Bristol Sexual Abuse Lawyers

Statutes of Limitations are procedural laws that govern when a claim may be brought after it has “accrued” (when it happened). Most Connecticut personal injury cases will fall under Connecticut’s personal injury negligence statute of limitations, Connecticut General Statutes § 52-584. This statute imposes a two-year window within which to commence a lawsuit. For example, if you received personal injuries in a car accident in Hartford caused by the bad driving of another person, then you would have two years from the date of that accident to commence a lawsuit against the bad driver. Note, it is not enough for the injured person to make a claim to the responsible person’s insurance company within that time period. Instead, you must “commence” a civil lawsuit by a formal process.

Connecticut applies different statutes of limitations to sexual abuse claims. For example, Connecticut General Statutes § 52-577e allows the victim of sexual assault to bring a civil claim at any time, without any time limitation, if the person who assaulted the victim is convicted of first-degree sexual assault or aggravated first-degree sexual assault.

If this specific provision does not apply, then the general statute of limitations for sexual abuse claims may apply, Connecticut General Statutes § 52-577d. However, there are significant questions that still have not been resolved with this statute.

In 2019, the Connecticut legislature changed the statute of limitations for sexual abuse cases. Prior to this change, a sexual abuse victim under the age of 21 had until the age of 48 (30 years past the age of 18) within which to bring a claim. The prior version of the statute stated: “… [N]o action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by a such person later than thirty years from the date such person attains the age of majority.”

In other words, under the old law, if a person was sexually abused in the 1980s at the age of 12, then that person would have 36 years to bring file a lawsuit – 6 years until that person turned 18, then another 30 years until the age of 48.

The 2019 legislation, known as Public Act 19-16 and also known as the “Time’s Up Act,” repealed and replaced this statute. It now reads: “…[N]o action to recover damages for personal injury to a person under twenty-one years of age, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by a such person later than thirty years from the date such person attains the age of twenty-one.”

Seemingly, this extended the statute of limitations in one way: it redefined the age of the class of victims it applied to, from those under 18 to those under the age of 21. Now, a victim under the age of 21 has until the victim’s 51st birthday to bring a lawsuit.

However, and most importantly, this statute specifically only applies to claims where sexual abuse, sexual assault, or sexual exploitation occurred on or after October 1, 2019. The previous law applied to claims that occurred prior to its passage.

Unfortunately, the legislature intended this new law to only benefit those victims well into the future, at the enormous expense of victims of abuse before October 1, 2019. As a result, it is entirely unclear what statute of limitations applies to those victims who were abused as minors prior to October 1, 2019. Because Connecticut’s legislature abandoned those victims, it appears as though the Courts will have to decide which law applies to this class of victims.

Attorney Baber has aggressively advocated those responsible for drafting this weak legislation to recognize and change the law so that those who were abused as minors prior to October 1, 2019, are not left in the dark, and instead, have clarity on what their rights are.

Unfortunately, sexual abuse lawsuit defense attorneys are preparing to argue that if the abuse occurred prior to October 1, 2019, the general statute of limitations of three years applies, even if the victim was under the age of 18.

If you have a sexual abuse claim that falls into these categories, then contact Aeton’s sexual abuse attorneys to discuss your case. We can help you navigate these complex issues.

• 8% on school property
• 10% in an enclosed public area like a garage or parking lot
• 12% near or at a relative’s home
• 15% in an open public space
• 55% near or at the victim’s home