| Anything else I should know? |
- Case law:
- State v. Traczyk, 421 N.W.2d 299 (Minn. 1988):
- Amendment to extend the statute of limitations after the crime was committed did not apply retroactively because the legislature did not expressly state the amendment applied retroactively.
- State v. Danielski, 348 N.W.2d 352, 357 (Minn. Ct. App. 1984):
- Where the same parental authority that is used to accomplish criminal sexual acts against a child is used to prevent the reporting of that act, the statute of limitations does not begin to run until the child is no longer subject to that authority.
- State v. French, 392 N.W.2d 596 (Minn. Ct. App. 1986):
- Where statute of limitations as to sexual abuse charge is tolled on the basis of coercion of defendant over victim (Danielski), victim must tell someone who actually brings information to proper authorities before statute runs.
- Minn. Stat. § 541.073, Actions for damages due to sexual abuse:
- An action for damages based on personal injury caused by sexual abuse (meaning criminal sexual conduct in the first, second, third, fourth, or fifth degree) (1) must be commenced within six years of the alleged sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be commenced at any time in the case of alleged sexual abuse of an individual under the age of 18; and (3) must be commenced before the plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused a minor when that natural person was under 14 years of age.
- This section does not affect suspension of the statute of limitations during a period of disability under Minn. Stat. § 541.15.
- Note: This section became effective May 25, 2013 and applies to actions that were not time-barred before the effective date, provided that in the case of alleged sexual abuse of an individual under the age of 18, if the action would otherwise be time-barred under a previous version of Minnesota statutes, an action for damages against a person may be commenced no later than three years following the effective date of this statute.
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