Text & Commentary

Conn. Gen. Stat. §52-577d:

LIMITATION OF ACTION FOR DAMAGES TO MINOR CAUSED BY SEXUAL ABUSE, EXPLOITATION OR ASSAULT.

Notwithstanding the provisions of section 52-577, no action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by such person later than thirty (30) years from the date such person attains the age of majority (18).

Commentary:

Connecticut victims can bring civil actions for injuries arising from childhood sexual abuse suffered until the day before their 48th birthday.

The question of whether the statute should be applied retroactively was answered in the affirmative by the Connecticut Supreme Court in Roberts v. Caton, 224 Conn. 483, 619 A.2d 844 (1993).

In Giordano v. Giordano, 39 Conn. App. 183 (1995), the appellate court held that the statute does not violate either due process or equal protection. The Giordano court also held that latches is not a valid defense to a claim of sexual abuse brought within the statute of limitations.

Connecticut trial courts are applying the special statute of limitations to non-perpetrators applying the Federal District Court's decision in Almonte v. New York Medical College, 851 F. Supp. 34 (D. Conn. 1994) (Nevas, J.).