The Laws That Should Protect Our Children
Current Civil SOL in a nutshell
SOL vs. perp, employer: +5 years from majority = Age 23 SOL vs. employer: +1 year from majority = Age 19
Majority Tolling: Age 18 Discovery Tolling: Narrow
Age of Consent: 16
SOL: +5 from majority, + 5 from last act, or +5 from narrow discovery, whichever is latest vs. perp; +1 from majority or accrual (at narrow discovery) vs. employer
- 5 vs perp
a. Ky.Rev.Stat. § 413.249 (2) “A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual abuse or childhood sexual assault shall be brought before whichever of the following periods last expires: (a) Within five (5) years of the commission of the act or the last of a series of acts by the same perpetrator; (b) Within five (5) years of the date the victim knew, or should have known, of the act; or (c) Within five (5) years after the victim attains the age of eighteen (18) years.”
- 1 year from accrual vs. employers
a. Ky. Rev. Stat. § 413.140(1)(a) “The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant”
b. Roman Catholic Bishop of Louisville v. Burden, 168 S.W.3d 414, 417-418, 2004 Ky. App. LEXIS 351, 8-9 (Ky. Ct. App. 2004) (“Thus, it is clear that the focus of the General Assembly was on “victims” rather than those whom the “victims” might attempt to hold liable for abuse. However, the language of KRS 413.249, just as that used by the legislatures of Rhode Island, Colorado and California, appears to be directed at perpetrators and not third parties since it sets forth sexual offenses which a third party, such as a church or a school would be incapable of committing. Based on the foregoing, it is the Opinion of this Court that KRS 413.249 does not apply to the cases currently before the Court”)
a. Majority: yes.
i. Ky. Rev. Stat. Ann. § 413.249(2)(b) (“…[T]he date the victim knew, or should have known, of the act”) (versus perp) (statute applies vs perp only)
ii. Ky.Rev.Stat § 413.170 (1) (“ If a person entitled to bring any action mentioned in KRS 413.090 to 413.160, except for a penalty or forfeiture, was, at the time the cause of action accrued, an infant or of unsound mind, the action may be brought within the same number of years after the removal of the disability or death of the person, whichever happens first, allowed to a person without the disability to bring the action after the right accrued.”) (versus all defendants)
b. Discovery, yes.
i. Yes, narrow (knowledge only):
Ky. Rev. Stat. Ann. § 413.249(2)(b) (“…[T]he date the victim knew, or should have known, of the act”) (statute applies vs. perp only)
Roman Catholic Diocese v. Secter, 966 S.W.2d 286, 289 (Ky. Ct. App. 1998) (“In the case sub judice, Secter does not allege memory loss and was aware of his injury (being sexually abused) within one year of his reaching the age of majority. Thus, his injury would not fall within the discovery rule under Rigazio, supra.”) (CL discovery rule in KY essentially = tolling for fully repressed memories only)
a. Rigazio v. Archdiocese of Louisville, 853 S.W.2d 295, 296 (Ky. Ct. App. 1993) (holding that Ky. Rev. Stat. Ann. § 413.170(1) did not apply b/c even if the son later suffered from post-traumatic memory loss which made him of unsound mind, this had not been the case at the time of the abuse, when the action accrued).
Current Criminal SOL in a nutshell
None for felonies. (effective since at least 1991)
None for felonies. KRS § 500.050 (1)
Ky. Rev. Stat. 500.050. (1) Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time.
KRS § 500.050 (3) (“For a misdemeanor offense under KRS Chapter 510 when the victim is under the age of eighteen (18) at the time of the offense, the prosecution of the offense shall be commenced within five (5) years after the victim attains the age of eighteen (18) years.”) – MISDEMEANORS +5 from age 18.
Age of Majority / Age of Consent / Age of Marriage
Age of Marriage with Parental Consent: 16 (under 16 with judicial consent), although pregnant women can apply directly to the court.
Age of Marriage without Parental Consent: 18.
See, Ky. Rev. Stat. § 402.020.
Medical Neglect Statute
CIVIL MEDICAL NEGLECT STATUTE
A parent or other person exercising custodial control or supervision of the child legiti-mately practicing the person’s reli¬gious beliefs shall not be considered a negligent parent solely because he fails to provide specified medical treatment for a child for that reason alone. Kentucky Revised Statutes §600.020(1)(a)8
The court may order or consent to necessary medical treat¬ment. . . after a hearing conducted to determine the necessity of such treatment or procedure. In making the order, the court may take into consideration the religious beliefs and practices of the child and his parents or guardian. Kentucky Revised Statutes §610.310(2)
CRIMINAL MEDICAL NEGLECT STATUTE
Religous Liberty Statute
Religious liberty statute that could put children at risk
HB 279 (2013)
Passed on March 27 2013
AN ACT RELATING TO CONSTRUCTION OF THE LAW. Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 446 IS CREATED TO READ AS FOLLOWS: Government shall not substantially burden a person’s freedom of religion. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be substantially burdened unless the government proves by clear and convincing evidence that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A “burden” shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities.