucky has failed to pass this critical legislation after nearly a decade of attempts. The reasons cited—concerns about curriculum content and funding—pale in comparison to the cost of continued inaction.
Similarly, bills like House Bill 36, which would prohibit confidentiality agreements in settlements involving child sexual abuse and prevent accused abusers from quietly moving to new school districts, are crucial. These measures ensure transparency and protect future potential victims. Yet, last session, this bill “ran out of time,” leaving survivors and advocates frustrated and disheartened.
The time for change is now. Extending the statute of limitations for child sexual abuse cases is not just a legal issue—it is a moral imperative. Survivors deserve the opportunity to seek justice on their own timeline, not one dictated by arbitrary deadlines. Kentucky must follow the lead of other states that have prioritized the rights and well-being of survivors over procedural technicalities.
As a community, we have a responsibility to protect our most vulnerable and to provide pathways to healing and justice for those who have been harmed. By extending the statute of limitations and passing comprehensive child protection laws, we can take meaningful steps toward a safer and more just Kentucky.
Tad Thomas is the Managing Partner of Thomas Law Offices in Kentucky. He represents child sexual abuse survivors in cases against family members, teachers, coaches, and others.