Lt. Gov. Tregenza A. Roach, serving as acting governor, signed into law this week a bill eliminating the statute of limitations for victims of childhood sexual abuse to file civil lawsuits. The bill, which passed the Senate in regular session on Nov. 20, is meant to be a step forward in providing survivors with broader access to justice, according to senators.
The newly signed law amends Title 5, Chapter 3, Sections 31 and 36 of the Virgin Islands Code. Previously, victims of childhood sexual or physical abuse had a limited window—two years after discovering the abuse—to bring civil claims. Under the new law, survivors can now file civil lawsuits at any time, regardless of how long ago the abuse occurred or when it was discovered. The change also applies retroactively, allowing previously barred cases to proceed.
Speaking to The Source Tuesday night, Roach explained, “The bill only addresses civil actions. It basically provides that there is no limitation and that those suits can be brought at any time. Similarly, there is no statute of limitations with regard to the criminal law and such offenses.”
With this in mind, Roach urged the Legislature in his transmittal letter to Senate President Novelle Francis to revisit aspects of the bill to ensure clarity and effective implementation. He recommended limiting retroactivity to 10 years from the date of enactment to address potential due process concerns. Roach also suggested refining the language to specify who can bring actions—such as the victim or their guardian—and to define key terms like abuse, exploitation, enablers, and abettors.
The bill’s signing comes amid heightened scrutiny of the V.I. Education Department following allegations that school administrators failed to report abuse by former Charlotte Amalie High School track coach Bruce Smith. Smith, who worked at the school from 2006 to 2021, was sentenced in April to 35 years in prison for federal and territorial child sexual exploitation offenses.
Two principals and an assistant principal have reportedly been placed on paid leave pending the outcome of a special investigation spearheaded internally by Education in partnership with the V.I. Justice Department.
A September 2024 report by the Praed Foundation, commissioned by the Virgin Islands Human Services Department, detailed systemic failures in reporting child abuse within the Virgin Islands public school system. It noted barriers such as fears of retaliation, confidentiality concerns, and a lack of training among educators. The report specifically cited Smith as a central figure in these failings, highlighting that his abuse of multiple male students often occurred on school grounds and during school-sponsored events.
In the wake of Smith’s conviction, public officials and community members have demanded accountability for those who may have enabled his actions through inaction. Sen. Marise James, the bill’s primary sponsor, detailed her frustration in a letter to Attorney General Gordon C. Rhea and U.S. Attorney Delia Smith that called for legal action against school administrators who were allegedly aware of the abuse but failed to report it.
Rhea acknowledged the challenges of prosecuting school officials under existing laws but has publicly indicated plans for a renewed investigation into possible administrative consequences for those involved.
