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N.M. Stat. Ann. § 37-1-30
37-1-30. Action for damages due to childhood sexual abuse; limitation on actions.
A. An action for damages based on personal injury caused by childhood sexual abuse shall be commenced by a person before the latest of the following dates:
(1) the first instant of the person's twenty-fourth birthday; or
(2) three years from the date of the time that a person knew or had reason to know of the childhood sexual abuse and that the childhood sexual abuse resulted in an injury to the person, as established by competent medical or psychological testimony.
See Kevin J. v. Sager; 128 N.M. 794, 999 P.2d 1026 (N.M. 1999) (held that the date when a victim discovers that sexual abuse resulted in injuries is to be established by competent medical testimony; discusses issue of realization of connection between injury and abuse and inferences that can be drawn from medical testimony).
Grygorwicz v. Trujillo,140 P.3d 550 (N.M. 2006) (applying discovery statute retroactively).
Resources:
New Mexico State Library, Statutes
New Mexico Coalition of Sexual Assault Programs, Inc.
4004 Carlisle, NE, Suite D
Albuquerque, NM 87107
Phone 505-883-8020
Attorney Daymon B. Ely -
Last revision 08/08/2009. Copyright 1996-2002 Susan K. Smith
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