| Tenn. Code 28-3-104 and 28-1-106 |
There is no special statute of limitations for survivors of sexual
abuse. Under Section 28-3-104, personal tort actions must be brought
within one year of the date the cause of action accrued (began to run,
in most instances, when the injury was inflicted).
If the person injured was under 18 years of age, under Section
28-1-106 the suit can be brought within one year of reaching 18 (i.e.,
the limitations period will expire the day before a victim's 18th
birthday).
Tennessee has a common law discovery rule,
but it is strictly applied. Hunter
v. Brown, 955 S.W.2d 49 (Tenn. 1997) (statute of limitations begins to run when
injury is discovered, or in the exercise of due care and diligence, plaintiff discovers
that he or she has a right of action; limitations period is tolled only during
period when plaintiff has no knowledge at all that a wrong has occurred and, as a
reasonable person, was not put on inquiry.) Note that because the Plaintiff in Hunter
had continuous memory of her abuse, the court stated that the case did not fairly raise
the issue of repressed memory and specifically reserved decision on the applicability of
the discovery rule to repressed memory "for another day."
Link to Tennessee
Statutes
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