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SOL vs. perp: +1 year from majority = Age 19
SOL vs. employer: +1 year from majority = Age 19

Majority Tolling: √ – Age 18
Discovery Tolling: √ – Liberal

+4 years from liberal (causal) discovery, where discovery occurs after Minority; +1 year from Minority where causal discovery occurs before Minority.

Age of Consent: 18

Age 28  or +3 years from identification DNA profile, whichever is later for 1st, 2nd, and 3rd degree sexual abuse; incest; and sex exploitation by counselor, school employee, or therapist. (Current SOL enacted in 2000)

2015 Pending Legislation

Criminal and Civil SOL extension & 3-year window  (S.F. 107)
A BILL FOR
An Act modifying the periods of time to bring civil and criminal actions relating to the sexual abuse of minors, and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

Section 1. Section 614.8, subsection 2, Code 2015, is amended to read as follows:
2. Except as provided in section 614.1, subsection 9, or section 614.8A, the times limited for actions in this chapter, or chapter 216, 669, or 670, except those brought for penalties and forfeitures, are extended in favor of minors, so that they shall have one year from and after attainment of majority within which to file a complaint pursuant to chapter 216, to make a claim pursuant to chapter 669, or to otherwise commence an action.

Sec. 2. Section 614.8A, Code 2015, is amended to read as follows:
614.8A Damages Commencement of action for minor or child sexual abuse == time limitation.
1. Notwithstanding section 614.8, subsection 2, and the times limited for actions in this chapter, the time to file an
action relating to sexual abuse which occurred when the injured person was a minor is extended twenty=five years beyond the minor’s attainment of eighteen years of age.
2. An In addition to the extension of time provided in
subsection 1, an action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four twenty=five years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.

Sec. 3. Section 802.2, subsection 1, Code 2015, is amended to read as follows:
1. An information or indictment for sexual abuse in the first, second, or third degree committed on or with a person who is under the age of eighteen years shall be found within  ten twenty=five years after the person upon whom the offense is committed attains eighteen years of age, or if the person  against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later.

Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of immediate importance, takes effect upon enactment.

Sec. 5. RETROACTIVE APPLICABILITY. A civil action for the alleged sexual abuse of a minor that would otherwise be time=barred by any provision of law in effect prior to the effective date of this Act may be commenced no later than three years following the effective date of this Act. This section does not apply to actions of vicarious liability or respondeat superior, but does apply to other claims including negligence.

This section applies to actions pending or commenced on or after the effective date of this Act.
EXPLANATION

The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.

This bill modifies the periods of time to bring civil and criminal actions relating to the sexual abuse of minors.

Under the bill, the time for filing a civil action relating to sexual abuse which occurred when the injured person was a minor is extended from one year after the attainment of majority to 25 years after the attainment of majority.

The bill also provides that a civil action for damages relating to sexual abuse which occurred when the injured party was a child under 14 years of age shall be brought within 25 years from the time of the discovery of both the injury and the causal relationship between the injury and the sexual abuse.

Current law specifies such an action shall be brought within four years from the time of discovery of both the injury and the causal relationship between the injury and the sexual abuse.

The bill also specifies that a criminal information or indictment for sexual abuse in the first, second, or third degree committed on or with a person under the age of 18 shall be found within 25 years of the sexually abused person attaining 18 years of age. Current law specifies the indictment or information for such sexual abuse be found within 10 years of the sexually abused person attaining 18 years of age.

The bill specifies that a civil action for the alleged sexual abuse of a minor that would otherwise be time=barred
under current law, may be commenced no later than three years following the effective date of the bill. The bill specifies that the provision allowing for retroactive applicability does not apply to actions using the legal theories of vicarious liability or respondeat superior (employer liability) but does apply to other claims including negligence. The retroactive applicability provision applies to actions pending or commenced on or after the effective date of the bill.

The bill takes effect upon enactment.

View SOL Snapshot

Previously Introduced Legislation:

2013-2014: Senate Floor 2109

Professor Marci A. Hamilton Testimony

Iowa Testimony Screenshot

Professor Marci A. Hamilton Testimony in favor of Iowa SB 3112 (SF 2109)

extends criminal and civil statute of limitations for child sex abuse to 25 years after majority


State SOL News

Iowa Testimony Screenshot

Iowa Supreme Court dismisses coach sex abuse case By DAVID PITT, Associated Press

DES MOINES, Iowa (AP) — The IowaSupreme Court on…
Iowa Testimony Screenshot
Iowa Testimony Screenshot

Basu: Debate the bill, but don't doubt impact of sex abuse

The Iowa Legislature this year is considering two bills related to crimes against children. But the Republican-controlled House and Democrat-controlled Senate view the two through somewhat different lenses.
Iowa Testimony Screenshot

Iowa SOL Bill renamed SF2109

Updated Professor Hamilton Testimony to reflect bill name change…
Iowa Testimony Screenshot
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Professor Marci A. Hamilton Testimony in favor of Iowa SB 3112 (SF 2109)

extends criminal and civil statute of limitations for child sex abuse to 25 years after majority
Iowa Testimony Screenshot

Iowa needs this!

http://www.kwqc.com/story/24187307/local-groups-fights-statute-of-limitations-laws-for-sexually-abused-minors In…
Iowa Testimony Screenshot
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IL eliminated its crim and civil SOLs this year! IA needs work

Victim: Statute of limitations too short in Iowa and Illinois http://qctimes.com/news/local/victim-statute-of-limitations-too-short-in-iowa-and-illinois/article_17241fe7-147d-5080-9f77-c52b422c7a82.html By Barb…