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Summary: Pursuant to Iowa statutory law and case law, victims must initiate their lawsuits within 4 years of the discovery of and injury and the causal relationship between the injury and the abuse. Iowa Code Ann. § 614.8A which applies to all cases which are filed after July 1, 1990:
"An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four (4) years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse." Iowa Code Sec. 614.8A.
In Frideres v. Schiltz, 540 N.W.2d 261 (Iowa 1995) the court held that the statutory discovery rule, ICA § 614.8A effective July 1, 1990 did not apply retroactively to revive claims that were barred by statute of limitations in existence prior to enactment of statute for injuries discovered after majority. However, claims arising out of abuse which occurred prior to July 1, 1990 can be brought under the common law discovery rule.
The court also held that there is no parental immunity from the negligence claim of child when a parent knows of and allows sexual abuse of child. Childhood sexual abuse means abuse to a child under the age of 14. See also In Doe v. Cherwitz, 518 N.W.2d 362, 363 (Iowa 1994) (common law discovery rule applicable to childhood sexual abuse claims; claimant must have some realization of the nexus between the abuse and the injury suffered); Claus v. Whyle, 526 N.W.2d 519 (Iowa 1994)(discovery rule). See also Woodroffe v. Hansencleaver, 540 N.W.2d 45 (Iowa 1995)(plaintiff "discovered" her claim within the meaning of the statute's discovery period when she sought treatment with a psychologist and described her abuse because she then knew the of the sexual abuse and that it caused her psychological problems).
Resources:
Iowa Code
Iowa Coalition Against Sexual Abuse (ICASA)
Revised 07/04/2009. Copyright Susan K. Smith
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