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Summary:

In Minnesota, victims must bring their actions for damages based on personal injury caused by sexual abuse within 6 years of the time that the victim knew or had reason to know that the injury was caused by the sexual abuse.

If the claimaint was victimized as a minor, the victim must file suit before attaining his or her 25th birthday.

In cases of repressed memory, the Minnesota "disability extension" applies.

Text:

541.073. Actions for damages due to sexual abuse; special provisions

Subdivision 1. Definition. As used in this section, "sexual abuse" means conduct described in sections 609.342 to 609.345.

Subdivision. 2. Limitations period.

(a) An action for damages based on personal injury caused by sexual abuse must be commenced within six years of the time the plaintiff knew or had reason to know that the injury was caused by the sexual abuse, [or within 6 years of the victim reaching the age of majority per the decision in D.M.S. v. Barber (2002)].

(b) The plaintiff need not establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.

(c) The knowledge of a parent or guardian may not be imputed to a minor.

(d) This section does not affect the suspension of the statute of limitations during a period of disability under section 541.15.

Subdivision 3. Applicability. This section applies to an action for damages commenced against a person who caused the plaintiff's personal injury either by (1) committing sexual abuse against the plaintiff, or (2) negligently permitting sexual abuse against the plaintiff to occur.

541.15. Periods of disability not counted

(a) Except as provided in paragraph (b), any of the following grounds of disability, existing at the time when a cause of action accrued or arising anytime during the period of limitation, shall suspend the running of the period of limitation until the same is removed; provided that such period, except in the case of infancy, shall not be extended for more than five years, nor in any case for more than one year after the disability ceases.

(1) that the plaintiff is within the age of 18 years;

(2) the plaintiff's insanity;

(3) is an alien and the subject or citizen of a country at war with the United States;

(4) when the beginning of the action is stayed by injunction or by statutory prohibition.

If two or more disabilities shall coexist, the suspension shall continue until all are removed.

Commentary:

Retroactivity The special statutes expressly applied to all cases pending and became effective day following its enactment. K.E. v. Hoffman, 452 N.W.2d 509 (Minn. App.1990).

The Minnesota Supreme Court held that the six-year period provided in the delayed discovery statute began to run when victim reached majority, because as a matter of law, a minor cannot be held to the standard of knowing or discovering. D.M.S. v. Barber, 645 N.W.2d 383 (Minn. 2002) (applying statute to case a against foster parent and foster care placement agency alleging that agency negligently hired and supervised a foster parent).

In Blackowiak v. Kemp, 546 N.W.2d 1 (Minn. 1996), the Supreme Court applied the state's discovery rule to sexual abuse cases, but rejected a "realization" definition of discovery. Blackowiak arose out of allegations of sexual abuse that occurred in 1970. The victim alleged that he did realize that problems he was having were the result of defendant's abuse until 20 years later.The Supreme Court of Minnesota applied the state's delayed discovery rule, Minn. Stat. § 541.073, to cases of sexual abuse, holding as a matter of law that sexual abuse is an "injury" described by the statute. The Supreme Court, however, held that it is inappropriate to focus on the plaintiff's realization of the harm; i.e. when plaintiff acknowledged or appreciated the nature and extent of the harm he suffered and the fact that it was connected to the childhood sexual abuse. The court adopted an objective, reasonable person standard. Under the Minnesota rule, the statute of limitations begins to run from the time when the victim knew or should of the fact of the abuse, not necessarily when he realized that his problems were causally related to the abuse.

In W.J.L. v. Bugge, 573 N.W.2d 677 (Minn. 1998), a divided Minn. Supreme Court further articulated the discovery provision and stated that because of the act of sexual abuse and resulting personal injury are so closely intertwined, a "victim is immediately put on notice of the causal connection between the abuse and injury." Therefore, the statute begins to run at the time of the abuse, absent a "disability." Because the Plaintiff in W.J.L. alleged that she knew about the abuse but just "did not think about it", the court ruled that she failed to prove a disability sufficient to toll the statute. The court concluded that a reasonable person standing in the shoes of the Plaintiff would either know, or have reason to know, of the abuse.

In Bertram v. Poole, 597 N.W.2d 209 (Minn. App. 1999), the court ruled that if the victims suffered from repressed memory syndrome, or if they were minors at the time of the sexual abuse, they would be entitled to a "disability extension" on the SOL that would take them beyond the age 25 cut-off for claims. The Court of Appeals thereby remanded the case back to the trial court for a factual determination of whether the victims suffered from repressed memory syndrome. The court, quoting W.J.L., stated that "absent a disability which serves to delay the running of the statute of limitations, the limitations period under the delayed discovery statute would have begun to run one year after W.J.L. reached the age of majority and expired when she turned 25. Minn. Stat. § 541.15(a)(1)"

Resources:

Minnesota Appellate Court and Supreme Court Opinions since 1996

Minnesota Statutes and Legislation