SOL:
1. No statute of limitations as to perpetrator, or as to gross negligence against employer. Del. Code Ann. tit. 10, § 8145(a)-(b). 2. 2-Year Window (2007-2009): Open from July 1, 2007. Id. TOLLING: 1. Majority, yes. a. Del. Code Ann. tit. 10, § 8116 (“If a person entitled to any action comprehended within Del. Code Ann. tit. 10, §§ 8101-8115, shall have been, at the time of the accruing of the cause of action, under disability of infancy or incompetency of mind, this chapter shall not be a bar to such action during the continuance of such disability, nor until the expiration of three years from the removal thereof”) 2. Discovery, yes, narrow. Mooted by elimination. a. Whitwell v. Archmere Acad., Inc., No: 07C-08-006 (RBY), 2008 Del. Super. LEXIS 141 at *17, 2008 WL 1735370 (Del. Super. Ct. Apr. 16, 2008) (“[P]laintiff presented psychological evidence showing that he mentally blocked the nine years of abuse…under the Discovery Rule for inherently unknowable injuries. This rule forces the statute of limitations to begin when the injury becomes known or knowable if it was otherwise inherently unknowable.”) |
11 DEL. C. § 205 (E) NOTWITHSTANDING THE PERIOD PRESCRIBED BY SUBSECTION (B) OF THIS SECTION, A PROSECUTION FOR ANY CRIME THAT IS DELINEATED IN § 787 OF THIS TITLE AND IN WHICH THE VICTIM IS A MINOR, SUBPART D OF SUBCHAPTER II OF CHAPTER 5 OF THIS TITLE, OR IS OTHERWISE DEFINED AS A “SEXUAL OFFENSE” BY § 761 OF THIS TITLE EXCEPT § 763, § 764 OR § 765 OF THIS TITLE, OR ANY ATTEMPT TO COMMIT SAID CRIMES, MAY BE COMMENCED AT ANY TIME. NO PROSECUTION UNDER THIS SUBSECTION SHALL BE BASED UPON THE MEMORY OF THE VICTIM THAT HAS BEEN RECOVERED THROUGH PSYCHOTHERAPY UNLESS THERE IS SOME EVIDENCE OF THE CORPUS DELICTI INDEPENDENT OF SUCH REPRESSED MEMORY. THIS SUBSECTION APPLIES TO ALL CAUSES OF ACTION ARISING BEFORE, ON OR AFTER JULY 15, 1992, AND TO THE EXTENT CONSISTENT WITH THIS SUBSECTION, IT SHALL REVIVE CAUSES OF ACTION THAT WOULD OTHERWISE BE BARRED BY THIS SECTION.
“EXCEPT § 763, § 764 OR § 765 OF THIS TITLE” – correspond to indecent exposure in 1st & 2nd degrees and sexual harassment |