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by Susan K. Smith, Atty and Victim Advocate
Connecticut* allows suits to be filed for civil damages arising out of childhood sexual abuse within 30 years from the date a victim reaches the "age of majority." This means that generally a victim has until the day before his or her 48th birthday to file suit. (Victims must, however, contact an attorney long before that deadline in order to have a suit properly prepared.) Connecticut, unlike a number of other states, does not require a victim to prove that he or she suffered repressed memory or some other disability to qualify for the extended period.
Conn. Gen. Stat. §52-577d:
Conn. Gen. Stat. §52-577e:
Connecticut victims can bring civil actions for injuries arising from childhood sexual abuse suffered until the day before their 48th birthday.
The question of whether the statute should be applied retroactively was answered in the affirmative by the Connecticut Supreme Court in Roberts v. Caton, 224 Conn. 483, 619 A.2d 844 (1993).
In Giordano v. Giordano, 39 Conn. App. 183 (1995), the appellate court held that the statute does not violate either due process or equal protection. The Giordano court also held that latches is not a valid defense to a claim of sexual abuse brought within the statute of limitations.
Connecticut trial courts universally apply the special statute of limitations to non-perpetrators following the Federal District Court's decision in Almonte v. New York Medical College, 851 F. Supp. 34 (D. Conn. 1994) (Nevas, J.).
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