North Carolina Appeals Court Upholds Extension for Child Sexual Abuse Claims

In a recent decision, a North Carolina appeals court has deemed a portion of the state law, granting adults with child sexual abuse claims an extended timeframe to pursue civil damages, to be constitutional. This decision by the divided panel of Court of Appeals judges has reversed a prior ruling by trial judges, who had declared in late 2021 that the General Assembly lacked the authority to revive such claims once the statute of limitations had expired.

The case centers on three former student-athletes from Gaston County, who are pursuing legal action against both a coach convicted of crimes against team members and the county school board. These individuals were part of the East Gaston High School wrestling team during the mid-1990s and early 2000s.

Before the enactment of the SAFE Child Act in 2019, child abuse victims had until the age of 21 to file such lawsuits. However, the law stipulated that suits could still be filed in 2020 and 2021 if the victim was 21 or older. The split decision rendered on Tuesday suggests that the state Supreme Court may ultimately have the final say in this matter.

This ruling could have far-reaching implications for schools, churches, and other organizations facing civil litigation related to child abuse, as well as the numerous plaintiffs who have filed similar suits.

The trial judge panel had initially dismissed the lawsuit, asserting that the revived statute of limitations violated due process provisions outlined in the North Carolina Constitution. They contended that a defense based on these limitations was constitutionally protected.

However, Court of Appeals Judge Allison Riggs, who authored the prevailing opinion, disagreed. She argued that the Gaston County Board of Education failed to prove beyond a reasonable doubt that the state constitution explicitly prohibited the revival of statute of limitations. She also maintained that the two-year window provided by the law was constitutionally sound.

In agreement with Riggs' decision, Court of Appeals Judge Fred Gore supported the reversal.

In the dissenting opinion, Judge Jeff Carpenter contended that the majority was overturning the outcomes of several binding legal cases from the Court of Appeals, along with a crucial 1933 state Supreme Court decision. Carpenter believed that reviving the statute of limitations infringed upon vested rights.

While recognizing the abhorrence of child sexual abuse, Carpenter emphasized the importance of adhering to appellate court precedents for the sake of stability and predictability within the justice system.

Gary Scott Goins, the former wrestling coach at East Gaston, who was convicted of 17 sex-related crimes in 2014, did not submit a legal brief for this appeal.

The SAFE Act, which received unanimous approval from the Republican-controlled legislature and was signed into law by Democratic Governor Roy Cooper, played a pivotal role in this case.

The state intervened in the lawsuit, with lawyers under Attorney General Josh Stein defending the law. Stein expressed satisfaction with Tuesday's decision, highlighting the significance of holding abusers accountable in helping survivors of child abuse process their trauma and recover.

The appeals court's decision comes after more than a year since the state Supreme Court directed the case to bypass intermediate-level appeals and be heard directly by the justices. In March, a newly constituted Supreme Court, with a majority of registered Republicans, decided that the Court of Appeals should first rule on the case.