TITLE 10

Courts and Judicial Procedure

Special Proceedings

CHAPTER 76. CIVIL SEXUAL ABUSE LIABILITY REPORT


The purpose of this chapter is to ensure that the public is informed about persons found liable of sexual abuse in this State.

76 Del. Laws, c. 414, § 1.;

Civil Sexual Abuse Liability Report ("the Report") shall mean a report that each court shall post in a public place in the court house and on the court's web site. The Report shall list all persons found liable for sexual abuse in that court. The Report shall be entitled "Civil Sexual Abuse Report". The list shall include the name and address of defendant and the offense or cause for which the defendant was found liable and shall be updated within 1 week when a defendant is found eligible or when a defendant has been relieved from eligibility pursuant to §§ 7603 and 7604, respectively, of this title. A defendant found eligible must keep the court apprised of that defendant's current address.

76 Del. Laws, c. 414, § 1; 70 Del. Laws, c. 186, § 1.;

If a civil complaint is filed alleging sexual abuse and if a verdict of liability is returned by a jury or judge, then the plaintiff or victim of the sexual abuse or that plaintiff's or victim's representative may petition the court to place the defendant on the Civil Sexual Abuse Report. To establish eligibility, the court must determine whether the civil offense for which a verdict of liability was rendered has similar elements to an offense that would require registration pursuant to subchapter III of Chapter 41 of Title 11.

76 Del. Laws, c. 414, § 1; 70 Del. Laws, c. 186, § 1.;

A defendant may petition the court for relief, to be removed from the Report, after 5 years. Such relief may be granted upon a showing of good cause. Such petition shall be notice to all parties of the original suit.

76 Del. Laws, c. 414, § 1.;