SOL: + 10 years from age 21, or +3 from liberal discovery vs perp; only; +5 years from age 21 or liberal discovery for any 3rd party claims
1. Rev. Stat. Mo. § 537.046(1) As used in this section, the following terms mean: (1) “Childhood sexual abuse”, any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of eighteen years and which act would have been a violation of section 566.030, 566.040, 566.050*, 566.060, 566.070, 566.080*, 566.090, 566.100, 566.110*, or 566.120*, or section 568.020; (2) “Injury” or “illness”, either a physical injury or illness or a psychological injury or illness. A psychological injury or illness need not be accompanied by physical injury or illness. 2. Rev. Stat. Mo. § 537.046(2) (“Any action to recover damages from injury or illness caused by childhood sexual abuse in an action brought pursuant to this section shall be commenced within ten years of the plaintiff attaining the age of twenty-one or within three years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was caused by childhood sexual abuse, whichever later occurs.”) 3. Walker v. Barrett, 650 F.3d 1198, 2011 U.S. App. LEXIS 17125 (8th Cir. Mo. 2011) (finding that § 537.046 does not apply to nonperpetrator defendants). 4. Mo. Rev. Stat. § 516.371 (incest, 10 years) 5.. Rev. Stat. Mo § 516.120 (4) “Within five years: An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated”) How to deal w/ GIBSON here vs/ religious employers?? TOLLING: 1. Majority, yes, Age 21. a. § 516.170. (“Except as provided in section 516.105, if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated, such person shall be at liberty to bring such actions within the respective times in sections 516.100 to 516.370 limited after such disability is None.”) 2. Discovery, YES. a. Mo. Rev. Stat. § 516.100 (“[T]he cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and is capable of ascertainment, and, if more than one item of damage, then the last item, so that all resulting damage may be recovered, and full and complete relief obtained.”) b. Straub v. Tull, 128 S.W.3d 157, 162-63 (Mo. App. S.D. 2004) (application of delayed discovery proper for claims under both Mo. Rev. Stat. § 516.371 (incest) and Mo. Rev. Stat. § 537.046). |
None for rape in the first degree, forcible rape, attempted rape in the first degree, attempted forcible rape, sodomy in the first degree, forcible sodomy, kidnapping, attempted sodomy in the first degree, or attempted forcible sodomy. All other crimes +30 years form victim’s 18th birthday. § 556.037. Rev. Stat. Mo.
§ 556.037. Rev. Stat. Mo. Time limitations for prosecutions for sexual offenses involving a person under eighteen [Effective until Jan. 1, 2017] (“Notwithstanding the provisions of section 556.036, prosecutions for unlawful sexual offenses involving a person eighteen years of age or under must be commenced within thirty years after the victim reaches the age of eighteen unless the prosecutions are for rape in the first degree, forcible rape, attempted rape in the first degree, attempted forcible rape, sodomy in the first degree, forcible sodomy, kidnapping, attempted sodomy in the first degree, or attempted forcible sodomy in which case such prosecutions may be commenced at any time.”) § 556.037 Rev. Stat. Mo. Time limitations for prosecutions for sexual offenses involving a person under eighteen [Effective Jan. 1, 2017] (“Notwithstanding the provisions of section 556.036, prosecutions for unlawful sexual offenses involving a person eighteen years of age or under must be commenced within thirty years after the victim reaches the age of eighteen unless the prosecutions are for rape in the first degree, forcible rape, attempted rape in the first degree, attempted forcible rape, sodomy in the first degree, forcible sodomy, kidnapping, kidnapping in the first degree, attempted sodomy in the first degree, or attempted forcible sodomy in which case such prosecutions may be commenced at any time.”) (“556.037. [A> NOTWITHSTANDING <A] the provisions of section 556.036, [D> to the contrary notwithstanding, <D] prosecutions for unlawful sexual offenses involving a person eighteen years of age or under must be commenced within [D> ten <D] [A> TWENTY <A] years after the victim reaches the age of eighteen [A> UNLESS THE PROSECUTIONS ARE FOR FORCIBLE RAPE, ATTEMPTED FORCIBLE RAPE, FORCIBLE SODOMY, OR ATTEMPTED FORCIBLE SODOMY IN WHICH CASE SUCH PROSECUTIONS MAY BE COMMENCED AT ANY TIME <A] .”) Mo. Rev. Stat. § 556.037, the 10-year statute of limitations applicable to offenses involving sexual abuse of children that was enacted in 1987, applies retroactively to offenses involving child sexual abuse committed within the three year period prior to its enactment (i.e .all claims not yet barred); Mo. Rev. Stat. § 1.160 does not prevent retroactive application of the 10-year statute of limitations. Longhibler v. State, 1992 Mo. App. LEXIS 300 (Mo. Ct. App. Feb. 25 1992). |