NCJ Number
123006
Journal
Boston College Law Review Volume: 29 Issue: 4-5 Dated: (September 1988) Pages: 941-968
Date Published
1988
Length
48 pages
Annotation
The special nature of incestuous abuse makes it necessary for State legislatures to extend the statute of limitations period for incest claims.
Abstract
Incest-related harm often emerges long after the statute of limitations for a civil incest suit has tolled, making it legally impossible for the victim to receive a civil remedy. Some argue that the discovery rule should be applied in incest abuse cases, thereby tolling the limitations period until the plaintiff knew or reasonably should have known of the injury. However, incestuous abuse is an intentional tort, and while courts often apply the discovery rule in negligence cases, they are reluctant to apply it to intentional torts. A better approach, then, is for State legislatures to follow the lead of California and enact legislation specifically extending the statute of limitations in civil actions for incestuous abuse or, on the criminal side, to imitate Massachusetts and extend the statute of limitations for prosecution of sexual crimes against children from six to ten years. Under the Massachusetts law, the limitations period does not begin to run until the child reaches the age of 16 or reports the assault, whichever occurs first. The article proposes a model civil incest act for the consideration of State legislatures. 253 footnotes.