Rep. Tim Dukes Makes the Tough Call to Strike HB 75 and Re-Introduce it Next Year.

July 10, 2026

In the interest of honoring the original intent of his bill removing the statue of limitations in child sexual abuse lawsuits, Tim makes the tough call to strike the legislation and re-introduce it next year.

In the early morning hours of July 1st, during one of the last legislative actions before the 153rd General Assembly adjourned, Tim made the tough call to strike a bill that he has spent years working on with national and local advocates against child abuse.

He vowed to re-introduce the bill for a third time when the new General Assembly convenes in January.

Rep. Dukes and Senator Nicole Poore sponsored House Bill 75 that would have allowed survivors of child sexual abuse, who had previously been barred from filing a lawsuit against their abusers by virtue of the expiration of the former civil statute of limitations, to seek damages. Under the measure, those impacted would be permitted to file claims in Superior Court at any time.

The legislation revisits a Delaware law enacted in 2007, which removed the statute of limitations on child sexual abuse legal claims going forward, while also allowing a two-year window for lawsuits to be filed retroactively.

Tim first filed a similar bill in 2024, and again in 2025 he sponsored HB 75, after being contacted by a constituent who claimed they had been sexually abused as a child but was unable to seek civil damages against the abuser because of missing that two-year period for filing a claim.

According to the legislation: "While all victims of childhood sexual abuse were covered by the Child Victim’s Act of 2007, many were too young to avail themselves of the opportunity to sue their abusers during the two year 'window' provided by the Act," further stating that "most victims do not acknowledge or understand their abuse and its consequences until well into adulthood, long after the statute of limitations has expired on their claims."

The House passed HB 75 in June 2025 and it wasn't until one year later - at approximately 5:30 a.m. on July 1st - that the Senate considered the legislation, adding an amendment that would have essentially gutted the original intent of the legislation by limiting the damages that victims could recover and removing the state from any liability under the measure.

In an interview with the Bay to Bay State News publication late last week, Tim explained why he made the tough decision to strike the bill.

Here is an excerpt from that July 3rd news article:

In an interview with the Daily State News on Friday, (Rep.) Dukes said, in his opinion, the amendment “actually made it harder for the victim to prove their case” and “easier for the perpetrator” to get away with abuse.

After consulting with the team that helped him draft HB 75 — such as former state Sen. Karen Peterson, who sponsored the Child Victims Act in 2007, and Patty Dailey Lewis, the CEO of the Beau Biden Foundation for the Protection of Children — Dukes said they agreed “we would be better off to not have a bill than have one this egregious.”

He added that he feels the amendment was not just unfriendly but “hostile.”

“It’s a slap in the face to every victim of sexual violence in our state,” Dukes said. After striking the bill, the representative received a standing ovation from his entire chamber, he continued. He hopes to introduce a similar version to the next General Assembly in January 2027 and “get this thing through no matter how long it takes.”