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Commentary
Criminal Statute of
Limitations | Resources
Commentary:
Missouri's Statute of Limitations for sexual abuse defines
childhood sexual abuse as sexual contact with a person under the age of
18.
The 2003 amendment to the limitations statute provides that civil
claims must be filed either on or before reaching the age of 31, or
within 3 years from the date the victim discovers, or should have
discovered, that physical or psychological injury was caused by abuse.
Mo. Rev. Stat. § 537.046. The text of the statute is as follows:
537.046. Childhood sexual abuse, injury or illness
defined--action for damages may be brought, when.
1. As used in this section, the following terms mean:
(1) "Childhood sexual abuse", any act committed by the defendant
against the plaintiff which act occurred when the plaintiff was
under the age of eighteen years and which act would have been a
violation of section 566.030, 566.040, 566.050*, 566.060, 566.070,
566.080*, 566.090, 566.100, 566.110*, or 566.120*, RSMo, or section
568.020, RSMo;
(2) "Injury" or "illness", either a physical injury or illness or a
psychological injury or illness. A psychological injury or illness
need not be accompanied by physical injury or illness.
2. Any action to recover damages from injury or illness caused by
childhood sexual abuse in an action brought pursuant to this section
shall be commenced within ten years of the plaintiff attaining the
age of twenty- one or within three years of the date the plaintiff
discovers, or reasonably should have discovered, that the injury or
illness was caused by childhood sexual abuse, whichever later
occurs.
3. This section shall apply to any action commenced on or after
August 28, 2004, including any action which would have been barred
by the application of the statute of limitation applicable prior to
that date.
In 2006 the Missouri Supreme Court confirmed that the Missouri’s
statute is a “discovery statute.” The Court emphasized that the tort
claim does not begin to run until both the injury and the damage is
ascertained by the victim. In the case at bar, the victim knew that the
conduct occurred and knew that it was wrongful, but alleged that he did
not have a realization of the consequential damage. Although this issue
would remain in dispute at trial, the victim had presented a “question
of fact for the jury” and was entitled to go forward to trial on all the
issues.
"In enacting this test, Missouri has
specifically rejected a "discovery" rule to determine when a cause of
action accrues....Damage is sustained and capable of ascertainment when
it can be discovered or made known, not when the plaintiff actually
discovers the injury or wrongful conduct.... Mere ignorance of the
plaintiff of his cause of action will not prevent the running of the
statute of limitations." H.R.B. v. Rigali,18 S.W.3d 440 (Mo. Ct. App.
2000)[cases cited]. The language of the special statute of limitations
for childhood sexual abuse language, however, is more clearly a
"discovery" approach from the victim's perspective.
Powel v. Chaminade College Preparatory, Inc., 197 S.W.3d 576 (en
banc 2006); overruling H.R.B. v. Rigali, 18 S.W.3d 440 (Mo. App. E.D.
2000)). See also Sheehan v. Sheehan, 901 S.W.2d 57 (Mo. 1995) (in
a case where the victim claim that her memory was completely repressed,
question of whether memory was repressed and her claim "capable of
ascertainment" is a question for the jury to decide).
There is also 10-year SOL for claims arising out of sexual contact by
a person within the third degree of affinity or consanguinity. Mo. Rev.
Stat. § 516.371.
Missouri's general minority tolling (extending) statute allows claims
for childhood injuries to be brought by age 21.
Criminal Statute of Limitations. Criminal prosecutions for
sexual offenses involving persons 18 years of age or under must be
initiated within ten years after the victim reaches the age of eighteen.
Mo. Rev. Stat. § 556.037
Resources:
Link to
Missouri Revised
Statutes
Revised
08/25/2007 Copyright
Susan K. Smith |
