Governor Mike Rounds of South Dakota is all that stands between justice for victims of sexual crimes and the creation of a state haven for pedophiles in the “Mount Rushmore State”.
An article in the Argus Leader explains how misguided lawmakers want to limit the ability of victims of sexual crimes to seek justice. The article, Lawmakers want to limit sex abuse lawsuits, explains that South Dakota House Bill 1104, the brainchild of Chamberlain lawyer Steven Smith (605-734-5581), was sponsored by
three Republican lawmakers in the state.
The text of the bill is as follows:
State of South Dakota
EIGHTY-FIFTH SESSION
LEGISLATIVE ASSEMBLY, 2010
682R0391
HOUSE JUDICIARY ENGROSSED NO. HB 1104 –
2/10/2010
Introduced by: Representatives Deadrick and Juhnke and Senator Garnos
FOR AN ACT ENTITLED, An Act to limit the source of recovery 1 in certain civil actions for
childhood sexual abuse injuries.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-10-25 be amended to read as follows:
26-10-25. Any civil action based on intentional conduct brought by any person for recovery
of damages for injury suffered as a result of childhood sexual abuse shall be commenced within
three years of the act alleged to have caused the injury or condition, or three years of the time
the victim discovered or reasonably should have discovered that the injury or condition was
caused by the act, whichever period expires later. However, no person who has reached the age
of thirty-five years may recover damages from any person or entity other than the person who
perpetrated the actual act of sexual abuse.
The limitation of the right to seek a civil action in the state by any victim of sexual crimes is a win for the pedophiles, rapists and deviants that prey on children and vulnerable adults as well as the institutions or organizations that protect and sometimes hide these monsters from criminal prosecution. This legislation further victimizes those who have already been criminally violated by predators. One must wonder why these three lawmakers would try to pass legislation that is intentional punitive to victims. I would suspect that they are being well compensated by organizations with known problems with pedophile lawsuits. Or perhaps they are just naturally sympathetic to pedophiles and rapists. These are obviously the kinds of people who should not be in a position of authority.
If you want the governor to veto this bill, send him an email! You can also contact the Legislative Research Council and tell them you are not pleased with this bill. Do not wait, it does not matter if you are a resident of a state other than South Dakota. Make your voice heard.
If you are a resident of South Dakota, understand one of the unintended consequences of this potential law will be the influx of pedophiles and other sexual criminals into the safe haven within your state borders. Let your Governor know you are opposed to this bill, NOW!
Related South Dakota news stories:
KELOLAND.com
ArgusLeader.com
Off My Knees - A Blog by Michael Baumann 
This law is absolutely horrible. It was sponsered by a S. Dakota Congressman who was the former attorney representing St. Joseph Misson School, a Catholic School that was found to be liable for the child hood sexual abuse of Native American children who had attended that school as chidren and who won settlements for the abuse they suffered there. He now comes forward as a Congressman and ramrodded this legislation right through both houses and to Govenor’s office where it was signed into effect on 3/23/10. It is obvious to me that the congressmen responsible for passing this bill are in the pocket of the Catholic Diocese, or devoted to the Catholic Church. How misguided could they be? Childhood Sexual Abuse Claims are about holding the pedophle abuser(s) accountable for their actions; living or dead, by holding their institutions liable for the actions of their subordinant priests, brothers, and volunteers who are under their supervision. I can only hope that there is some way of overturning this law, before it further damages the victims’ of childhood sexual abuse right to obtain justice in S. Dakota.