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Summary |
Text of Statute |
Commentary |
Resources |
Summary:
New Hampshire enacted a special
statute of limitations for victims of childhood sexual abuse in 2005.
Under the new rules, a victim must file their claim in court
- within 7 years of their 18th birthday, or
- within 3 years of the time the plaintiff discovers, or in the
exercise of reasonable diligence should have discovered, the injury and its causal
relationship to the act or omission complained of.
N. H. Rev. Stat. Ann. § 508:4-g (2005)
Text:
508:4-g Actions Based on Sexual
Assault and Related Offenses.
A person, alleging to have been subjected to any offense under RSA 632-A
or an offense under RSA 639:2, who was under 18 years of age when the
alleged offense occurred, may commence a personal action based on the
incident within the later of:
I. Seven years of the person's eighteenth birthday; or
II. Three years of the time the plaintiff discovers, or in the exercise
of reasonable diligence should have discovered, the injury and its
causal relationship to the act or omission complained of.
HISTORY
Source. 2005, 283:1, eff. July 22, 2005.
Commentary:
In
McCollum v. D'Arcy, 138 NH.
285, 638 A.2d 797 (1994), a case which predated the special statute of
limitations, the court ruled that the State's discovery rule was applicable to repressed memory claims
arising out of childhood sexual abuse.
Resources:
Revised
09/03/2007. Copyright Susan
K. Smith 1996-2002
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