On Wednesday November 23, a story in the Associated Press reported that two new claims of child sexual abuse have emerged against a former Penn State football coach who was arrested on November 5. The university’s former defensive coordinator, Jerry Sandusky, was indicted on 40 counts of child molestation charges as a result of a grand jury investigation. The National Public Radio has a complete timeline of the current Penn State child sexual assaults scandal on their website. The child sexual assault allegations against Sandusky claim that the abuse occurred during a course of 15 years, beginning in the 1990’s at the time when some of the young men were of the age 10 or 11. This could raise some important statute of limitations (SOL) issues in a civil action for potential plaintiffs, if a lawsuit were to be filed. Further, it is worthy of a discussion due to the relevance of prospective Florida civil suits filed by adults when raising a childhood abuse claim. An Orlando childhood assault attorney is often familiar with SOL matters.
The statute of limitations refers to the period of time during which a criminal or civil lawsuit can be filed against a defendant. Fundamentally, if a potential plaintiff does not file a suit within the time period set forth in a federal or state statue, the plaintiff loses his or her right to bring an action at law. Moreover, it is significant that Florida residents understand how the SOL applies in a civil case based upon a Florida child sexual assault claim.
In an earlier blog, we conveyed that in 2010, the criminal and civil SOL’s were eliminated for minor children under the age of 16 at the time when their abuse occurred. This is due to a legal doctrine known as the Delayed Discovery Rule. In Hearndon v. Graham, 767 So. 2d 1179 (Fla. 2000), the Florida Supreme Court held that the delayed discovery doctrine is applicable in childhood sexual abuse cases. Further, according to the Court’s holding, a “cause of action does not accrue until the plaintiff either knows or reasonably should know of the tortuous act giving rise to the cause of action.” Id. Essentially, the Court has recognized the major psychological trauma effects a childhood sexual abuse or incest can produce. It is common for the memory to become repressed as a result of a tragedy and due to shock; a child may place the memories of an awful event into an unconsciousness state in the mind. Usually, the remembrance of childhood abuse occurrence can become conscious again during therapy or counseling sessions.
A Fort Lauderdale personal injury attorney can help adults who believe or have discovered that they were sexually abused as a child. It is important to seek the advice of an attorney immediately because the SOL may be an issue. Under the new law, not all of the Florida childhood sexual abuses SOL’s were eliminated. However, discussing your circumstances with a Miami personal injury lawyer can help determine whether or not the SOL has expired and if you have a potential civil lawsuit.
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