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Civil Statute of Limitations

  • Delayed Tolling for Sexual Offenses Against Minors : 18 years of age plus 6 years. MINN. STAT. § 541.073 (2008).
  • Discovery Rule : Minnesota’s discovery statute specifies that an action: (a) must be commenced within six years the victim knew or had reason to know that the injury was caused by the sexual abuse, (b) the victim need not establish which act in a continuous series of sexual abuse acts caused the injury, and (c) the knowledge of a parent or guardian may not be imputed to a minor. MINN. STAT. § 541.073(a-c). The Minnesota Supreme Court held that the six-year period provided in the delayed discovery statute began to run when victim reached majority, D.M.S. v. Barber, 645 N.W.2d 383 (Minn. 2002). The Supreme Court applied the state's discovery rule to sexual abuse cases, but rejected a "realization" definition of discovery. Blackowiak v. Kemp, 546 N.W.2d 1 (Minn. 1996).
Criminal Statute of Limitations

  • SOL Depending on the Nature of the Offense : If a minor when the acts occurred, the victim must bring a claim “within nine years after the commission of the offense or, if the victim failed to report the offense within this limitation period, within three years after the offense was reported to law enforcement authorities.” MINN. STAT. § 628.26(e) (2008). 3 years for all other offences. § 628.26(k).
  • Other Grounds for Tolling : However, if victim is coerced/prevented from reporting the three year limit is ignored. State v. Danielski, 374 N.W.2d 322 (Minn.App. 1985). In such situations, the incest victim must tell someone who actually brings information to proper authorities before statute runs. State v.French, 392 N.W.2d 596 (Minn.App. 1986).
  • DNA Exception : There is no SOL for criminal sexual conduct in first to third degrees if DNA evidence was preserved. § 628.26(f).

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SOL Reform

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Exposing the Myth

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Facts About Child Sexual Abuse

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Misinformation Spread About the NY Child Victims Act

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