|SOL: +4 years from majority or discovery. Perp and negligence claims both. Discovery is tricky—statute would seem to indicate it is liberal (causal) but Utah courts have in fact held that it is narrow (at knowledge of injury/abuse) Utah Code Ann. § 78B-2-308(2)-(5).
1. Utah Code Ann. § 78B-2-308(2) A person shall file a civil action for intentional or negligent sexual abuse suffered as a child: (a) within four years after the person attains the age of 18 years; or (b) if a person discovers sexual abuse only after attaining the age of 18 years, that person may bring a civil action for such sexual abuse within four years after discovery of the sexual abuse, whichever period expires later.
2. Utah Code Ann. § 78B-2-308 (3) The victim need not establish which act in a series of continuing sexual abuse incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan of sexual abuse.
3. Utah Code Ann. § 78B-2-308 (4) The knowledge of a custodial parent or guardian may not be imputed to a person under the age of 18 years.
4. Utah Code Ann. § 78B-2-308 (5) A civil action may be brought only against a living person who intentionally perpetrated the sexual abuse or negligently permitted the sexual abuse to occur.
1. Majority yes, 18
a. Utah Code Ann. § 78B-2-308(1) As used in this section: (a) “Child” means a person under 18 years of age. (b) “Discovery” means when a person knows or reasonably should know that the injury or illness was caused by the intentional or negligent sexual abuse. (c) “Injury or illness” means 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 (d) “Molestation” means touching the anus, buttocks, or genitalia of any child, the breast of a female child younger than 14 years of age, or otherwise taking indecent liberties with a child, or causing a child to take indecent liberties with the perpetrator or another, with the intent to arouse or gratify the sexual desire of any person. (e) “Negligently” means a failure to act to prevent the child sexual abuse from further occurring or to report the child sexual abuse to law enforcement when the adult who could act knows or reasonably should know of the child sexual abuse and is the victim’s parent, stepparent, adoptive parent, foster parent, legal guardian, ancestor, descendant, brother, sister, uncle, aunt, first cousin, nephew, niece, grandparent, stepgrandparent, or any person cohabiting in the child’s home. (f) “Person” means an individual who was intentionally or negligently sexually abused. It does not include individuals whose claims are derived through another individual who was sexually abused. (g) “Sexual abuse” means acts or attempted acts of sexual intercourse, sodomy, or molestation directed towards a child.
2. Discovery, yes narrow. Statutory appears to be liberal, but Utah courts have held the opposite.
a. Colosimo v. Roman Catholic Bishop, 2007 UT 25, P22, 156 P.3d 806, 812, 573 Utah Adv. Rep. 8, 2007 Utah LEXIS 58, 16 (Utah 2007) (“Tolling is appropriate in such cases because “[r]epressing the memory of operative facts is, in effect, not knowing or being aware of those facts.” But we limited our holding by “emphasiz[ing] that [the] case involve[d] a plaintiff who allege[d] that she totally repressed her memory; it [did] not involve a plaintiff who remembered the abuse but did not realize until later that the abuse caused the psychological harm suffered.” In other words, even though we implicitly recognized that victims of child sexual abuse may often be unable to causally connect their abuse to their injuries, we were unwilling to suggest that such an inability would toll the statute.”)
i. The discovery rule provided in Utah Code Ann. § 78-12-26(3) did not apply because the students knew that they had been abused by the teacher and that the teacher was employed by defendants; this knowledge was sufficient to trigger a duty to inquire into potential claims against defendants. Because the students did not allege that they repressed all knowledge of their abuse, they had knowledge of the operative facts giving rise to their claim.
b. NOTE, BUT SEE: Utah Code Ann. § 78B-2-308 (1) (b)( “Discovery” means when a person knows or reasonably should know that the injury or illness was caused by the intentional or negligent sexual abuse. “). Utah Code Ann. § 78B-2-308 (1) (b) the definitions section defining causation as part of discovery, would appear to apply to Utah Code Ann. § 78B-2-308(2)(b) as it is the same “section”, but that is not what Utah courts have held. They have read section b in isolation and held that knowledge only triggers the SOL.
i. Thus Utah is in the knowledge only string cite, but could easily be moved to the other if we want to read the statute as it should have been, not as courts have.
1. If it were to be moved to +causation (liberal) then this would be the citation: Utah Code Ann. § 78B-2-308 (1) (b)(“Discovery means when a person knows or reasonably should know that the injury or illness was caused by the intentional or negligent sexual abuse. “).
|None for most crimes since at least 1996. Utah Code Ann. § 76-1-301(2)(h)-(p).
Utah Code Ann. § 76-1-301(2) (“Notwithstanding any other provisions of this code, prosecution for the following offenses may be commenced at any time:
(a) capital felony;
(b) aggravated murder;
(e) child abuse homicide;
(f) aggravated kidnapping;
(g) child kidnapping;
(i) rape of a child;
(j) object rape;
(k) object rape of a child;
(l) forcible sodomy;
(m) sodomy on a child;
(n) sexual abuse of a child;
(o) aggravated sexual abuse of a child;
(p) aggravated sexual assault;
(q) any predicate offense to a murder or aggravating offense to an aggravated murder;
(r) aggravated human trafficking or aggravated human smuggling in violation of Section 76-5-310; or
(s) aggravated exploitation of prostitution involving a child, under Section 76-10-1306.”)