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Article: Remedies for Victims of Sexual Abuse

Article: Connecticut version of Remedies article

Article: Arizona - "Florez Revisited: Arizona's New Approach to Extending Statutes of Limitation in Childhood Sexual Abuse Cases"

Legal Resources for Victims of Sexual Abuse

Susan K. Smith
David M. Moore

Attorneys at Law

Mediation, Collaboration
Victims' Remedies
Injury Cases

Smith & Moore, LLC
www.SmithMooreLLC.com
smith-lawfirm.com

24 East Main Street
(Route 44)
Old Avon Village North
Avon, CT 06001
Direct dial:

Atty. Smith:  (860) 678-1860
Atty. Moore: (860) 674-0122

Fax: (860) 677-5229
Directions & Map

Atty. Smith's Hartford
Conference Space
21 Oak Street
Suite 208
Hartford, CT 06106
Directions & Map

Martindale-Hubbell
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For Ethical Standards and Legal Ability

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Statutes of Limitations
for Child Sexual Abuse

Tennessee

Tenn. Code 28-3-104 and 28-1-106

There is no special statute of limitations for survivors of sexual abuse. Under Section 28-3-104, personal tort actions must be brought within one year of the date the cause of action accrued (began to run, in most instances, when the injury was inflicted).

If the person injured was under 18 years of age, under Section 28-1-106 the suit can be brought within one year of reaching 18 (i.e., the limitations period will expire the day before a victim's 18th birthday).

Tennessee has a common law discovery rule, but it is strictly applied. Hunter v. Brown, 955 S.W.2d 49 (Tenn. 1997) (statute of limitations begins to run when injury is discovered, or in the exercise of due care and diligence, plaintiff discovers that he or she has a right of action;  limitations period is tolled only during period when plaintiff has no knowledge at all that a wrong has occurred and, as a reasonable person, was not put on inquiry.) Note that because the Plaintiff in Hunter had continuous memory of her abuse, the court stated that the case did not fairly raise the issue of repressed memory and specifically reserved decision on the applicability of the discovery rule to repressed memory "for another day."

Link to Tennessee Statutes

 

Date of Review 08/25/2007