NC Supreme Court Upholds ‘Look Back’ Window of SAFE Child Act
On Jan. 31, the North Carolina Supreme Court upheld the state’s 2019 SAFE Child Act as constitutional.
The constitutionality of the law’s “look back” window had been challenged by the Gaston County Board of Education.
The look back period is a two-year window allowing child abuse survivors, who would otherwise be barred by the statute of limitations, a chance to sue in civil court. The look back window ended on Dec. 31, 2021.
In its opinion, penned by Chief Justice Paul Newby, the court said there is no “constitutionally protected vested right” in the running of a tort claim’s statute of limitations that prohibits the legislature from reviving the otherwise time-barred claim.
The court added, “We take no position on defendant’s policy arguments about the general wisdom of retroactive legislation. Those concerns are best addressed to the General Assembly.”
“By upholding the SAFE Child Act’s lookback window today, the North Carolina Supreme Court acknowledged what we know to be true: it can take years for people to process the trauma of childhood abuse and victims should have the opportunity to hold their abusers accountable in court,” North Carolina Attorney General Jeff Jackson said in a press statement. He said the ruling is “a continued charge to the rest of us to do everything we can to keep our children safe.”
North Carolina Governor Josh Stein, who was attorney general when the law was drafted, expressed his support for the Supreme Court’s decision, saying, “I am pleased that the courts upheld this crucial part of the SAFE Child Act so that abusers who commit these heinous acts can be held accountable for their actions. People who were abused as children will have the opportunity to face their abusers and seek justice.”
The court’s decision means that cases filed by other child sexual abuse survivors, like Stuart Griffin, during the look back window will continue.
Griffin filed suit in June 2020 against his abuser, David Lee Wood, and two institutions he claims enabled Wood’s abuse in the 1990s — Christ Covenant Presbyterian Church and Charlotte Christian School.
Wood was convicted of “indecent liberties with a child” and sentenced to 36 months of probation. He was also required to register as a sex offender for 10 years.
Griffin didn’t sue the church or school within the original statute of limitations — three years following his 18th birthday. However, Kevin DeYoung became the pastor of Christ Covenant in 2018. He held a congregational meeting in January 2019 to inform the church of Wood’s abuse.
Griffin told MinistryWatch he believes DeYoung minimized “the institution’s role in what happened to me. Kevin also minimized the inaction of the church when my mother originally reported what happened.”
It was after that congregational meeting that Griffin sought legal counsel to see if he had any recourse to “hold the church responsible for what [he] believed was clearly their negligence.”
Now, according to his attorney, Bobby Jenkins, Griffin’s case can move forward.
“The North Carolina Supreme Court’s decision is a wonderful victory for all those, like Stuart, who deserve the opportunity to seek justice and accountability from their perpetrators and those who enabled them,” Jenkins told MinistryWatch.
This article has been republished with permission from Ministry Watch.
Kim Roberts is a freelance writer who holds a Juris Doctorate with honors from Baylor University and an undergraduate degree in government from Angelo State University. She has three young adult children who were home schooled and is happily married to her husband of 28 years.