Here Is What Is Happening In Mississippi
Civil Statute of Limitations
Discovery Rule: Yes (limited)
Limitations Period: Age 21 + 3 years for sex abuse related, negligence based & IIED claims.
Age 21 + 1 year for assault/battery
Tolling:  Yes
  • 3-Year Personal Injury Statute of Limitations; No Specific Statute of Limitations for Suits Based Upon Sexual Abuse of a Minor : The general personal injury statute allows 3 years within which to bring an action. Miss. Code Ann. § 15-1-49 (2008). In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. (However, see Doe v. Roman Catholic Diocese of Jackson below.).
     
  • Delayed Tolling for Minors : The statute of limitations is tolled until the victim reaches the age of majority (age 18). Miss. Code Ann. § 15-1-59.
     
  • Discovery Rule in Child Sex Abuse Cases Unlikely : Discovery rule did not apply to toll limitations period in alleged sexual abuse victim's case as there was no latent injury; acts of abuse alleged were physical acts of which person would be generally aware when events occurs. Doe v. Roman Catholic Diocese of Jackson, 947 So.2d 983, (Miss.App. 2006).
Criminal Statute of Limitations
Limitations Period: None if (1) victim was abused during ages 14-16 and offender is 3 years older; (2) victim was abused under 14 and offender 2 years older; (3) victim was abused under 18 and abuser is in a position of authority or trust; or (4) involving touching or handling of children for lustful purposes
Tolling: Yes
Exceptions No
  • Generally No Statute of Limitations for Sexual Battery of a Minor : No limitation if the victim is age 14-16 while abuser is 3+ years older, victim is under 14 while abuser is 2+ years older, or victim is under 18 while abuser is in position of authority or trust. Miss. Code Ann. § 99-1-5 (2008). No limitation for touching or handling of children for lustful purposes. § 97-5-23.
    • For other purposes, within 2 years of the offense. § 99-1-5.
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