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1. 14 Me. Rev. Stat. § 752-C (1) NO LIMITATION.  Actions based upon sexual acts toward minors may be commenced at any time.

a. Guptill v. Martin, 228 F.R.D. 62, 64 (D. Me. 2005) (752-C’s removal of SOL would theoretically apply to IIED and negligent supervision claims as it applies to “any claims related to any sexual abuse,” but cannot be applied retroactively to claims already time-barred in 1991).

TOLLING:

1. Discovery, yes, narrow.

a. McAfee v. Cole, 637 A.2d 463, 466 (Me. 1994) (“…[T]he time the person discovers or reasonably should have discovered the harm”)

i. (NOTE: “harm” is used by diff’t states to mean both/either injury or appreciation of causation—it must always be contextualized as can mean liberal or narrow discovery.

b. Nuccio v. Nuccio, 673 A.2d 1331, 1335 (Me. 1996) (noting that if applicable, discovery rule would only toll until a victim with repressed memories “discovered the abuse on regaining his memory”).

2. Majority, yes.

a. 14 Me. Rev. Stat. §853. Persons under disability may bring action when disability None (“If a person entitled to bring any of the actions under sections 752 to 754, including section 752-C, and under sections 851 and 852 and Title 24, section 2902 and, until July 1, 2017, section 2902-B is a minor, mentally ill, imprisoned or without the limits of the United States when the cause of action accrues, the action may be brought within the times limited herein after the disability is None.”)

17-A Maine Rev. Stat. § 8 (1). +8 years for unlawful sexual contact or gross sexual assault where victim is age 16 or over. 17-A M.R.S. § 8 (2-A).

17-A M.R.S. § 8 (1) (“It is a defense that prosecution was commenced after the expiration of the applicable period of limitations provided in this section; provided that a prosecution for murder or criminal homicide in the first or 2nd degree, or, if the victim had not attained the age of 16 years at the time of the crime, a prosecution for: incest; unlawful sexual contact; sexual abuse of a minor; rape or gross sexual assault, formerly denominated as gross sexual misconduct, may be commenced at any time.”)

17-A M.R.S. § 8 (2).  (“Except as provided in subsection 2-A, prosecutions for crimes other than murder or criminal homicide in the first or 2nd degree, or, if the victim had not attained the age of 16 years at the time of the crime, prosecutions for: incest; unlawful sexual contact; sexual abuse of a minor; rape or gross sexual assault, formerly denominated as gross sexual misconduct, are subject to the following periods of limitations:

17-A M.R.S. § 8 A.  A prosecution for a Class A, Class B or Class C crime must be

     commenced within 6 years after it is committed; and

17-A M.R.S. § 8 B.  A prosecution for a Class D or Class E crime must be commenced

     within 3 years after it is committed.

17-A M.R.S. § 8 2-A.  A prosecution for a Class A, Class B or Class C crime involving unlawful sexual contact or gross sexual assault must be commenced within 8 years after it is committed.”)