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| Summary | Text of Statute | Commentary | Resources |
Summary:
South Carolina Code §15-3-555, enacted in 2001, extends the statute of limitations for civil claims arising out of child sexual abuse to
(a) 6 years after the person reaches 21 or
(b) 3 years from the time the victim realizes that their injuries are caused by the child sexual abuse.
South Carolina also has a statutory discovery doctrine which allows claims to be brought within 3 years of the reasonable date of discovery. (See Commentary).
Text:
S.C. Code Ann. §15-3-555. Statute of limitations for action based on sexual abuse or incest.
(A) An action to recover damages for injury to a person arising out of an act of sexual abuse or incest must be commenced within six years after the person becomes twenty-one years of age or within three years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later.
(B) Parental immunity is not a defense against claims based on sexual abuse or incest that occurred before, on, or after this section's effective date.
HISTORY: 2001 Act No. 102, § 3.
S.C. Code Ann. §15-3-535. Limitation on actions commenced under Section 15-3-530(5).
Except as to actions initiated under Section 15-3-545, all actions initiated under Section 15-3-530(5) must be commenced within three years after the person knew or by the exercise of reasonable diligence should have known that he had a cause of action.
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Retroactivity. A new statute cannot be used to revive a claim that had expired prior to its passage pursuant to the due process clause of the South Carolina constitution. Doe v. Crooks; 364 S.C. 349, 613 S.E.2d 536 (S.C. 2005).
A major case interpreting the discovery provision of the South Carolina discovery statute of limitations is Moriarty v. Garden Sanctuary Church of God, 341 S.C. 320, 534 S.E.2d 672 (S.C. 2000). Moriarity held that the discovery rule may suspend the statute of limitations during the period in which a victim psychologically represses her memory of sexual abuse. When conflicting evidence is presented as to the discovery issue, the issue becomes a question for the jury. Significantly, the Court held that an objective standard applies to the victim; namely, whether a reasonable person in the circumstances of the victim would have been "put on notice" as to the existence of the claim. The Court also ruled that when a case involves repressed memory, expert testimony is required to prove both the abuse and the repressed memory.
Resources:
- South Carolina Statutes
- South Carolina Links and Resources from Women's Law
- South Carolina Coalition against Domestic Violence and Sexual Assault
Revised 09/03/2007. Copyright Susan K. Smith 1996-2002
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