Monday, November 21, 2011

Lawmakers to Cancel the 2010 Sexual Harassment Lawsuit Limitations

Under the 2010 sexual harassment law approved in South Dakota, child victims of sexual harassment are only given a limited period to time to file a lawsuit.

This new law limits the victims at the age of forty to file for a sexual harassment that occurred either few years ago or way back from his or her childhood.

Furthermore, in this law, victims over 40 – years old may only file a sexual harassment lawsuit against the one who committed the crime and not against any institution or member of an institution, if the abuse was done in a workplace, school or workplace.

Actually, approval of this controversial law was only led by a representative of one of the school institutions in South Dakota which, during that time was flooded with sexual harassment lawsuits filed by some of its former students who were allegedly abused by the school teachers in the said school institution many years ago. Therefore, those sexual harassment complainants are already in their 30s and 40s when they finally decided to file for a lawsuit. Their lawsuits were seeking for compensation from the alleged abusers and from the school institution that had ignored the sexual harassment occurred.

Allegedly, said law was applied in order to reduce the school institution’s account to be paid in regards to the lawsuits filed against them.

As an opponent of the controversial sexual harassment limit law, South Dakota legislator Steve Hickey drafted a bill that would cancel the 2010 law and go back to the federal government’s usual sexual harassment law.

According to Hickey, the controversial law entirely overlooks the sexual harassment reality towards children. He also asserts that it takes a lot of time or even years before a child abuse victim has the courage to bring out their emotional stress.

Advocates of the said 2010 law appeals the law also gives sexual harassment victims enough time to file a lawsuit. They also stressed out the law is far less strict than the other federal laws in other states wherein sexual harassment lawsuits arising from childhood incidents can only be filed under the age of thirty of the victim.

So far, the bill has been applied and still waiting for approval. Definitely it would take a little longer before lawmakers decide whether the new applied bill for sexual harassment be approved or denied. It’s a very complicated issue and weighing out its pros con seems so difficult since emotional and psychological aspects of victims are involved on the matter.