A person must file a civil action for
intentional or negligent sexual abuse suffered as a child:
(a) within four years after the person attains the age of 18 years;
or
(b) if a person discovers sexual abuse only after attaining the age
of 18 years, that person may bring a civil action for such sexual abuse
within four years after discovery of the sexual abuse, whichever period
expires later. ["Discovery" means when a person knows or reasonably
should know that the injury or illness was caused by the intentional or
negligent sexual abuse.]
A civil action may be brought only against a living person who
intentionally perpetrated the sexual abuse or negligently permitted the
sexual abuse to occur.
Utah courts have allowed only narrow and limited application of the
statutory discovery provisions.
In Olsen v. Hooley, 865 P.2d 1345 (Utah
1993), the Utah Supreme Court held that the "exceptional circumstances"
provision of the state discovery rule is applicable to a "totally repressed"
memory case. The limitations period begins to run at the point the plaintiff recalls the
abuse. Colosimo v. Roman Catholic Bishop of Salt Lake City, 865 P.2d at 1350
(UT 2007 UT).
See also
Burkholz v. Joyce,
972 P.2d 1235
(Utah 1998) (refusing to
apply discovery rule when Plaintiff had knowledge of the claim at age 19).
In Franklin
v. Stevenson, 1987 P.2d 22
(Utah 1999) the court reversed a jury verdict and ruled that
repressed memory testimony should not have been admitted at trial
because its scientific reliability was not established in the trial
court.
Link to Utah
Statutes/Code