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N.M. Stat. Ann.
§ 37-1-30
37-1-30. Action for damages due to childhood sexual abuse;
limitation on actions.
A. An action for damages based on personal injury caused by childhood
sexual abuse shall be commenced by a person before the latest of the
following dates:
(1) the first instant of the person's twenty-fourth birthday; or
(2) three years from the date of the time that a person knew or had
reason to know of the childhood sexual abuse and that the childhood
sexual abuse resulted in an injury to the person, as established by
competent medical or psychological testimony.
See
Kevin J. v. Sager; 128 N.M. 794, 999 P.2d 1026 (N.M. 1999) (held
that the date when a victim discovers that sexual abuse resulted in
injuries is to be established by competent medical testimony; discusses
issue of realization of connection between injury and abuse and
inferences that can be drawn from medical testimony).
Grygorwicz v. Trujillo,140 P.3d 550 (N.M. 2006) (applying discovery
statute retroactively).
Resources:
New Mexico State Library, Statutes
New Mexico Coalition of Sexual Assault Programs, Inc.
4004 Carlisle, NE, Suite D
Albuquerque, NM 87107
Phone 505-883-8020
Attorney Daymon B. Ely -
daymon@daymonely.com
Last revision
02/08/2008. Copyright
1996-2002 Susan K. Smith |
