SOL + 12 years from majority, age 30

1. 42 Pa.C.S. § 5533 (i)  If an individual entitled to bring a civil action arising from childhood sexual abuse is under 18 years of age at the time the cause of action accrues, the individual shall have a period of 12 years after attaining 18 years of age in which to commence an action for damages regardless of whether the individual files a criminal complaint regarding the childhood sexual abuse.

TOLLING:

1. Majority, yes.

2. Discovery, unlikely

a. Dalrymple v. Brown, 701 A.2d 164, 167 (Pa. 1997) (finding that repressed memory of child abuse would not toll statute of limitations until discovery of injury.  Statutory tolling provision doesn’t apply retroactively to revive claims).

b. Aquillno v. Phila Catholic Archdiocese, 884 A.2d 1269, 1277 (Pa. Super. Ct. 2005) (Repressed memories could not justify tolling of SOL).

Victim’s 50th birthday. 42 Pa.C.S. § 5552 (c)(3).

42 Pa.C.S. § 5552 (c)  Exceptions. — If the period prescribed in subsection (a), (b) or (b.1) has expired, a prosecution may nevertheless be commenced for:

(1)  Any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this paragraph extend the period of limitation otherwise applicable by more than three years.

(2)  Any offense committed by a public officer or employee in the course of or in connection with his office or employment at any time when the defendant is in public office or employment or within five years thereafter, but in no case shall this paragraph extend the period of limitation otherwise applicable by more than eight years.

(3)  Any sexual offense committed against a minor who is less than 18 years of age any time up to the later of the period of limitation provided by law after the minor has reached 18 years of age or the date the minor reaches 50 years of age. As used in this paragraph, the term “sexual offense” means a crime under the following provisions of Title 18 (relating to crimes and offenses):

Section 3011(b) (relating to trafficking in individuals).

Section 3012 (relating to involuntary servitude) as it relates to sexual servitude.

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 4302 (relating to incest).

Section 4304 (relating to endangering welfare of children).

Section 6301 (relating to corruption of minors).

Section 6312(b)(relating to sexual abuse of children).

Section 6320 (relating to sexual exploitation of children)

APPLICABILITY

TRAFFICKING ADDED to this section IN 2014:

The 2014 amendment, in 42 Pa.C.S. § 5552(c)(3), added “Section 3011(b) (relating to trafficking in individuals)” and “Section 3012 (relating to involuntary servitude) as it relates to sexual servitude””

AGE 50 EXTENSION WAS enacted in 2006, EFFECTIVE in January 2007. See, Act 2006-179 (S.B. 1054), P.L. 1581, § 7, APPROVED NOV. 29, 2006, EFFECTIVE. IN 60 DAYS. 2005 Pa. SB 1054, 2006 Pa. ALS 179, 2006 Pa. Laws 179, 2005 Pa. SB 1054.

The 2006 amendment, in the first sentence of the introductory language of 42 Pa.C.S. § 5552 (c)(3), added “the later of” and “or the date the minor reaches 50 years of age” and added “Section 6320 (relating to sexual exploitation of children)” in (c)(3).

[A> SECTION 6320 (RELATING TO SEXUAL EXPLOITATION OF CHILDREN).

2005 Pa. SB 1054, 2006 Pa. ALS 179, 2006 Pa. Laws 179, 2005 Pa. SB 1054. (“3) ANY SEXUAL OFFENSE COMMITTED AGAINST A MINOR WHO IS LESS THAN 18 YEARS OF AGE ANY TIME UP TO [A> THE LATER OF OR THE DATE THE MINOR REACHES 50 YEARS OF AGE

Previous SOL would have been as defined in sub b, but merely tolled to age 18 by the former sub.c. + 12 years from age 18, a.k.a. age 30.

42 Pa.C.S. § 5552 (b.1)  (“Major sexual offenses. — A prosecution for any of the following offenses under Title 18 must be commenced within 12 years after it is committed:

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 4302 (relating to incest).

Section 6312 (relating to sexual abuse of children)