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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

Arizona’s New Law – Childhood Sexual Abuse

Under Arizona’s new childhood sexual abuse law, even victims who are more than 30-years old may file a lawsuit BUT ONLY THROUGH DECEMBER 31, 2020! 

In Arizona, prior to May 2019, the statute of limitations for childhood sexual abuse was generally limited to two years from the child’s 18th birthday. In other words, an abused minor had until the age of 20 to file a lawsuit against the sexual predator or organization that employed or enabled the sexual predator.

Because many victims of child sexual abuse are not only traumatized physically but emotionally, these lawsuits often do not get filed within the first two years of adulthood. So, many victims lost out on the opportunity to obtain justice or to hold the abuser accountable.

This changed in May of 2019. ARS 12-514 allows a victim “twelve years after reaching eighteen years of age” to file a lawsuit, i.e., until their 30th birthday.

Section 12-514 – Civil action arising from sexual conduct or sexual contact committed against a minor; failure to report; statute of limitations; revived action after a criminal conviction; definitions
A. Notwithstanding sections 12-505, 12-511 and 12-542, an action for the recovery of damages that is based on either of the following shall be commenced within twelve years after the plaintiff reaches eighteen years of age and not afterward:
1. An injury that a minor suffers as a result of another person’s negligent or intentional act if that act is a cause of sexual conduct or sexual contact committed against the minor.
2. The failure to report pursuant to section 13-3620 sexual conduct or sexual contact committed against a minor.
B. For the purposes of this section:
1. “Person” means an individual, the united states, this state or a public or private corporation, local government unit, public agency, partnership, association, firm, trust or estate or any other legal entity.
2. “Sexual conduct” means sexual conduct as proscribed by section 13-1405.
3. “Sexual contact” has the same meaning prescribed in section 13-1401.

In addition, Arizona Governor Ducey signed into law a provision that also enables people OLDER than 30 years to file a lawsuit for their childhood sexual abuse. HOWEVER, THE TIME WINDOW FOR SUCH A LAWSUIT IS ONLY THROUGH DECEMBER 31, 2020!

Basically, the Arizona Legislature recognized that there are many victims who are now more than 30-years old who may have cases against their abusers or the enabling organizations which ignored, and in some cases hid, the abuse. So, Arizona has briefly re-opened the courthouse doors for these victims to file lawsuits and seek justice. However, as mentioned above, this is set to expire on December 31, 2020. If you were a victim of sexual abuse as a child and are over 30-years old, please contact our office (480) 874-2918 as soon as possible to ensure that your rights can be protected before the December 31, 2020 deadline.

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  • 10.0Shane L Harward

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