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Summary: Suits must be filed
within 3 years of attaining "full age" (21), or within 3 years of the discovery of childhood sexual abuse. The
Arkansas discovery scheme is a "realization statute," meaning that 3-year period
starts to run when the victim discovers that the injury or
condition is attributable to the childhood sexual abuse. "Child" means minor under
age of 18. Text of the Statutes:
Ark. Code Ann. §16-56-130. Civil
actions based upon sexual abuse.
(a) Notwithstanding any other statute of limitations or any other
provision of law that can be construed to reduce the statutory period
set forth in this section, any civil action based on sexual abuse which
occurred when the injured person was a minor, but is not discovered
until after the injured person reaches the age of majority, shall be
brought within three (3) years from the time of discovery of the sexual
abuse by the injured party.
(b)(1) A claim based on an assertion of more than
one (1) act of sexual abuse is not limited to the injured party's first
discovery of the relationship between any one (1) of those acts and the
injury or condition, but may be based on the injured party's discovery
of the effect of the series of acts.
(2) It is not necessary for the injured party to
establish which act in a series of acts of childhood sexual abuse caused
the injury or condition that is the subject of the lawsuit.
(c) For the purposes of this section: (1) "Childhood sexual abuse" means sexual abuse
which occurred when the injured person was a minor; (2) "Minor" means a person of less than eighteen
(18) years of age; and (3) "Time of discovery" means when the injured
party discovers the effect of the injury or condition attributable to
the childhood sexual abuse.
Ark. Code Ann. §Ark.
Code Ann. Persons under disabilities at time of accrual of
action.
(a) If any person entitled to bring any action under any law of this
state is under twenty-one (21) years of age or insane at the time of the
accrual of the cause of action, that person may bring the action within
three (3) years next after attaining full age, or within three (3) years
next after the disability is removed.
Resources:
Reviewed
09/04/2007. Copyright Susan
K. Smith |
