Extended Statute of Limitations (SOL) Section 5533(b)(2) of Title 42 of the Pennsylvania Consolidated Statutes are amended to provide a SOL of 12 years from the date of a victim reaching his or her age of majority (18). The text of the statute follows:
(i) If an individual entitled to bring a civil action arising from childhood sexual abuse is under 18 years of age at the time the cause of action accrues, the individual shall have a period of 12 years after attaining 18 years of age in which to commence an action for damages regardless of whether the individual files a criminal complaint regarding the childhood sexual abuse.
(ii) For the purposes of this paragraph, the term "childhood sexual abuse" shall include, but not be limited to, the following sexual activities between a minor and an adult, provided that the individual bringing the civil action engaged in such activities as a result of forcible compulsion or by threat of forcible compulsion which would prevent resistance by a person of reasonable resolution:
(A) sexual intercourse, which includes penetration, however slight, of any body part or object into the sex organ of another;
(B) deviate sexual intercourse, which includes sexual intercourse per os or per anus; and
(C) indecent contact, which includes any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire in either person.
The act also provides, however, that the amendment to 42 Pa.C.S. § 5533(b) shall not be applied to revive an action that has been barred by an existing statute of limitations on the effective date of the act.
Common Law Discovery Rule. The Pennsylvania Supreme Court has refused to apply the State's discovery rule to repressed memory cases due to Pennsylvania's policy of strictly interpreting statutory deadlines. Dalrymple v. Brown, 701 A.2d 164 (Penna. 1997). See also Hollister v. McGrath, PICS Case No. 99-0894 (3rd Circ. April 30, 1999) (applying Dalrymple's analysis rule to a 20-year old malpractice claim against a psychologist). See Jean Bond, Note, The Statute of Limitations in Pennsylvania and Repressed Memories of Childhood Sexual Abuse: Dalrymple v. Brown, 2001 Vill. Women's L.F. 041106.
Minority Tolling In addition, Pennsylvania has a minority tolling provision (2 years from reaching age 18) effective for cases arising after 1984.
Legislative Note: Bills to institute a revival period and to extend the civil statute of limitations were introduced in Pennsylvania for the 2007-2008 legislative session. You can research the status of bills at the Pennsylvania legislative web site: http://www.legis.state.pa.us (Aug. 23, 2007).
Resources:
Pennsylvania Coalition Against Rape
Last revision 08/08/2009. Copyright 1996-2002 Susan K. Smith
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