Section 2.20 Statute of Limitations in the Context of Sexual Assault and Battery

• Library: Tort Law 2016

B. (§2.20) Statute of Limitations in the Context of Sexual Assault and Battery

Per § 537.046, RSMo Supp. 2013, the statute of limitations for childhood sexual assault and battery cases is the later of:

· ten years after the plaintiff reaches age 21; or

· three years after the plaintiff discovers, or should have discovered, the harm from the abuse.

In the context of those cases, the Supreme Court of Missouri stated the capable of ascertainment test as follows: "the statute of limitations begins to run when the ‘evidence was such to place a reasonably prudent person on notice of a potentially actionable injury.’" Powel v. Chaminade Coll. Preparatory, Inc., 197 S.W.3d 576, 582 (Mo. banc 2006) (quoting Bus. Men’s Assurance Co. of Am. v. Graham, 984 S.W.2d 501, 507 (Mo. banc 1999)).

The Supreme Court of Missouri confirmed that:

The issue is not when the injury occurred, or when plaintiff subjectively learned of the wrongful conduct and that it caused his or her injury, but when a reasonable person would have been put on notice...