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Kansas

Civil Statute of Limitations

  • Later of Delayed SOL (18 + 3 Years) or Discovery Rule (3 Years) : Actions based on child sexual abuse may be brought until the later of three years from the victim’s 18th birthday or three years from the date the victim “discovers or reasonably should have discovered that the injury or illness was caused by childhood sexual abuse . . .” KAN. STAT. ANN. § 60-523(a) (2008). The statute clarifies that “[d]iscovery that the injury or illness was caused by childhood sexual abuse shall not be deemed to have occurred solely by virtue of the person's awareness, knowledge or memory of the acts of abuse.” Id. § 60-523(c).
     
  • Retroactivity : Allows any action commenced “on or after July 1, 1992, including any action which would be barred by application of the period of limitation applicable” prior to the effective date. Id. § 60-523(d).
     
Criminal Statute of Limitations

  • 5 Year General SOL : KAN. STAT. ANN. § 21-3106(4) (2008).
     
  • Delayed Tolling/Discovery/Repressed Memory Rule May Toll SOL Until Victim Turns 28 Years Old : The SOL is tolled if two or more of the following conditions are supported by substantial competent evidence: (i) the victim was a child under 15 years of age at the time of the crime; (ii) the victim was of such age or intelligence that the victim was unable to determine that the acts constituted a crime; (iii) the victim was prevented by a parent or other legal authority from making known to law enforcement authorities the fact of the crime whether or not the parent or other legal authority is the accused; and (iv) there is substantially competent expert testimony indicating the victim psychologically repressed such witness' memory of the fact of the crime, and in the expert's professional opinion the recall of such memory is accurate and free of undue manipulation, and substantial corroborating evidence can be produced in support of the allegations contained in the complaint . . . . Id. § 21-3106(5)(f). However, no prosecution delayed by this statute may be brought after the victim’s 28th birthday. Id.
     


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SOL Reform
At-a-Glance

Access our fact sheet, "Reforming Statutes of Limitations on Child Sex Abuse", by clicking the title to dispel some of the most prevalent myths on SOL reform.

Exposing the Myth

SOL reform is not anti-Catholic, nor is it directed against the Catholic Church. Click HERE to see why the argument that it is fails.

Facts About Child Sexual Abuse

Click HERE for a brief compilation and examination of a number of studies regarding childhood sexual abuse. It is clear from the numbers that something must be done - SOL reform is the most effective method of finding hidden predators.

Misinformation Spread About the NY Child Victims Act

Read our new document dispelling the untruths that have been circulated against the Child Victims Act and explaining the truth about the Child Victims Act by clicking HERE.
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