60-523. Limitations on actions for recovery of damages suffered as a result of childhood sexual abuse.
60-523
60-523. Limitations on actions for recovery of damages suffered as aresult of childhood sexual abuse.(a) No action for recovery of damages suffered as aresult of childhood sexual abuse shall be commenced more than three yearsafter the date the person attains 18 years of age or more than three yearsfrom the date the person discovers or reasonably should have discovered thatthe injury or illness was caused by childhood sexual abuse, whichever occurslater.
(b) As used in this section:
(1) "Injury or illness" includes psychological injury or illness, whetheror not accompanied by physical injury or illness.
(2) "Childhood sexual abuse" includes any act committed against theperson which act occurred when the person was under the age of 18 years andwhich act would have been a violation of any of the following:
(A) Indecent liberties with achild as defined in K.S.A. 21-3503 and amendments thereto; (B) aggravatedindecent liberties with a child as defined in K.S.A. 21-3504 and amendmentsthereto; (C) aggravated criminal sodomy as defined in K.S.A. 21-3506 andamendments thereto; (D) enticement of a child as defined in K.S.A. 21-3509and amendments thereto; (E) indecent solicitation of a child as defined inK.S.A. 21-3510 and amendments thereto; (F) aggravated indecent solicitationof a child as defined in K.S.A. 21-3511 and amendments thereto; (G) sexualexploitation of a child as defined in K.S.A. 21-3516 and amendmentsthereto; or (H) aggravated incest as defined in K.S.A. 21-3603 andamendments thereto; or any prior laws of this state of similar effect atthe time the act was committed.
(c) Discovery that the injury or illness was caused by childhood sexualabuse shall not be deemed to have occurred solely by virtue of the person'sawareness, knowledge or memory of the acts of abuse.The person need not establish which act in a series of continuing sexualabuse incidents caused the injury or illness complained of, but may compute thedate of discovery from the date of discovery of the last act by the sameperpetrator which is a part of acommon scheme or plan of sexual abuse.
(d) This section shall be applicable to:
(1) Any action commenced on or after July 1, 1992, including anyaction which would be barred by application of the period of limitationapplicable prior to July 1, 1992;
(2) any action commenced prior to July 1, 1992, and pending on July 1, 1992.
History: L. 1992, ch. 307, § 1; July 1.