Massachusetts laws
MGL c. 265 Crimes against the person:
- § 13B: Indecent assault and battery on child under 14
- § 22A: Rape of a child; punishment
- § 23: Rape and abuse of child
- § 24B: Assault of child; intent to commit rape: weapons; punishment
MGL c.119, § 21 Mandated reporters defined
MGL c.119, § 51A Mandated reporting explained
MGL c.260, § 4C Statute of limitations for tort of sexual abuse of minors
MGL c.260, § 4C-1/2 Negligent supervision or conduct which caused or contributed to the sexual abuse of a minor
Statutes of limitations
MGL c. 260 § 4C Statute of limitations for sexual abuse of minors (civil cases)
"Actions of tort alleging the defendant sexually abused a minor shall be commenced within 35 years of the acts alleged to have caused an injury or condition or within 7 years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act, whichever period expires later; provided, however, that the time limit for commencement of an action under this section is tolled for a child until the child reaches eighteen years of age."
MGL c.260, § 4C-1/2 Negligent supervision or conduct causing or contributing to the sexual abuse of minor by another person (same limitation of action as for sexual abuse of minors)
MGL c.277, § 63 Statute of limitations for criminal cases: 27 years from reporting to law enforcement, or from victim turning 16
Selected cases on statutes of limitations
Commonwealth v. Buono, 484 Mass. 351 (2020)
The corroboration requirement in MGL c. 277, sec 63, is not subject to tolling.
Doe v. Creighton, 439 Mass. 281 (2003)
"A plaintiff who brings suit beyond the normal statutory limitations period may not reach a jury simply by presenting evidence that sexual abuse took place. In order to survive a motion for summary judgment in those circumstances, a plaintiff must show that the nature of the abuse was such that it would cause an objectively reasonable person to fail to recognize the causal connection between it and the injuries that it caused."
Koe v. Mercer, 450 Mass. 97 (2007)
Once a plaintiff knows of the connection, the statute of limitations begins to run, even if he does not know the "full extent or nature of [the] injury."
Phinney v. Morgan, 39 Mass. App. Ct. 202 (1995) review denied 421 Mass. 1104 (1995)
The adult plaintiffs claimed they were harmed by their mother's failure to protect them from their father's sexual abuse while they were minors. The court did extend the "discovery rule" to non-perpetrators but concluded plaintiffs were still time barred.
Riley v. Presnell, 409 Mass. 239 (1991)
The court decided that the statute of limitations does not begin to run until the plaintiff knows or reasonably could have known that he may have suffered injury due to the psychotherapist's conduct (discovery rule). The question of when a plaintiff should have known about his cause of action is one of fact.
Web sources
The sexual abuse of children in the Roman Catholic Archdiocese of Boston, Mass. Attorney General
91-page report with 3 main objectives: "(1) to determine whether children were still being sexually abused, or were at risk of being sexually abused by priests or other church workers; (2) to determine whether the conduct of the Archdiocese and its managers in responding to allegations of sexual abuse, or failing to prevent sexual abuse, was criminal and, if so, whether prosecution was appropriate and not time-barred by the statute of limitations, and; (3) to use all available means to ensure that children would be protected in the future."
Warning signs of child abuse or neglect, Mass. Dept. of Health and Human Services
Lists recognizable physical and behavioral indicators of child abuse or neglect
Print sources
Defending the unthinkable: strategies for litigating charges of child sexual abuse, NACDL , 2018.
The evaluation of child sexual abuse allegations: A comprehensive guide to assessment and testimony, Wiley, 2009.
Life with my idiot family: True story of survival, courage and justice over childhood sexual abuse, by Kathy and Gary Picard, Lake Town Publ., 2017
"Limitation of Actions," 51 Am. Jur. 2d Limitation of Actions, Tolling Exceptions §§ 148-194.
"Running of Limitations Against Action for Civil Damages for Sexual Abuse of Child," 9 ALR5th 321
Sexual assault trials, by Paul DerOhannesian, II, LexisNexis, 2014.
Contact
Online
Address
9th Floor
Boston, MA 02108
| Last updated: | February 2, 2021 |
|---|