Statute of Limitations and Sexual Abuse Cases | Andreozzi + Foote, P.C.
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Statute of Limitations and Sexual Abuse Cases

By |2020-02-18T20:14:17+00:00September 30th, 2013|Personal Injury|0 Comments

(1) they discover the injury; and (2) they discover the source of the injury. However, it is important to note that Pennsylvania, unlike many other states, has rejected the repressed memory theory as a tool to apply the discovery rule. The repressed memory theory is applicable to situations where victims of sexual assault and molestation have subconsciously forced themselves to forget the occurrence of abuse for many years.

The theory of “fraudulent concealment” may also extend the statute of limitations in Pennsylvania sexual abuse and molestations cases. In order for this theory to be applicable, the Plaintiff must establish the defendant committed some affirmative independent act of concealment upon which the Plaintiff justifiably relied. This exception may be applicable if the Defendant provides the Plaintiff with information which misleads the Plaintiff, and thereby causes him/her to forego filing suit. There are other exceptions to the statute of limitations in sexual abuse and molestations cases which are less common. Each case presents with a unique set of facts, and it is extremely important to consult with an experienced sexual abuse and molestation attorney even if you believe that the statute of limitations on your case has expired. The sooner you consult with an attorney, the better the chance your rights will be protected.

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