A statute of limitations (or SOL), simply, is the maximum amount of time one has to bring a lawsuit from the time of the injury or other ground for a lawsuit.
SOLs vary from state to state and from claim to claim. For example, a SOL for a lawsuit about a contract may be different from a lawsuit about a personal injury and both may be of varying durations between different states. The statute of limitations may also be set to begin running at different times. Some SOLs begin running at the time of the injury and others begin running when the injury is discovered. In cases with minors, the SOL is “tolled” or doesn’t begin to run until the minor turns 18.
Child Sex Abuse Statutes of Limitation and Related Laws
Current Civil SOL
In Alabama, the civil SOL for child sexual assault is capped at age 21 (age of majority, 19, plus 2 years) or within 6 years from the date of the incident, whichever is later.
SOL vs. perp. (assault and battery): +6 years from accrual, or +3 years from majority
SOL vs. perp. (personal injury): +2 years from majority
SOL vs. employer: +2 years from majority
Majority Tolling: Age 19
Discovery Tolling: No
Alabama State Law Provides:
The following must be commenced within six years:
(1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery;
(2) Actions for any trespass to real or personal property;
(3) Actions for the detention or conversion of personal property;
(4) Actions founded on promises in writing not under seal;
(5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise;
(6) Actions for the use and occupation of land;
(7) Motions and other actions against the sureties of any sheriff, coroner, constable, or any public officer and actions against the sureties of executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety;
(8) Motions and other actions against attorneys-at-law for failure to pay over money of their clients or for neglect or omission of duty; and
(9) Actions upon any simple contract or speciality not specifically enumerated in this section.
Ala. Code § 6-2-34(1)
The following must be commenced within two years:
(l) All actions for any injury to the person or rights of another arising from contract and not specifically enumerated in this section must be brought within two years.
Ala. Code § 6-2-38(1)
Current Criminal SOL
In Alabama, there is no criminal SOL for victims under the age of 16 for both felonies and misdemeanors.**
Alabama State Law Provides:
Offenses having no limitation:
(a) There is no limitation of time within which a prosecution must be commenced for:
(1) Any capital offense;
(2) Any felony involving the use, attempted use, or threat of, violence to a person;
(3) Any felony involving serious physical injury or death of a person;
(4) Any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death;
(5) e Any felony involving arson of any type;
(6) Any felony involving forgery of any type;
(7) Any felony involving counterfeiting;
(8) Any felony involving drug trafficking.
(b) The amendments made by this act shall apply:
(1) To all crimes committed after January 7, 1985;
(2) To all crimes committed before January 7, 1985, for which no statute of limitations provided under pre-existing law has run as of January 7, 1985.
(c) Nothing herein shall be construed to mean that the adoption of this act indicates that any former statute of limitations applying to capital offenses is invalid as the result of any decision of any court invalidating the capital punishment statutes of the State of Alabama.
Ala. Code. § 15-3-5
Age of Majority / Age of Consent / Age of Marriage
Age of Majority: 19. See, Ala. Code § 26-1-1.
Age of Consent: 16. See, Ala. Code § 13A-6-70.
Age of Marriage with Parental Consent: 16. See, Ala. Code § 30-1.
Age of Marriage without Parental Consent: See, Ala. Code § 30-1.
Medical Neglect Statute
CIVIL MEDICAL NEGLECT STATUTE
A parent cannot be considered negligent solely for failing to provide medical treatment if the parent or legal guardian was legitimately practicing his or her religious beliefs.
Alabama Civil Statute:
When an investigation of child abuse or neglect by the Department of Human Resour-ces determines that a parent or legal guardian legitimately practicing his or her religious beliefs has not provided specific medical treatment for a child, the parent or legal guardian shall not be considered a negligent parent or guardian for that reason alone.
Alabama Code §26-14-7.2
CRIMINAL MEDICAL NEGLECT STATUTE
A person cannot be found guilty of child endangerment solely for providing remedial treatment by spiritual means to a child under age 19 or dependent spouse, if the treatment follows the practices of a recognized church and is performed by a duly accredited practitioner.
Alabama Criminal Statute:
ALABAMA defense to child endangerment A person does not commit an offense under section 13A-13-14 or this section for the sole reason he provides a child under the age of 19 years or a dependent spouse with remedial treatment by spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical treatment. Alabama Code §13A-13-6(b)
Religous Liberty Statute
Religious liberty statute that could put children at risk
Enacted: November 3, 1998 (ratified in 1999)
AMENDMENT 622 RATIFIED: Alabama Religious Freedom Amendment. SECTION I. The amendment shall be known as and may be cited as the Alabama Religious Freedom Amendment.
SECTION II. The Legislature makes the following findings concerning religious freedom:
(1) The framers of the United States Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution, and the framers of the Constitution of Alabama of 1901, also recognizing this right, secured the protection of religious freedom in Article I, Section 3.
(2) Federal and state laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise. Read More (3) Governments should not burden religious exercise without compelling justification.
(4) In Employment Division v. Smith, 494 U.S. 872 (1990), the United States Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion.
(5) The compelling interest test as set forth in prior court rulings is a workable test for striking sensible balances between religious liberty and competing governmental interests in areas ranging from public education (pedagogical interests and religious rights, including recognizing regulations necessary to alleviate interference with the educational process versus rights of religious freedom) to national defense (conscription and conscientious objection, including the need to raise an army versus rights to object to individual participation), and other areas of important mutual concern.
(6) Congress passed the Religious Freedom Restoration Act, 42 U.S.C., § 2000bb, to establish the compelling interest test set forth in prior federal court rulings, but in City of Boerne v. Flores, 117 S.Ct. 2157 (1997), the United States Supreme Court held the act unconstitutional stating that the right to regulate was retained by the states.
SECTION III. The purpose of the Alabama Religious Freedom Amendment is to guarantee that the freedom of religion is not burdened by state and local law; and to provide a claim or defense to persons whose religious freedom is burdened by government.
SECTION IV. As used in this amendment, the following words shall have the following meanings:
(1) DEMONSTRATES. Meets the burdens of going forward with the evidence and of persuasion.
(2) FREEDOM OF RELIGION. The free exercise of religion under Article I, Section 3, of the Constitution of Alabama of 1901.
(3) GOVERNMENT. Any branch, department, agency, instrumentality, and official (or other person acting under the color of law) of the State of Alabama, any political subdivision of a state, municipality, or other local government.
(4) RULE. Any government statute, regulation, ordinance, administrative provision, ruling guideline, requirement, or any statement of law whatever.
SECTION V. (a) Government shall not burden a person’s freedom of religion even if the burden results from a rule of general applicability, except as provided in subsection (b).
(b) Government may burden a person’s freedom of religion only if it demonstrates that application of the burden to the person:
(1) Is in furtherance of a compelling governmental interest; and
(2) Is the least restrictive means of furthering that compelling governmental interest.
(c) A person whose religious freedom has been burdened in violation of this section may assert that violation as a claim or defense in a judicial, administrative, or other proceeding and obtain appropriate relief against a government.
SECTION VI. (a) This amendment applies to all government rules and implementations thereof, whether statutory or otherwise, and whether adopted before or after the effective date of this amendment.
(b) Nothing in this amendment shall be construed to authorize any government to burden any religious belief.
(c) Nothing in this amendment shall be construed to affect, interpret, or in any way address those portions of the First Amendment of the United States Constitution permitting the free exercise of religion or prohibiting laws respecting the establishment of religion, or those provisions of Article I, Section 3, of the Constitution of Alabama of 1901, regarding the establishment of religion.
SECTION VII. (a) This amendment shall be liberally construed to effectuate its remedial and deterrent purposes.
(b) If any provision of this amendment or its application to any particular person or circumstance is held invalid, that provision or its application is severable and does not affect the validity of other provisions or applications of this amendment.
The information provided is solely for informational purposes and is not legal advice. To determine the SOL in a particular case, contact a lawyer in the state.