| Hawaii does not have a
special statute of limitations applicable to childhood sexual abuse. The
general limitations period for injuries to the person is 2 years. H. S.
§ 657-7.
Tolling. Hawaii has a minority, insanity,
and disability tolling statute which provides that actions can be
brought within the applicable time allowed, i.e. 2 years, from the
victim reaching the age of majority or from the removal of a disability.
H. S. § 657-13. The disability, however, must have been in existence at
the time the legal injury was first sustained. H.S.§ 657-14
Extension while criminal case is pending. If a criminal case
has been prosecuted by authorities, the statute of limitations is
suspending during the time that case is pending in the criminal court
system. H. S. § 657-23
Hawaii also has a common law realization-discovery rule
providing that claims may be filed within 2 years of the discovery of the injury
and the realization of the relationship between the injury and the abuse.
In Dunlea v.
Dappen, 83 Hawaii 28, 924 P.2d 196 (1996), the Hawaii Supreme court
applied the discovery rule to a childhood sexual abuse claim, stating:
we are persuaded by the reasoning of those courts that, having
considered the application of either statutory or judicially created
discovery rules to claims of CSA [childhood sexual abuse], have
determined that the issue of when a plaintiff discovered, or
reasonably should have discovered, that she or he was psychologically
injured and that the injury was caused by CSA is a question of fact
for the jury.
Id., at 34, 924 P.2d at 202.
Finally, actions against incarcerated perpetrators are tolled until
the perpetrator's release from prison. H.S. §657-21.5
Resources:
Hawaii Revised Statutes
Reviewed
08/25/2007. Copyright Susan
K. Smith
|
