Here Is What Is Happening In Michigan

Civil Statute of Limitations

Discovery Rule: Yes
Limitations Period: Age 19 + 2 years (assault/battery)
3 years after injury (negligence, IIED)
Tolling:  Yes
  • 2-year personal injury statute of limitations; No Specific statute of limitation for Suits Based Upon Sexual Abuse of a Minor: General personal injury statute allows 2-year statute of limitations for action charging assault, battery, or false imprisonment.
    Mich. Comp. Laws § 600.5805(2)

  • Negligence: 3-years (negligence), Mich.Comp. Laws. §600.5805(10).

  • Delayed Tolling for Minors : If victim was under the age of 18 or insane, claimant has 1 year after the disability is removed (through death or otherwise) to bring a claim if the statute of limitations has otherwise run. Mich. Comp. Laws § 600.5851

  • No Discovery Rule : No discovery rule for memory claims or claims that victims did not realize a causal connection between the sexual abuse and their injuries. See, e.g. Lemmerman v. Fealk, 201 Mich. App. 544, 507 N.W. 2d 226 (1993).

Criminal Statute of Limitations
Limitations Period: No statute of limitations for first-degree crimes
21 years (or commission of the offense) + 10 years for second, third, or fourth-degree crimes
6 years for all other offenses
Tolling: Yes
Exceptions Yes
  • Statutes of Limitations Depending on the Nature of the Offense : No statute of limitations for criminal sexual conduct in the first-degree. Mich. Comp. Laws § 764.24(1).
  • For criminal sexual conduct in the second to fourth-degree, and assault with intent to commit criminal sexual conduct, must file within 10 years after the offense is committed or victim's 21st birthday, whichever is later. Mich. Comp. Laws § 764.24(2)(a).
  • All other indictments may be found and filed within 6 years after the offense is committed. Mich. Comp. Laws § 764.24(5).

  • DNA Exception : If evidence of the violation is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the violation may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the alleged victim's 21st birthday, whichever is later.
    Mich. Comp. Laws § 764.24(2)(b).
News
Date Title Author Source PDF
01/16/2013

Child sex abuse lawsuit against Holy Redeemer school principal thrown out

Patricia Montemurri Detroit Press

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