Confusion, hopelessness, powerlessness and fear. Young people should never have to experience these emotions, especially at the hands of someone they know and trust. But for survivors of child sex abuse, the experience not only is real, but is too often boxed up, locked up and hushed over a lifetime.

Thanks to the 2024 legislative session, Hawaii is taking an important step toward recognizing the unique challenges facing survivors of sex abuse, helping them on the long road to recovery and justice. At its core, changes to the law recognize the reality that most survivors never report their abuse, and — of those who do have the courage to share their story — the average delay in reporting is 20 years.

Signed into law by Gov. Josh Green earlier this month, Senate Bill 2601 puts the victim front and center. Unlike criminal laws that focus by necessity on punishing perpetrators, civil lawsuits are better able to hold businesses and institutions accountable for failing to protect children in their care. The goal is to make the victim “whole,” and provide monetary damages to assist with paying for therapy, time off work, time to look for work and schooling — all of which are often delayed while a victim regroups and recovers from the trauma inflicted by sexual abuse. The ability for victims to obtain monetary damages can be critically important as victims navigate the long road to recovery.

Under the previous statute, a victim of childhood sexual abuse who delayed disclosure was often time-barred from bringing a civil claim against the perpetrator or entity due to expiration of the statute of limitations. This was very unfortunate news for an individual who may have survived and suppressed the abuse for years. Imagine the disappointment and frustration, topped off with lifelong trauma that was never their fault to begin with.

Under the new law, which is not retroactive, survivors can file a civil lawsuit up to 32 years after their 18th birthday or up to five years after discovering a psychological illness was caused by abuse.

This gives victims time to process, treat and develop their thoughts and voice. More time to take out that locked box, open it and allow a once-powerless child to confront the perpetrator and hold them accountable.

We see more examples of schools and churches being held accountable for sexual abuse committed against children in their care. The number of victims who have emerged to talk about their experiences provides strength and hope to others in similar situations.

In addition to giving strength and power to the survivors of sexual abuse, the change in the law is a wake-up call to entities that they cannot escape responsibility for anyone they hire or any child in their care. The new law makes these entities responsible for implementing policies, procedures and practices to prevent child sexual abuse. The change in the law makes the entity responsible for understanding the science and psychology behind child sexual abuse and forces that entity to change the way victims are treated and disclosures are handled.

Creating an environment that fosters disclosure rather than one that re-victimizes the survivor is now required, and just maybe, this will mark the end of a far-too-common pattern of delayed disclosure.

Victoria Chang is a former prosecutor who now represents child sex abuse survivors at Honolulu-based Galiher DeRobertis & Waxman.