The Laws That Should Protect Our Children
Current Civil SOL in a nutshell
SOL vs. perp: None if events forming the civil claim led to conviction of first-degree aggravated sexual or sexual assault Age 48 for all others (even if previously expired) SOL vs. employer: None if events forming the civil claim led to conviction of first-degree aggravated sexual or sexual assault Age 48 for all others (even if previously expired)
Majority Tolling: No Discovery Tolling: X – No
- None if events forming the civil claim led to conviction of first-degree aggravated sexual or sexual assault. Conn. Gen. Stat. § 52-577e
- 30 yrs from majority otherwise. Conn. Gen. Stat. § 52-577d a. “Notwithstanding the provisions of section 52-577, no 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 such person later than thirty years from the date such person attains the age of majority.” TOLLING:
- Majority, yes. Conn. Gen. Stat. § 52-577d
- Discovery, common law version yes, was narrow; but application of discovery rule mooted by current CSA statute: a. Tarnowsky v. Socci, 856 A.2d 408 (Conn. 2004) (finding that statute of limitations does not begin to run until the injured party knew, or reasonably should have known, the identity of the tortfeasor) b. BUT SEE, application of any common law discovery is mooted by statutory language in Conn. Gen. Stat. § 52-577d –Rosado v. Bridgeport Roman Catholic Diocese Corp., 1997 Conn. Super. LEXIS 2496 (Conn. Super. Ct. Sept. 15 1997) (statute moots common law discovery and by its own language acts as statute of repose)
Current Criminal SOL in a nutshell
CONN. GEN. STAT. § 54-193 (a) There shall be no limitation of time within which a person may be prosecuted for (1) a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony or a violation of section 53a-54d or 53a-169…”CONN. GEN. STAT. § 53A-70C(a). Aggravated sexual assault of a minor: Class A felony.
DEFINED: “ (a) A person is guilty of aggravated sexual assault of a minor when such person commits a violation of subdivision (2) of subsection (a) of section 53-21 or section 53a-70, 53a-70a, 53a-71, 53a-86, 53a-87 or 53a-196a and the victim of such offense is under thirteen years of age, and (1) such person kidnapped or illegally restrained the victim, (2) such person stalked the victim, (3) such person used violence to commit such offense against the victim, (4) such person caused serious physical injury to or disfigurement of the victim, (5) there was more than one victim of such offense under thirteen years of age, (6) such person was not known to the victim, or (7) such person has previously been convicted of a violent sexual assault.”
Codes sections offenses listed above include: Injury or risk of injury to, or impairing morals of, children. Sale of children; Sexual assault in the first degree, second degree, third degree; promoting prostitution; using a minor in an obscene performance
OTHER FELONIES – + 30 years form majority. Conn. Gen. Stat. § 54-193a
Sec. 54-193a. (“ Notwithstanding the provisions of section 54-193, no person may be prosecuted for any offense, except a class A felony, involving sexual abuse, sexual exploitation or sexual assault of a minor except within thirty years from the date the victim attains the age of majority or within five years from the date the victim notifies any police officer or state’s attorney acting in such police officer’s or state’s attorney’s official capacity of the commission of the offense, whichever is earlier, provided if the prosecution is for a violation of subdivision (1) of subsection (a) of section 53a-71, the victim notified such police officer or state’s attorney not later than five years after the commission of the offense.
Age of Majority / Age of Consent / Age of Marriage
Age of Majority: 18. See, Conn. Gen. Stat. Ann. § 1-1d.
Age of Consent: 16. See, Conn. Gen. Stat. Ann. § 53a-70.
Age of Marriage with Parental Consent: 16 (under 16 with judicial consent).
Age of Marriage without Parental Consent: 18.
See, Conn. Gen. Stat. § 46b-30.
Medical Neglect Statute
CIVIL MEDICAL NEGLECT STATUTE
For the purposes of this section, the treatment of any child or youth by an accredited Christian Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute neglect or maltreatment.
Connecticut General Statutes Chap. 815t §46B-120(8)
For the purposes of sections 17a-101 to 17a-103, inclusive, and sections 46b-129a, the treatment of any child by a Christian Science practitioner in lieu of treatment by a licensed practitioner of the healing arts shall not of itself constitute maltreatment.
Conn. Gen. Stat. Chap. 319A §17a-104 (on reporting obligations)
For purposes of said sections, the treatment of any person with intellectual disability or any individual who receives services from the Department of Developmental Services’ Division of Autism Spectrum Disorder Services by a Christian Science practitioner, in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute grounds for the implementation of protective services.
Conn. Gen. Stat., Chap. 813 §46a-11b(f)
CRIMINAL MEDICAL NEGLECT STATUTE
Note: Sec. 19-3-103 is a civil statute with a religious exemption.
Religous Liberty Statute
Religious liberty statute that could put children at risk
Current Law: §§ 52-571B
Enacted: June 29, 1993
SEC. 52-571B. ACTION OR DEFENSE AUTHORIZED WHEN STATE OR POLITICAL SUBDIVISION BURDENS A PERSON’S EXERCISE OF RELIGION. (a) The state or any political subdivision of the state shall not burden a person’s exercise of religion under section 3 of article first of the Constitution of the state even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section. (b) The state or any political subdivision of the state may burden a person’s exercise 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 exercise of religion has been burdened in violation of the provisions of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the state or any political subdivision of the state. (d) Nothing in this section shall be construed to authorize the state or any political subdivision of the state to burden any religious belief. (e) Nothing in this section shall be construed to affect, interpret or in any way address that portion of article seventh of the Constitution of the state that prohibits any law giving a preference to any religious society or denomination in the state. The granting of government funding, benefits or exemptions, to the extent permissible under the Constitution of the state, shall not constitute a violation of this section. As used in this subsection, the term “granting” does not include the denial of government funding, benefits or exemptions. (f) For the purposes of this section, “state or any political subdivision of the state” includes any agency, board, commission, department, officer or employee of the state or any political subdivision of the state, and “demonstrates” means meets the burdens of going forward with the evidence and of persuasion.