Statute of Limitations
Child sexual abuse (CSA) is a heinous crime that can have devastating and long-lasting effects on survivors. It is crucial for survivors to have the opportunity to seek justice and hold their perpetrators accountable. However,the legal process surrounding CSA cases can be complex,and one important aspect to consider is the statute of limitations (SOL). In Missouri,the SOL for CSA claims varies depending on the defendant and the circumstances of the case.
I interviewed Missouri sexual abuse attorney Reed Martens,and he made the following statement,”As an attorney specializing in child sexual abuse cases,it’s important for survivors in Missouri to understand the statute of limitations and the potential for tolling theories to extend their legal rights. Consulting with an experienced attorney is crucial for navigating this complex legal landscape.’
In Missouri,the civil SOL for CSA claims is age thirty-one against perpetrators and age twenty-six against other defendants,with a discovery rule in place. Let’s delve deeper into the specifics.
The civil SOL snapshot in Missouri sets an age cap of thirty-one for claims against the perpetrator of the abuse and an age of twenty-six against other defendants. This means that survivors have until they reach their respective ages to file a lawsuit seeking compensation for the harm they endured.
Discovery Rule
In addition to the age cap,Missouri recognizes the discovery rule,which can extend the time limit for filing a lawsuit. The discovery rule acknowledges that survivors of child sexual abuse may repress memories of the abuse and only later recover them. Under the common law discovery rule,the SOL begins when a reasonable person would have been put on notice of the injury and the damages it caused. The statutory discovery rule provides survivors with three years from the date they discovered or reasonably should have discovered that the injury or illness was caused by CSA to file a lawsuit against the perpetrator. However,it’s worth noting that the statutory discovery rule only applies to claims against the perpetrator and not necessarily to other defendants.
Missouri does not have a revival law,meaning there is no window of time during which expired claims can be revived. Once the SOL has expired,survivors may be barred from pursuing legal action.
It’s important to understand that there are certain limitations and restrictions on CSA claims in Missouri. The state itself generally enjoys immunity from CSA claims,and if a survivor wishes to file a claim against the state,it must be done within two years after the claim accrues. Additionally,punitive damages are not recoverable in CSA cases,and other damages are capped at $300,000 for any single occurrence involving one person.
However,there are tolling theories and causes of action that can extend the SOL. Fraudulent concealment,for instance,can toll the SOL for CSA claims if the defendant intentionally conceals the knowledge of a cause of action from the plaintiff. Fiduciary fraud is another theory that can toll the SOL in CSA cases.
History
Looking back at the history of Missouri’s civil SOL for CSA claims,we see that in 1990,the state had a general personal injury SOL of age twenty-six and a specific CSA statute for claims against perpetrators with an SOL of age twenty-three. In 2004,the SOL against perpetrators was extended to age thirty-one,and in 2007,a statute was added to address victims of child pornography,also setting the SOL against perpetrators at age thirty-one.
It’s important for survivors of child sexual abuse in Missouri to be aware of the specific statute of limitations and the discovery rule that may apply to their cases. Consulting with an experienced attorney who specializes in CSA cases is crucial to understanding their legal rights and options.
Conclusion of Statute of Limitations in Missouri
In conclusion,the statute of limitations for child sexual abuse claims in Missouri is a complex and evolving area of law. Survivors should familiarize themselves with the applicable SOL,age caps,and the discovery rule. Seeking legal advice from professionals who can navigate this intricate legal landscape is vital for survivors to pursue justice and obtain the compensation they deserve.