The Negative Impact of Statutes of Limitations on Civil Rights Violations:

According to the American Civil Liberties Union (2022), statutes of limitations are laws that set a time limit within which legal action must be taken. They are intended to ensure that legal claims are pursued in a timely manner and promote justice. However, when it comes to civil rights violations, statutes of limitations can have a negative impact on victims and perpetuate systemic discrimination. This article will explore the negative impact of statutes of limitations on civil rights violations, including the denial of justice for victims and the perpetuation of systemic discrimination.

Victims of civil rights violations, such as police brutality, employment discrimination, and sexual harassment, may experience significant barriers to justice due to statutes of limitations. For example, victims of police brutality may be unable to sue for damages or hold officers accountable if they are barred by a statute of limitations (Schafer, 2022). Similarly, victims of employment discrimination may be unable to bring legal action if they fail to do so within the allotted time frame (Schmitt, 2023). These statutes can effectively deny justice for victims and perpetuate systemic discrimination by allowing perpetrators to escape accountability for their actions.

In addition to the denial of justice, statutes of limitations can also perpetuate systemic discrimination. Research has shown that civil rights violations are more likely to be perpetrated against certain marginalized groups, such as women, people of color, and LGBTQ+ individuals (American Bar Association, 2022). Statutes of limitations can effectively perpetuate this discrimination by making it more difficult for members of these groups to pursue legal action for violations. For example, victims of sexual harassment may be less likely to come forward and pursue legal action if they know they only have a limited amount of time to do so (Diamant, 2022). This can further marginalize these groups and perpetuate systemic discrimination by allowing perpetrators to continue their actions with impunity.

Some states have taken steps to address these issues by either extending or eliminating statutes of limitations for civil rights violations. For example, New York recently passed the Adult Survivors Act, which extends the statute of limitations for survivors of childhood sexual abuse to bring legal action until they are 55 years old (Governor of the State of New York, 2021). This law allows survivors to pursue justice for abuse they suffered as children and holds perpetrators accountable for their actions. Other states have eliminated statutes of limitations for certain civil rights violations, such as employment discrimination (National Conference of State Legislatures, 2022). These steps can help to ensure that victims of civil rights violations have a fair chance at pursuing justice and can help to address systemic discrimination.

However, not all states have taken steps to address the negative impact of statutes of limitations on civil rights violations. In fact, some states have even taken steps to further restrict victims’ ability to pursue legal action. For example, in 2021, Texas passed a law that limits the time frame for sexual harassment claims to be filed to six months after the incident (Texas Legislature Online, 2021). This law effectively denies justice for victims of sexual harassment and perpetuates systemic discrimination by making it more difficult for victims to hold perpetrators accountable for their actions.

In conclusion, statutes of limitations can have a negative impact on civil rights violations by denying justice for victims and perpetuating systemic discrimination. While some states have taken steps to address these issues, others have not. It is important for lawmakers and advocates to continue working towards eliminating or extending statutes of limitations for civil rights violations in order to ensure that victims have a fair chance at pursuing justice and to address systemic discrimination.

References:

American Bar Association. (2022). Civil rights. https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/civil-rights/

American Civil Liberties Union. (2022). The fight for civil liberties in 2022. https://www.aclu.org/news/civil-liberties/the-fight-for-civil-liberties-in-2022/

Diamant, A. (2022). Why statutes of limitations are the legal shield of predators. Medium. https://medium.com/@diamantwhy/statutes-of-limitations-are-the-legal-shield-of-predators-36b22577e0c7

Governor of the State of New York. (2021). Governor Cuomo signs legislation extending the statute of limitations to bring sexual harassment claims to 55 years old. https://www.governor.ny.gov/news/governor-cuomo-signs-legislation-extending-statute-limitations-bring-sexual-harassment-claims

National Conference of State Legislatures. (2022). Statutes of limitations for civil actions. https://www.ncsl.org/research/civil-and-criminal-justice/statutes-of-limitations-for-civil-actions.aspx

Schafer, B. (2022). It’s time to eliminate the statute of limitations for police brutality. Forbes. https://www.forbes.com/sites/brianschafer/2022/01/24/its-time-to-eliminate-the-statute-of-limitations-for-police-brutality/?sh=3c7a8f0b3c46

Schmitt, K. (2023). Unfair statutes of limitations in employment discrimination. The New York Times. https://www.nytimes.com/2023/02/13/business/statutes-of-limitations-employment-discrimination.html

Texas Legislature Online. (2021). S.B. No. 22. https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=Sb22

U.S. Equal Employment Opportunity Commission. (2022). Filing a charge of discrimination. https://www.eeoc.gov/filing-charge-discrimination