NCJ Number
146140
Journal
Wake Forest Law Review Volume: 26 Issue: 4 Dated: (1991) Pages: 1245-1295
Date Published
1991
Length
51 pages
Annotation
This comment analyzes the dynamics of childhood sexual abuse and its damaging after effects on the survivor. It also acknowledges the traditional purposes and policy considerations of statutes of limitations and traces the history of the discovery rule in North Carolina.
Abstract
By providing an overview of adult survivor case law and the legislative response to the problem, this comment concludes that although judicial intervention is praiseworthy, the legislature is the proper forum to provide a civil remedy to adult victims of childhood sexual abuse. A legislative solution for North Carolina is proposed. The proposed legislation mandates that in any civil action for recovery of damages suffered because of childhood sexual abuse, the time for commencement of the action shall be within 8 years of the date the plaintiff attains the age of majority or within 3 years of the date the plaintiff discovers or reasonably should have discovered that psychological or emotional injury or illness occurring after the age of majority was caused by the sexual abuse, whichever occurs later. The statute defines childhood sexual abuse and includes psychological and emotional illness within its definition of injury. As an initial safeguard, defendants are protected against vintage claims through a threshold standard that requires psychological testimony as a prerequisite to application of the discovery rule. 341 footnotes