The recent vote for the release of the Epstein files offered something rare in today's political climate: a bipartisan moment of clarity. For once, lawmakers from both parties stood together to shine a light on abuse that powerful institutions hid for decades and elevated the voices of victims who had been ignored, dismissed, or silenced.
That unity was meaningful, but as encouraging as it was, the reality is that the problem extends far beyond one man or one set of documents.
Across the country, a painful and lingering stain remains for victims of childhood sexual abuse that occurred in institutions we were taught to trust. Survivors include those abused by members of the clergy, students at public and private schools, student athletes betrayed by colleges and universities, and children harmed within the foster care and juvenile justice system.
Though each of their stories differs, the pattern is heartbreakingly similar, where vulnerable children were left unprotected, and institutions became more focused on preserving their own reputation than safeguarding children.
We often do not understand the full scale of abuse or the systems built to hide it until survivors step forward through civil lawsuits, often taking decades, if survivors decide to even come forward in the first place. Civil litigation provides one of the only mechanisms that forces open the curtain and compels institutions to produce records, answer questions, and face accountability. This process gives the public a clearer picture of how this abuse occurred, how to prevent abuse from happening again, and exposes perpetrators still in the community.
However, none of this happens automatically, and right now, that ability is at risk.
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Legislation introduced by Sen. Thom Tillis (R-NC) and Rep. Kevin Hern (OK-1) aims to curb frivolous lawsuits, a noble goal at face value, but the unintended consequences could be devastating for survivors of childhood sexual abuse. By imposing sweeping regulations on litigation funding, this bill would make it significantly harder for survivors to bring forward their claims.
Survivors, many of whom have carried the silent weight of trauma for decades, need legal teams capable of taking on powerful institutions with vast resources. Litigation funding can be a lifeline in these cases because, without exemptions, there will be less funding available for law firms litigating cases for victims of childhood sexual abuse. Having an exemption levels the playing field in a system where the other side often has unlimited money and teams of high-priced attorneys.
In practice, these cases would face new barriers at the very moment when the nation is finally beginning to acknowledge the depth of this crisis.
For many survivors of childhood sexual abuse, justice is not an abstract concept but rather an opportunity to speak about the truth, to hold an institution accountable, and to receive the resources that allow them to begin the healing process and rebuilding of their lives. These cases are not mass torts or sprawling class actions. They are individual pleas for justice, one survivor at a time.
Because of this, any litigation funding reform must include a clear exemption for cases involving victims of childhood sexual abuse. An exemption for the most vulnerable among us is a safeguard rather than a loophole and something every lawmaker, regardless of party, should support.
Sen. Tillis and Rep. Hern have shown they care about shining light on abuse. My hope is that they will now ensure their legislation does not inadvertently dim that light for survivors who need it most.
Madison Gesiotto Gilbert is a licensed attorney and former Miss USA competitor, served as a spokesperson for the Republican National Committee and the Co-Chair of Women for Trump. In 2022, she was the Republican nominee for Congress in Ohio's 13th District, where she lives with her husband, two children, and their dogs Phoenix and Montana.
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