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Summary | Commentary |
Resources |
Summary:
Kentucky Revised Statutes §
413.249 (enacted 1998) provides that civil actions for sexual abuse may be brought;
(a) within five (5) years of the last act of abuse, or
(b) Within five (5) years of the date the victim knew, or should have known of the act,
or
(c) Within five (5) years after the victim attains the age
of eighteen (18) years.
The legislation was drafted to expressly provide for retroactive
application:
Note:
1998 c 577, § 2, eff. 7-15-98, reads:
"This Act shall apply to all actions which accrue before or after the
date this Act becomes law. The General Assembly finds that retroactive
effect is necessary to provide uniform justice to the victims of sexual
offenses who were children when the offenses occurred."
Commentary:
In
Roman Catholic Diocese of Covington v. Secter, 966 S.W.2d 286 (Ky.
App.1998) the Court suspended the running of the statute of limitations
because the Diocese concealed its knowledge of the abuse of multiple
children. The Court ruled that the statute of limitations as to John
Secter until he learned that other children had been abused by the same
priest. Eventually, a class action on behalf of all the Covington
Diocese victims was filed and settled with approval of the Court.
In
Roman Catholic Bishop Of Louisville v. Burden, 168 S.W.3d 414 (Ky.
App. 2004), the Appellate court held that the special statute of
limitations was applicable to the religious organization for whom the
priest who perpetrated the abuse worked.
Resources:
Kentucky
Revised Statutes (unofficial)
Kentucky Association of Sexual Assault
Programs
Revised
09/02/2007. Copyright Susan
K. Smith
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