SOL vs. perp: None
SOL vs. employer: None

Majority Tolling: Age 18
Discovery Tolling: Narrow

Age of Consent: 16

None (effective 7/15/92)

Sheehan v. Oblates of St. Francis de Sales, 15 A.3d 1247 (Del. 2011)

Delaware’s 2007-2009 SOL Window

The Delaware Window (Source:

Delaware enacted SOL “window” legislation for child-sex-abuse claims against medical providers. The new law arose in response to revelations about the formerly beloved pediatrician Dr. Earl Bradley, who is alleged to have abused at least 100 children as part of his practice. When the news surfaced about Bradley’s alleged abuse of his patients, it became clear that many of the victims were going to be forestalled from suing by the statutes of limitations. Previously, in 2007, Delaware had enacted its Child Victims Act (CVA), which (1) eliminated the SOL for civil child-sex-abuse cases, and (2) created a two-year window during which civil child-sex-abuse cases on which the SOL had already expired could still be brought in court. The cases that were brought during that SOL window are now moving through the Delaware courts. The CVA did not cover health care providers, as it turned out, and so Delaware enacted this new window for health care providers. Delaware remains the leader in the country for the protection of child sex abuse victims.

Leading Cases

2013-10-10 – Waterhouse – (Del. Super. October 10, 2013 ) (sex abuse not time barred actionable post CVA)

sex abuse not time barred actionable post CVA

2015 Pending Legislation

No pending bills at this time.  View SOL Snapshot

State SOL News

Jordan Walsh, The Children of America Have Lost A True Hero: RIP Maj. Beau Biden., Hamilton and Griffin on Rights

Beau Biden did more for child protection in this nation than arguably any other state-level politician of his era

Craig Anderson, Keeping sex out of education: Local schools seek ways to stop abuse of students, Delaware State News

According to former United States Department of Education Chief of Staff Terry Abbott, review of media reports nationwide found 781 reported cases of school employees accused/charged or convicted/sentenced for inappropriate relationships with students.

In its two years, Child Victim's Act brings 170 lawsuits alleging abuse

07/10/2009, In its two years, Child Victim's Act brings 170…

Professor Marci A. Hamilton Testimony

No testimony for this state.