|SOL: + 7 from accrual (narrow discovery) or + 4 from leaving dependency of abuser whichever is later; +2 from majority where accrual occurred during Majority
1. Burns Ind. Code Ann. § 34-11-2-4 (b) “An action for injury to a person that results from the sexual abuse of a child must be commenced within the later of: (1) seven (7) years after the cause of action accrues; or (2) four (4) years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse.”
1. Majority, yes.
a. Burns Ind. Code Ann. § 1-1-4-5(8) “Infant” or “minor” means a person less than eighteen (18) years of age.
b. Burns Ind. Code Ann. § 34-11-6-1 (“A person who is under legal disabilities when the cause of action accrues may bring the action within two (2) years after the disability is None.) (Majority is “legal disability w/in meaning of statute).
2. Discovery, yes, narrow.
a. Doe v. United Methodist Church, 673 N.E.2d 839, 842 (Ind. 1996) (“Under Indiana’s discovery rule, a cause of action accrues, and the statute of limitations begins to run, when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another. … For a cause of action to accrue, it is not necessary that the full extent of the damage be known or even ascertainable but only that some ascertainable damage has occurred.”);
b. The discovery rule applies when determining the accrual date for all tort actions. UNR-Rohn v. Summit Bank, 687 N.E.2d 235, 1997 Ind. App. LEXIS 1558 (1997).
|None for level 1 and 2 felonies committed on or after June 30, 2014. None for A felonies. Victim’s 31st birthday for Child molesting, Vicarious sexual gratification, Child solicitation, Child seduction and Incest. Other sex offenses not otherwise listed: +10 years from commission or +4 from victim’s leaving abuser’s dependence. Burns Ind. Code Ann. § 35-41-4-2 (c), (e), (m).
Burns Ind. Code Ann. § 35-41-4-2 (c)(“A prosecution for a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014) may be commenced at any time.”)
Burns Ind. Code Ann. § 35-41-4-2 (m) (“A prosecution for a sex offense listed in IC 11-8-8-4.5 that is committed against a child and that is not: (1) a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014); or (2) listed in subsection (e) is barred unless commenced within ten (10) years after the commission of the offense, or within four (4) years after the person ceases to be a dependent of the person alleged to have committed the offense, whichever occurs later.”)
Burns Ind. Code Ann. § 35-41-4-2 (e) (“A prosecution for the following offenses is barred unless commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age: (1) IC 35-42-4-3(a) (Child molesting); (2) IC 35-42-4-5 (Vicarious sexual gratification); (3) IC 35-42-4-6 (Child solicitation); (4) IC 35-42-4-7 (Child seduction); (5) IC 35-46-1-3 (Incest).”)