Extended Statute of Limitations (SOL)
Section
5533(b)(2) of Title 42 of the Pennsylvania Consolidated Statutes are
amended to provide a SOL of 12 years from the date of a victim reaching
his or her age of majority (18). The text of the statute follows:
(i) If an individual entitled to bring a civil action arising from
childhood sexual abuse is under 18 years of age at the time the cause of
action accrues, the individual shall have a period of 12 years after
attaining 18 years of age in which to commence an action for damages
regardless of whether the individual files a criminal complaint
regarding the childhood sexual abuse.
(ii) For the purposes of this paragraph, the term "childhood sexual
abuse" shall include, but not be limited to, the following sexual
activities between a minor and an adult, provided that the individual
bringing the civil action engaged in such activities as a result of
forcible compulsion or by threat of forcible compulsion which would
prevent resistance by a person of reasonable resolution:
(A) sexual intercourse, which includes penetration, however slight, of
any body part or object into the sex organ of another;
(B) deviate sexual intercourse, which includes sexual intercourse per os
or per anus; and
(C) indecent contact, which includes any touching of the sexual or other
intimate parts of the person for the purpose of arousing or gratifying
sexual desire in either person.
The act
also provides, however, that the amendment to 42 Pa.C.S. § 5533(b) shall
not be applied to revive an action that has been barred by an existing
statute of limitations on the effective date of the act.
Common
Law Discovery Rule.
The
Pennsylvania Supreme Court has refused to apply the State's discovery
rule to repressed memory cases due to Pennsylvania's policy of strictly
interpreting statutory deadlines. Dalrymple v. Brown, 701 A.2d
164 (Penna. 1997). See also Hollister v. McGrath, PICS
Case No. 99-0894 (3rd Circ. April 30, 1999) (applying Dalrymple's
analysis rule to a 20-year old malpractice claim against a
psychologist). See Jean Bond, Note,
The Statute of Limitations in Pennsylvania and Repressed Memories of
Childhood Sexual Abuse: Dalrymple v. Brown, 2001 Vill.
Women's L.F. 041106.
Minority Tolling In addition, Pennsylvania has
a minority tolling provision (2 years from reaching age 18) effective for cases arising after 1984.
Legislative Note:
Bills to institute a revival period and to extend the civil statute of
limitations were introduced in Pennsylvania for the 2007-2008
legislative session. You can research the status of bills at the
Pennsylvania legislative web site:
http://www.legis.state.pa.us (Aug. 23, 2007).
Resources:
Pennsylvania Coalition Against Rape
Last revision
02/08/2008. Copyright
1996-2002 Susan K. Smith |
