• 3-year Statute of Limitations for Childhood Sexual Abuse : Suits must be brought within 3 years of the act or within 3 years of discovering that the injury was caused by the act (or reasonably should have discovered that the injury was caused by the act). S.D. Codified Laws § 26-10-25 (2008). 
• But, after victim’s 40th birthday, damages only available against perpetrator. S.D. Codified Laws § 26-10-25.
 
• Retroactivity : South Dakota’s Statute of Limitations, allowing for child sexual abuse civil cases brought within three years of date victim discovered or should have discovered that claimed injury was caused by abusive act, could be applied retroactively to cover abuse occurring prior to passage of statute. DeLonga v. Diocese of Sioux Falls, 329 F.Supp.2d 1092 (2004); Stratmeyer v. Stratmeyer, 567 N.W.2d 220 (SD 1997) (overruling Koenig v. Lambert, 527 N.W.2d 903 (S.D. 1995).

• No limitation on class A, class B, or class C felonies : Including any rape where the victim is under the age of 13. S.D. Codified Laws § 23A-42-1 (2008).
   
• 7-year Statute of Limitations for other prosecutions : S.D. Codified Laws § 23A-42-2 (2008).
   
• Statute of Limitationsf Tolled Until Age 25 for Rape Victims : Victim of any offense under SDCL § 22-22-1 can bring charges at any time prior to the time the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer. S.D. Codified Laws § 22-22-1 (2008). Furthermore, a charge brought for sexual contact with a person under 16 may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer. S.D. Codified Laws § 22-22-7 (2008).

Testimonies by Marci Hamilton

Date		PDF
02/06/2012	Testimony Before South Dakota House Judiciary Committee, on H.B. 1218, Rescinding the Statute of Limitations for Civil Actions Involving Child Sex Abuse