Mon Aug 5 2002
California Suspends Statute of Limitations in Priest Cases
California has amended its statute of limitations for childhood sex abuse to revive certain expired claims. The amendment responds to news that the Catholic Church has concealed molestation complaints against priests, enabling some to continue molesting.
Generally, California law provides that claims for childhood sex abuse expire at the later of two times: 1) when the plaintiff turns 26, or 2) three years after the plaintiff discovered, or should have discovered, that his or her adult psychological ailment resulted from the childhood abuse.
Under the amendment, certain claims which have expired will be revived for one year only, beginning January 1, 2003. For a claim to be revived, it must be against a person or organization which knew or had reason to know that an employee or other agent had offended sexually. Also, the supervising person or organization must have failed to take reasonable steps to prevent reoffense.
The statute specifies that a defendant failed to take appropriate steps if it permitted the offender to have contact with children as “an inherent part” of his function or environment. It also says that merely providing counseling to the offender does not constitute taking reasonable steps.
The amended statute is CA Civ. Pro. Sec. 340.1.
Copyright © 2003 David S. Marshall