Kentucky

 
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A Statute of Limitations (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.

Child Sex Abuse Statutes of Limitation and Related Laws

Current Civil SOL

In Kentucky, the civil SOL for child sex abuse claims is capped at age 28 (age of majority, 18, plus 10 years), or within ten years of the victim discovering that they were abused, whichever is later.

SOL vs. perp.: + 10 years from majority = Age 28
SOL vs. employer: + 10 years from majority = Age 28
Majority Tolling: Age 18
Discovery Tolling: Narrow
Age of Consent: 16


Kentucky State Law Provides:

Action relating to childhood sexual abuse or childhood sexual assault

(2) A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual abuse or childhoodsexual assault shall be brought before whichever of the following periods last expires:
(a) Within ten (10) years of the commission of the act or the last of a series of acts by the same perpetrator;
(b) Within ten (10) years of the date the victim knew, or should have known, of the act;
(c) Within ten (10) years after the victim attains the age of eighteen (18) years; or
(d) Within ten (10) years of the conviction of a civil defendant for an offense included in the definition of childhoodsexual abuse or childhood sexual assault.

Ky. Rev. Stat. § 413.249

Actions to be brought within one yea

(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”)

Ky. Rev. Stat. § 413.140

TOLLING:

Majority- yes.

The date the victim knew, or should have known, of the act. (versus perp) (statute applies vs perp only)
Ky. Rev. Stat. Ann. § 413.249(2)(b)

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)
Ky.Rev.Stat § 413.170 (1)

Discovery, yes.

The date the victim knew, or should have known, of the act (statute applies vs. perp only)
Ky. Rev. Stat. Ann. § 413.249(2)(b)

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.
Roman Catholic Diocese v. Secter, 966 S.W.2d 286, 289 (Ky. Ct. App. 1998)

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.
Rigazio v. Archdiocese of Louisville, 853 S.W.2d 295, 296 (Ky. Ct. App. 1993)

Current Criminal SOL


In Kentucky, there is no criminal SOL for child sex abuse felonies. For all other crimes, the criminal SOL is capped at age 23 (age of majority, 18, plus five years).


As of 1974, NONE for felonies.
SOL vs. perp.: + 5 years from majority = Age 23.


Kentucky State Law Provides:

Time limitations

(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.
Ky. Rev. Stat. 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.

Ky. Rev. Stat. 500.050

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 shall not be considered negligent for solely providing spiritual treatment in accordance with the practices of a recognized religious denomination. However, the court has authorization to order medical treatment if deemed necessary.

Kentucky law provides:

A parent or other person exercising custodial control or supervision of the child legitimately practicing the person’s religious 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 treatment . . . 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

There is a religious exemption to criminal liability for parents failing to provide medical care based on faith because Kentucky’s criminal statute uses the same definition as civil. (see above)

Kentucky Law Provides:
Endangering welfare of minor.
(1) A parent, guardian or other person legally charged with the care or custody of a minor is guilty of endangering the welfare of a minor when he fails or refuses to exercise reasonable diligence in the control of such child to prevent him from becoming a neglected, dependent or delinquent child.
(2) Endangering the welfare of a minor is a Class A misdemeanor.
Kentucky Revised Statutes 530.060


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.


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.