North Carolina Law & Justice Building, home to the NC Supreme Courtin Raleigh. Credit: Google'Lookback Window' Law for Child Abuse Cases Constitutional, State High Court Finds
"A plaintiff's underlying claim exists regardless of any procedural time bars the General Assembly prescribes for bringing it. The running of the statute of limitations blocks the plaintiff from suing. It does not relieve the defendant of liability, nor does it create or alter property belonging to the defendant," said North Carolina Supreme Court Chief Justice Paul Newby.
February 03, 2025 at 03:34 PM
6 minute read
In cases challenging a law that extended the statute of limitations for victims of child sex abuse, the North Carolina Supreme Court unanimously upheld the SAFE Child Act's lookback window as constitutional. However, the court also declined to revive cases that were dismissed as time-barred before the law was passed.
In a series of separate but related cases, the North Carolina Supreme Court on Friday found that a 2019 law could revive a child sexual abuse case captioned McKinney v. Goins, which was filed by a group of high school wrestlers at East Gaston High School over allegations against their coach beginning nearly two decades ago. In a companion case captioned Cohane v. The Home Missioners of America, the court similarly held that the "revival provision," which was in effect from Jan. 1, 2020, until Dec. 31, 2021, permitted abuse claims from the 1970s and 1980s to proceed against the Roman Catholic Diocese of Charlotte, North Carolina, Glenmary Home Missioners, and a clergyman, Al Behm.
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