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Summary |
Text | Commentary |
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Summary: Under Kansas law,
a victim has 3 years from the age of majority (18); or
three (3) years from
the date the victim realizes that they have suffered an injury or
illness caused by sexual abuse.
The statute is expressly retroactive.
Text of the Statute:
§60-523. Limitations on actions for recovery of damages suffered
as a result of childhood sexual abuse. (a) No action for recovery of
damages suffered as a result of childhood sexual abuse shall be
commenced more than three years after the date the person attains 18
years of age or more than three years from the date the person discovers
or reasonably should have discovered that the injury or illness was
caused by childhood sexual abuse, whichever occurs later.
(b) As used in this section:
(1) "Injury or illness" includes psychological injury or
illness, whether or not accompanied by physical injury or illness.
(2) "Childhood sexual abuse" includes any act committed against
the person which act occurred when the person was under the age of 18
years and which act would have been a violation of any of the following:
(A) Indecent liberties with a child as defined in K.S.A.
21-3503 and amendments thereto; (B) aggravated indecent liberties with a
child as defined in K.S.A. 21-3504 and amendments thereto; (C)
aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendments
thereto; (D) enticement of a child as defined in K.S.A. 21-3509 and
amendments thereto; (E) indecent solicitation of a child as defined in
K.S.A. 21-3510 and amendments thereto; (F) aggravated indecent
solicitation of a child as defined in K.S.A. 21-3511 and amendments
thereto; (G) sexual exploitation of a child as defined in K.S.A. 21-3516
and amendments thereto; or (H) aggravated incest as defined in K.S.A.
21-3603 and amendments thereto; or any prior laws of this state of
similar effect at the time the act was committed.
(c) Discovery that the injury or illness was caused by childhood
sexual abuse shall not be deemed to have occurred solely by virtue of
the person's awareness, knowledge or memory of the acts of abuse. The
person need not establish which act in a series of continuing sexual
abuse incidents caused the injury or illness complained of, but may
compute the date of discovery from the date of discovery of the last act
by the same perpetrator which is a part of a common scheme or plan of
sexual abuse.
(d) This section shall be applicable to: (1) Any action
commenced on or after July 1, 1992, including any action which would be
barred by application of the period of limitation applicable prior to
July 1, 1992; (2) any action commenced prior to July 1,
1992, and pending on July 1, 1992.
Commentary:
In Shirley v. Reif, 260 K. 514, 516, 920 P.2d 405 (1996), the Court
upheld the sexual abuse statute of limitations against a due process
challenge brought by the Church. The case is also significant for its
discussion what constitutes "discovery", and its discussion of the
interaction between the special sexual abuse statute of limitations and
Iowa's 8-year statute of repose (KSA 60-515(a)) applicable to disability
claims, which is not trumped by the special statute of limitations.
Resources:
Kansas Statutes
Kansas Coalition Against Sexual
Assault and Domestic Violence
Revised
07/04/2009. Copyright Susan
K. Smith
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