The Laws That Should Protect Our Children
Current Civil SOL in a nutshell
SOL vs. perp: none. Click to read Nebraska Legislative Bill 300, which codified this change. SOL vs. employer: +12 years from majority = Age 33
Majority Tolling: √ Age 21 Discovery Tolling: √ Liberal
SOL: +12 years from 21st birthday (Age 33)
- R.R.S. Neb. § 25-228. (“Action by victim of sexual assault of a child; when. Notwithstanding any other provision of law, actions for an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 can only be brought within twelve years after the plaintiff’s twenty-first birthday. Criminal prosecution of a defendant under section 28-319.01 or 28-320.01 is not required to maintain a civil action for violation of such sections.”)
a. EFFECTIVE DATE: July 19, 2012
- If R.R.S. Neb. § 25-228 does not apply to non-perps then the SOL vs non—perps is still +4 years form accrual under § 25-207, thus would be +4 from majority or narrow discovery.
a. R.R.S. Neb. § 25-207. Actions for trespass, conversion, other torts, and frauds; exceptions (“The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.
- Majority, yes. 21st birthday.
a. R.R.S. Neb. § 25-213. Tolling of statutes of limitation; when. (“Except as provided in sections 76-288 to 76-298, if a person entitled to bring any action mentioned in Chapter 25, the Political Subdivisions Tort Claims Act, the Nebraska Hospital-Medical Liability Act, the State Contract Claims Act, the State Tort Claims Act, or the State Miscellaneous Claims Act, except for a penalty or forfeiture, for the recovery of the title or possession of lands, tenements, or hereditaments, or for the foreclosure of mortgages thereon, is, at the time the cause of action accrued, within the age of twenty years, a person with a mental disorder, or imprisoned, every such person shall be entitled to bring such action within the respective times limited by Chapter 25 after such disability is None. For the recovery of the title or possession of lands, tenements, or hereditaments or for the foreclosure of mortgages thereon, every such person shall be entitled to bring such action within twenty years from the accrual thereof but in no case longer than ten years after the termination of such disability. Absence from the state, death, or other disability shall not operate to extend the period within which actions in rem are to be commenced by and against a nonresident or his or her representative.”)
- Discovery, yes, very narrow (full & total memory repression from date of act essentially necessary)
a. Teater v. State, 252 Neb. 20, 26, 559 N.W.2d 758, 763 (Neb. 1997) (“focal point for determining when a cause of action accrues, even under the application of the discovery rule, is when the actual injury occurs. The focus is not on when the injured party recognizes whose negligence is responsible for the injury, but, rather, the statute of limitations begins to run on the date on which the party holding the cause of action discovers or, in the exercise of reasonable diligence, should have discovered the existence of the injury”).
b. Van Sickle v. Mize, No. 4:04cv3239, 2005 U.S. Dist. LEXIS 32480, 12-14 (D. Neb. Sept. 9, 2005) (repression of memories cannot toll statute of limitations in Nebraska when repression occurs later, after plaintiff has already “discovered” factual basis of his or her cause of action; nor if plaintiff retained/regained memory of the abuse at any time since the events occurred).
Current Criminal SOL in a nutshell
None for sexual assault of a child in the first, second or third degree, incest, and sexual assault in the third degree when the victim is under sixteen years of age. (Removal for sexual assault also applies to offenses committed prior to April 16, 2004 for which the SOL had not expired on such date; Applies to incest offenses committed prior to May 21, 2009 for which the SOL had not expired on such date) Age 23 for other crimes.
None for sexual assault of a child in the first, second or third degree, incest, and sexual assault in the third degree when the victim is under sixteen years of age. R.R.S. Neb. § 29-110 (7). Later of +7 years or +7 years from the victim’s 16th birthday for other offenses. R.R.S. Neb. § 29-110 (3)
R.R.S. Neb. § 29-110 (7) (“There shall not be any time limitations for prosecution or punishment for… sexual assault in the first or second degree under section 28-319 or 28-320, sexual assault of a child in the second or third degree under section 28-320.01, incest under section 28-703, or sexual assault of a child in the first degree under section 28-319.01; nor shall there be any time limitations for prosecution or punishment for sexual assault in the third degree under section 28-320 when the victim is under sixteen years of age at the time of the offense.”)
R.R.S. Neb. § 29-110 (3) (“Except as otherwise provided by law, no person shall be prosecuted for…child abuse under section 28-707, … debauching a minor under section 28-805, or an offense under section 28-813, 28-813.01, or 28-1463.03 when the victim is under sixteen years of age at the time of the offense (a) unless the indictment for such offense is found by a grand jury within seven years next after the offense has been committed or within seven years next after the victim’s sixteenth birthday, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within seven years next after the offense has been committed or within seven years next after the victim’s sixteenth birthday, whichever is later, and a warrant for the arrest of the defendant has been issued.”)
(5) THERE SHALL NOT BE ANY TIME LIMITATIONS FOR PROSECUTION OR PUNISHMENT FOR TREASON, MURDER, ARSON, FORGERY, SEXUAL ASSAULT OF A CHILD UNDER SECTION 28-320.01, OR ANY OF THE FOLLOWING OFFENSES WHEN THE VICTIM IS UNDER SIXTEEN YEARS OF AGE AT THE TIME OF THE OFFENSE: SEXUAL ASSAULT IN THE FIRST DEGREE, SECOND DEGREE, OR THIRD DEGREE UNDER SECTION 28-319 OR 28-320.
Age of Majority / Age of Consent / Age of Marriage
Age of Majority: 19 unless already legally married. See, Neb. Rev. Stat. § 43-2101. Age of consent to marriage: 17. See, Neb. Rev. Stat. § 42-102.
Age of Consent: 16 for sexual contact. See, Neb. Rev. Stat. § 28-319. 17 for “debauching a minor.” See, Neb. Rev. Stat. § 28-805.
Age of Marriage with Parental Consent: 17.
Age of Marriage without Parental Consent: 19.
See, Neb. Rev. Stat. §§ 42-102, 42-105, 43-2101.
Medical Neglect Statute
CIVIL MEDICAL NEGLECT STATUTE
CRIMINAL MEDICAL NEGLECT STATUTE
Religous Liberty Statute
Religious liberty statute that could put children at risk
No law as of January 2014