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| Summary | Text of Statute | Commentary | Resources |
Summary:
Claims based upon intentional conduct, i.e. against a perpetrator, must be brought within 7 years of the act of abuse, or 7 years that the victim discovered or reasonably should have discovered that his/her injuries were caused by the sexual abuse. R.I. Gen. Laws § 9-1-51.
Claims against non-perpetrators must be brought under the general tort statute of limitations. Suits must be filed within 3 years of the acts constituting negligence. R.I. Gen. Laws § 9-1-14(b).
Text:
§ 9-1-51. Limitation on actions based on sexual abuse or exploitation of a child
(a) All claims or causes of action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within seven (7) years of the act alleged to have caused the injury or condition, or seven (7) years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act, whichever period expires later.
(b) The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents cause the injury complained of, but may compute the date of discovery from the date of the last act by the same perpetrator which is part of a common scheme or plan of sexual abuse or exploitation.
(c) The knowledge of a custodial parent or guardian shall not be imputed to a person under the age of eighteen (18) years.
(d) For purposes of this section, "child" means a person under the age of eighteen (18) years.
(e) As used in this section, "childhood sexual abuse" means any act committed by the defendant against a complainant who was less than eighteen (18) years of age at the time of the act and which act would have been a criminal violation of chapter 37 of title 11.
P.L. 1992, ch. 84, § 1; P.L. 1993, ch. 274, § 1.
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In Smith v. O'Connell, (D. R.I. 1998 WL 126886 (D.R., Mar 17, 1998) (NO. 93-615-T, 93-660-T, 93-661-T), the Federal Court refused to apply the state's "unsound mind" exception to the statute of limitations in three cases brought by victims of clergy abuse, stating that the "unsound mind" exception requires proof that the claimant was unable to manage everyday affairs. The same conclusion was reached by the State Supreme Court in Roe v. Gelineau, 794 A.2d 476 (R.I. 2002).
In Kelly v. Marcantonio, 678 A.2d 873, 877 (R.I.1996), the Supreme Court settled any issues with respect to the need to bring actions against non-perpetrators under the 3-year statute of limitation, R.I. Gen. Laws § 9-1-14(b).
Resources:
- Rhode Island Statutes
- Links and resources from Women's Law.
Revised 09/03/2007. Copyright Susan K. Smith. All rights reserved.
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