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Commentary
Criminal Statute of Limitations | Resources
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Missouri's Statute of Limitations for sexual abuse defines childhood sexual abuse as sexual contact with a person under the age of 18.
The 2003 amendment to the limitations statute provides that civil claims must be filed either on or before reaching the age of 31, or within 3 years from the date the victim discovers, or should have discovered, that physical or psychological injury was caused by abuse. Mo. Rev. Stat. § 537.046. The text of the statute is as follows:
537.046. Childhood sexual abuse, injury or illness defined--action for damages may be brought, when.
1. As used in this section, the following terms mean:
(1) "Childhood sexual abuse", any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of eighteen years and which act would have been a violation of section 566.030, 566.040, 566.050*, 566.060, 566.070, 566.080*, 566.090, 566.100, 566.110*, or 566.120*, RSMo, or section 568.020, RSMo;
(2) "Injury" or "illness", either a physical injury or illness or a psychological injury or illness. A psychological injury or illness need not be accompanied by physical injury or illness.
2. Any action to recover damages from injury or illness caused by childhood sexual abuse in an action brought pursuant to this section shall be commenced within ten years of the plaintiff attaining the age of twenty- one or within three years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was caused by childhood sexual abuse, whichever later occurs.
3. This section shall apply to any action commenced on or after August 28, 2004, including any action which would have been barred by the application of the statute of limitation applicable prior to that date.
In 2006 the Missouri Supreme Court confirmed that the Missouri’s statute is a “discovery statute.” The Court emphasized that the tort claim does not begin to run until both the injury and the damage is ascertained by the victim. In the case at bar, the victim knew that the conduct occurred and knew that it was wrongful, but alleged that he did not have a realization of the consequential damage. Although this issue would remain in dispute at trial, the victim had presented a “question of fact for the jury” and was entitled to go forward to trial on all the issues.
"In enacting this test, Missouri has specifically rejected a "discovery" rule to determine when a cause of action accrues....Damage is sustained and capable of ascertainment when it can be discovered or made known, not when the plaintiff actually discovers the injury or wrongful conduct.... Mere ignorance of the plaintiff of his cause of action will not prevent the running of the statute of limitations." H.R.B. v. Rigali,18 S.W.3d 440 (Mo. Ct. App. 2000)[cases cited]. The language of the special statute of limitations for childhood sexual abuse language, however, is more clearly a "discovery" approach from the victim's perspective.
Powel v. Chaminade College Preparatory, Inc., 197 S.W.3d 576 (en banc 2006); overruling H.R.B. v. Rigali, 18 S.W.3d 440 (Mo. App. E.D. 2000)). See also Sheehan v. Sheehan, 901 S.W.2d 57 (Mo. 1995) (in a case where the victim claim that her memory was completely repressed, question of whether memory was repressed and her claim "capable of ascertainment" is a question for the jury to decide).
There is also 10-year SOL for claims arising out of sexual contact by a person within the third degree of affinity or consanguinity. Mo. Rev. Stat. § 516.371.
Missouri's general minority tolling (extending) statute allows claims for childhood injuries to be brought by age 21.
Criminal Statute of Limitations. Criminal prosecutions for sexual offenses involving persons 18 years of age or under must be initiated within ten years after the victim reaches the age of eighteen. Mo. Rev. Stat. § 556.037
Resources:
Link to Missouri Revised Statutes
Revised 08/25/2007 Copyright Susan K. Smith
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