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Summary | Text | Resources Summary: Suits must be filed within 3 years of attaining "full age" (21), or within 3 years of the discovery of childhood sexual abuse. The Arkansas discovery scheme is a "realization statute," meaning that 3-year period starts to run when the victim discovers that the injury or condition is attributable to the childhood sexual abuse. "Child" means minor under age of 18.
Text of the Statutes:
Ark. Code Ann. §16-56-130. Civil actions based upon sexual abuse.
(a) Notwithstanding any other statute of limitations or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action based on sexual abuse which occurred when the injured person was a minor, but is not discovered until after the injured person reaches the age of majority, shall be brought within three (3) years from the time of discovery of the sexual abuse by the injured party.
(b)(1) A claim based on an assertion of more than one (1) act of sexual abuse is not limited to the injured party's first discovery of the relationship between any one (1) of those acts and the injury or condition, but may be based on the injured party's discovery of the effect of the series of acts.
(2) It is not necessary for the injured party to establish which act in a series of acts of childhood sexual abuse caused the injury or condition that is the subject of the lawsuit.
(c) For the purposes of this section: (1) "Childhood sexual abuse" means sexual abuse which occurred when the injured person was a minor; (2) "Minor" means a person of less than eighteen (18) years of age; and (3) "Time of discovery" means when the injured party discovers the effect of the injury or condition attributable to the childhood sexual abuse.
Ark. Code Ann. §Ark. Code Ann. Persons under disabilities at time of accrual of action.
(a) If any person entitled to bring any action under any law of this state is under twenty-one (21) years of age or insane at the time of the accrual of the cause of action, that person may bring the action within three (3) years next after attaining full age, or within three (3) years next after the disability is removed.
Resources:
- Link to Arkansas Code.
- Arkansas Coalition Against Sexual Assault.
Reviewed 09/04/2007. Copyright Susan K. Smith
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