There is a reckoning in Washington and across the nation over the power of large institutions — and the ways in which they have too often protected themselves at the expense of the vulnerable. For decades, entities such as churches, schools, foster care systems, and juvenile justice institutions have shielded abusers, silenced survivors, and evaded legal and reputational accountability.
True healing for survivors of childhood sexual abuse begins only when their voices are heard in court and justice is served. Lawmakers now bear the responsibility to ensure those voices are not silenced once again — this time by legislation that would unintentionally cut off their access to justice.
Even before survivors reach the courtroom, many encounter a child protection framework burdened by procedural inconsistency and unrealistic evidentiary thresholds. At the Child Protective Services level, determinations too often hinge on subjective interpretations rather than clear, workable standards. This lack of uniformity not only delays protection for children in genuine danger but also erodes confidence in the system’s fairness.
Strengthening evidentiary guidelines and oversight mechanisms would ensure that investigations are both rigorous and rational — protecting children without creating barriers to justice for survivors.
For those survivors who do pursue justice, the path forward remains daunting. Litigation against well-funded institutions is complex, expensive, and requires significant resources to confront the legal firepower of those entities. For survivors and their attorneys, the road to accountability is long — often measured in years. Yet when those cases succeed, survivors can move forward in freedom, and the institutions responsible face long-overdue accountability.
That lifeline is now under threat.
Pending legislation introduced by Senator Thom Tillis (R-NC) and Representative Kevin Hern (R-OK) seeks to restrict litigation funding across the board. The bill’s intent — to curb predatory practices in mass torts and increase transparency — is understandable. But in its current form, it would also choke off funding essential to survivors of child sexual abuse. Without a specific exemption, this bill would make it virtually impossible for many survivors to pursue justice against the powerful institutions that failed them.
Survivors often wait years, even decades, before disclosing their abuse — paralyzed by shame, fear, and trauma. When they finally come forward, they face institutions armed with teams of lawyers and deep financial resources. Litigation funding levels the playing field, allowing survivors to fight for themselves rather than being silenced by poverty or exhaustion.
Accountability through litigation delivers not only justice but reform. When institutions face economic consequences, they change. They strengthen policies, train staff, and adopt real safeguards to prevent future abuse. Remove that accountability, and the incentive to change disappears.
I do not believe Senator Tillis or Representative Hern intend to harm survivors. But the consequences of this bill, without a clear exemption for child sexual abuse cases, would do precisely that. Working with Senate leadership and champions for victims, such as Senator John Cornyn (R-TX), Congress can fix this — ensuring that efforts to bring transparency to litigation funding do not come at the expense of justice for children.
As lawmakers set their priorities for the coming months, they face a choice: to protect institutions from financial exposure or to protect survivors seeking justice. The lessons of the past are clear — when survivors are silenced, abuse continues.
By creating a specific exemption for child sexual abuse cases, Congress can reaffirm its commitment to protecting children, supporting survivors, and holding powerful institutions accountable.
Francisco Raul “Quico” Canseco, R-Texas, is a former member of Congress.
