Arkansas SOL Details

1. Civil actions based on sexual abuse. Ark Code Ann. 16-56-130(a)

a. (a)  Notwithstanding any other statute of limitations or any other provision of law that can be construed to reduce the statutory period set forth in this section, any civil action based on sexual abuse which occurred when the injured person was a minor but is not discovered until after the injured person reaches the age of majority shall be brought within three (3) years from the time of discovery of the sexual abuse by the injured party.

TOLLING:

1. Majority tolling: Yes, to age 21. See, Ark. Code Ann. § 16-56-116(a)

a. Ark. Code. Ann. § 16-56-116 (a)  If any person entitled to bring any action under any law of this state is under twenty-one (21) years of age or insane at the time of the accrual of the cause of action, that person may bring the action within three (3) years next after attaining full age, or within three (3) years next after the disability is none.

b. BUT SEE, A.C.A. § 16-56-130(2)  (“Minor” means a person of less than eighteen (18) years of age) – meaning act of abuse must have occurred when victim was under 18; even if majority tolling is to age 21.

2. Discovery, yes, liberal (knowledge + cause)

a. Ark. Code Ann. § 16-56-130(c)(3) (“’Time of discovery’ means when the injured party discovers the effect of the injury or condition attributable to the childhood sexual abuse.”)

(a)

(1)  A prosecution for the following offenses may be commenced at any time:

(A)  Capital murder, § 5-10-101;

(B)  Murder in the first degree, § 5-10-102;

(C)  Murder in the second degree, § 5-10-103;

(D)  Rape, § 5-14-103, if the victim was a minor at the time of the offense;

(E)  Sexual indecency with a child, § 5-14-110;

(F)  Sexual assault in the first degree, § 5-14-124;

(G)  Sexual assault in the second degree, § 5-14-125, if the victim was a minor at the time of the offense;

(H)  Incest, § 5-26-202, if the victim was a minor at the time of the offense;

(I)  Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;

(J)  Transportation of minors for prohibited sexual conduct, § 5-27-305;

(K)  Employing or consenting to the use of a child in a sexual performance, § 5-27-402;

(L)  Producing, directing, or promoting a sexual performance by a child, § 5-27-403; and

(M)  Computer exploitation of a child in the first degree, § 5-27-605.

(2)  A prosecution may be commenced for a violation of the following offenses, if, when the alleged violation occurred, the offense was committed against a minor, the violation has not been previously reported to a law enforcement agency or prosecuting attorney, and the victim has not reached the age of twenty-eight (28) years of age:

(A)  Sexual assault in the third degree, § 5-14-126;

(B)  Sexual assault in the fourth degree, § 5-14-127;

(C)  Endangering the welfare of a minor in the first degree, § 5-27-205;

(D)  Permitting abuse of a minor, § 5-27-221; and

(E)  Computer child pornography, § 5-27-603.