Fort Smith, Ark. – A new bill introduced by Arkansas lawmakers is poised to address the needs of over 500 survivors of child sexual abuse who were awarded compensation through the Boy Scouts Bankruptcy Settlement Trust. Senate Bill 13, filed by Sen. David Wallace (R-19) and Rep. Jim Gazaway (R-31), is designed to fill gaps in existing legislation that supports the rights of sexual abuse survivors in the state.
The legislation builds on the Justice for Vulnerable Victims of Sexual Abuse Act, passed in 2021, which removed the statute of limitations for child sexual abuse cases. The act was amended in 2023 to extend the “lookback window,” allowing survivors to pursue legal action regardless of when the abuse occurred, with the window closing on January 31, 2026. This provision is particularly significant, as many survivors do not come forward until adulthood, with data showing that more than half of child sexual abuse victims first report their abuse after the age of 50.
However, SB13 addresses a specific group of victims—those who have already received compensation through the Boy Scouts Bankruptcy Settlement Trust. The bill is closely tied to an ongoing legal battle involving James Nesmith, a convicted child sex offender, who is challenging the constitutionality of the Vulnerable Victims of Sexual Abuse Act. Nesmith is seeking to have the law overturned in an upcoming case before the Arkansas Court of Appeals, scheduled for January 22.
If Nesmith succeeds in his challenge, the settlement funds earmarked for Arkansas victims could be diverted to survivors in other states. The proposed legislation seeks to ensure that these funds remain allocated to Arkansas survivors, regardless of the outcome of Nesmith’s case.
Sen. Wallace, a strong advocate for the bill, emphasized its importance, stating that the Justice for Vulnerable Victims of Sexual Abuse Act is among the most significant pieces of legislation he has worked on. “It makes children in Arkansas safer,” he said. “What can possibly be more important than that? Certainly not the wishes of Mr. Nesmith or other convicted sex offenders here in Arkansas.”
The outcome of the case and the passage of SB13 could have far-reaching implications for survivors of child sexual abuse in Arkansas, securing their right to compensation and justice while reinforcing the state’s commitment to supporting vulnerable victims.