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
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Hartford, CT 06106
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The Fine Print: This web site provides general information only and cannot be relied upon as legal advice. Laws change  and differ from State to State. Applicability of the legal principles discussed may differ substantially in individual situations. You should consult an attorney about your particular situation.

COPYRIGHT © 1998-09 Susan K. Smith All Rights Reserved.

Vermont

§ 522. Actions based on childhood sexual abuse.

(a) A civil action brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within six years of the act alleged to have caused the injury or condition, or six years of the time the victim discovered that the injury or condition was caused by that act, whichever period expires later. The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents caused the injury.

(b) If a complaint is filed alleging an act of childhood sexual abuse which occurred more than six years prior to the date the action is commenced, the complaint shall immediately be sealed by the clerk of the court. The complaint shall remain sealed until the answer is served or, if the defendant files a motion to dismiss under Rule 12(b) of the Vermont Rules of Civil Procedure, until the court rules on that motion. If the complaint is dismissed, the complaint and any related papers or pleadings shall remain sealed. Any hearing held in connection with the motion to dismiss shall be in camera.

(c) As used in this section, "childhood sexual abuse" means any act committed by the defendant against a complainant who was less than 18 years of age at the time of the act and which act would have constituted a violation of a statute prohibiting lewd and lascivious conduct, lewd or lascivious conduct with a child, sexual assault or aggravated sexual assault in effect at the time the act was committed.

In the event of a disability related to childhood sexual abuse, the statute does not begin to run until the disability is removed. 12 VSA § 560: 

When a person entitled to bring an action for damages as a result of childhood sexual abuse is unable to commence the action as a direct result of the damages caused by the sexual abuse, the period during which the person is incapacitated shall not be taken as a part of the time limited for commencement of the action.

The tolling (suspending) in case of minority (or insanity or imprisonment) is located at 12 VSA § 551):

When a person entitled to bring an action specified in this chapter is a minor, insane or imprisoned at the time the cause of action accrues, such person may bring such action within the times in this chapter respectively limited, after the disability is removed.

Link to Vermont Statutes on Line