Here Is What Is Happening In Utah
Civil Statute of Limitations
Discovery Rule: Yes
Limitations Period: Age 18 + 4 years
Tolling:  Yes

  • Delayed Tolling For Minors: 18 years old or “Discovery” + 4 years : A person shall file a civil action for intentional or negligent sexual abuse suffered as a child within 4 years after the person attains the age of 18 years or, if a person discovers sexual abuse only after attaining the age of 18 years, that person may bring a civil action for such sexual abuse within four years after discovery of the sexual abuse, whichever period expires later. Utah Cod Ann. 1953 § 78B-2-308(2) (West 2008).
     
  • Application of the Discovery Rule : Utah courts have allowed only narrow and limited application of the statutory discovery provisions. In Olsen v. Hooley, 865 P.2d 1345 (Utah 1993), the Utah Supreme Court held that the "exceptional circumstances" provision of the state discovery rule is applicable to a "totally repressed" memory case. The limitations period begins to run at the point the plaintiff recalls the abuse. Colosimo v. Roman Catholic Bishop of Salt Lake City, 865 P.2d 806, 811 (Utah 2007). See also Burkholz v. Joyce, 972 P.2d 1235 (Utah 1998) (refusing to apply discovery rule when Plaintiff had knowledge of the claim at age 19). In Franklin v. Stevenson, 1987 P.2d 22 (Utah 1999), the court reversed a jury verdict and ruled that repressed memory testimony should not have been admitted at trial because its scientific reliability was not established in the trial court.
Criminal Statute of Limitations
Limitations Period:

None for rape, sodomy, sexual abuse, and aggravated sexual abuse.

8 years from commission of the offense for forcible sexual abuse and/or incest if reported within 4 years of the offense
4 years from commission of the offense for all other felonies
Tolling: Yes when accused is absent from the state
Exceptions Yes
  • Statute of Limitations Depending on the Nature of the Offense : No statutes of limitations for the rape of a child, object rape of a child, sodomy on a child, sexual abuse of a child, aggravated sexual abuse of a child. Utah Code Ann. 1953 § 76-1-301 (West 2008).
    • 8-year statute of limitations for forcible sexual abuse, provided that the offense was reported to a law enforcement agency within 4 yers after commission of the offense.
    • 4-year statute of limitations for all other felonies. Utah Code Ann. § 76-1-302(1)(a) (West 2008).
    • 2-year statute of limitations for all misdemeanors. Utah Code Ann. § 76-1-302(1)(b) (West 2008).

  • DNA Exception : For the following offenses, prosecution may be commenced at any time if the identity of the person who committed the offense is unknown but DNA evidence is collected that would identify the person at a later date (except that the provision does not apply if the statute of limitations on an offense has run as of May 5, 2003, and no charges have been filed. U.C.A. 1953 § 76-1-302.
  • If the statute of limitations would have run but for the provisions of Subsection (2) and identification of a perpetrator is made through DNA, a prosecution shall be commenced within one year of the discovery of the identity of the perpetrator. U.C.A. 1953 § 76-1-302(2)(b)-(3)): child abuse, §§ 76-5-109(2)(a) and (b); abuse or neglect of disabled child, §§ 76-5-110; abuse, neglect, or exploitation of a vulnerable adult, § 76-5-111; endangerment of child or elder adult, § 76-5-112.5; rape, §76-5-402; rape of a child, § 76-5-402.1; object rape, § 76-5-402.2; object rape of a child, § 76-5-402.3; forcible sodomy, § 76-5-403; sodomy on a child, § 76-5-403.1; forcible sexual abuse, § 76-5-404; aggravated sexual abuse of a child and sexual abuse of a child, § 76-5-404.1; aggravated sexual assault, § 76-5-405; sexual exploitation of a minor, § 76-5a-3. Utah Code Ann. 1953 §§ 76-1-302, 76-3-203.5 (West 2008).
     
News Coverage
Date Title Author Source PDF
05/13/2013 SOL defense is sick in rape cases Paige Fieldsted Daily Herald
09/07/2006 Two Arrests Signal a Giant Step Forward for the Civil Rights Movement for Children Marci Hamilton FindLaw
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