Child sexual abuse is a devastating and traumatic experience that can leave lasting scars on survivors. In the state of Arizona,the legal framework for pursuing civil claims related to child sexual abuse has evolved over the years to provide survivors with better opportunities for seeking justice. In this article,we will explore the statute of limitations (SOL) for child sexual abuse cases in Arizona,including recent changes in the law that have expanded survivors’ rights.
Child sexual abuse lawyer Kevin Biniazan made the following comment,“Child sexual abuse cases are deeply sensitive,and having a legal system that accommodates survivors’ needs is a significant stride towards a more just and compassionate society.”
Civil SOL Snapshot
Before delving into the changes that have occurred over the years,it’s essential to understand the current state of the statute of limitations for child sexual abuse cases in Arizona. As of the most recent updates,there is no statute of limitations for civil claims of sex trafficking against individuals and legal entities in the state. This means survivors can pursue legal action against perpetrators and organizations involved in sex trafficking without being bound by a specific time limit.
For other child sex abuse claims against all defendants,the statute of limitations is set at age 30. However,there is an important caveat known as the common law discovery rule,which allows the statute of limitations clock to start ticking when the survivor discovers or retrieves repressed memories of the abuse.
Changes Since 2002
To understand the progress that has been made in Arizona’s legal framework regarding child sexual abuse cases,we need to look at the changes that have occurred since 2002.
Age Cap: In 2002,the civil statute of limitations for child sexual abuse cases in Arizona was capped at age 20,calculated as the age of majority (18) plus an additional two years. This meant that survivors had until age 20 to file a civil claim related to child sexual abuse. However,this limitation was extended in 2019 when Arizona revised its laws to allow survivors to pursue civil claims up to age 30.
Discovery: Before 2002,Arizona had a narrow common law discovery rule that applied exclusively to cases involving repressed memories of child sexual abuse. In essence,the two-year statute of limitations was tolled until the plaintiff retrieved repressed memories of abuse. However,in 2019,Arizona made a significant change by upgrading from its general two-year personal injury statute of limitations to a specific child sex abuse statute with a 12-year statute of limitations. This change was a step forward in providing survivors with more time to come forward and seek justice. Nonetheless,it’s worth noting that the discovery rule for repressed memories may no longer apply to future actions,given the shift to the new statute of limitations.
Revival Law: In 2019,Arizona took a significant step toward justice for survivors by enacting the Arizona Child Protection Act. This act opened a 19-month revival window for previously expired child sex abuse claims against perpetrators,private organizations,and the government. The revival window opened on May 27,2019,and closed on December 30,2020. Importantly,claims are revived for all survivors up until they reach the age of 30,even after the window has closed.
This means that survivors who may have been unable to pursue legal action due to expired statutes of limitations now have a chance to seek justice under Arizona’s revival law. It’s crucial for survivors to understand their rights and the legal process involved in filing a civil lawsuit under this law.
Conclusion
The statute of limitations for child sexual abuse cases in Arizona has evolved significantly over the years,expanding survivors’ rights and providing more time for them to seek justice. The recent changes,such as the elimination of the statute of limitations for sex trafficking cases and the introduction of revival laws,reflect Arizona’s commitment to holding perpetrators accountable and supporting survivors on their path to healing and closure. Survivors of child sexual abuse in Arizona should be aware of these legal developments and seek legal counsel to understand their options and rights.