537.046. Childhood sexual abuse, injury or illness defined--action for damages may be brought, when. - Missouri Statutes

Childhood sexual abuse, injury or illness defined--action fordamages may be brought, when.

537.046. 1. As used in this section, the following terms mean:

(1) "Childhood sexual abuse", any act committed by the defendant againstthe plaintiff which act occurred when the plaintiff was under the age ofeighteen years and which act would have been a violation of section 566.030,566.040, 566.050*, 566.060, 566.070, 566.080*, 566.090, 566.100, 566.110*, or566.120*, RSMo, or section 568.020, RSMo;

(2) "Injury" or "illness", either a physical injury or illness or apsychological injury or illness. A psychological injury or illness need notbe accompanied by physical injury or illness.

2. Any action to recover damages from injury or illness caused bychildhood sexual abuse in an action brought pursuant to this section shall becommenced within ten years of the plaintiff attaining the age of twenty-one orwithin three years of the date the plaintiff discovers, or reasonably shouldhave discovered, that the injury or illness was caused by childhood sexualabuse, whichever later occurs.

3. This section shall apply to any action commenced on or after August28, 2004, including any action which would have been barred by the applicationof the statute of limitation applicable prior to that date.

(L. 1990 H.B. 1370, et al. § 3, A.L. 2004 H.B. 1055 merged with H.B. 1453 merged with S.B. 1211)

*Sections 566.050, 566.080, 566.110, and 566.120 were repealed by S.B. 693 in 1994.

CROSS REFERENCES:

Prosecution for sexual offense involving person seventeen or under to be commenced within twenty years of offense, RSMo 556.037

Statute of limitation in action for damages for sexual contact with person within third degree of consanguinity or affinity, RSMo 516.371

(1993) Expiration of statutes of limitation for tort actions created vested right in favor of defendants to be free from suit; therefore, to extent that section authorizes causes of action that would have been barred under statutes of limitation in effect prior to effective date of statute, statute contravenes, Art. I, Sec. 13, Mo. Const., constitutional prohibition against retrospective laws. Doe v. Roman Catholic Diocese, 862 S.W.2d 338 (Mo.banc).