§ 52-577d — Limitation of action for damages to person under twenty-one years of age caused by sexual abuse, exploitation or assault.

Connecticut § 52-577d

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 926: Statute of Limitations

Text

Notwithstanding the provisions of section 52-577, no action to recover damages for personal injury to a person under twenty-one years of age, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault may be brought by such person later than thirty years from the date such person attains the age of twenty-one.

Legislative History

(P.A. 86-401, S. 6, 7; 86-403, S. 104, 132; P.A. 91-240; P.A. 02-138, S. 2; P.A. 19-16, S. 13.) History: P.A. 86-403 made technical change; P.A. 91-240 changed “two” years to “seventeen” years and deleted phrase “except that no such action may be brought more than 7 years from the date of the act complained of”; P.A. 02-138 extended the limitation on bringing an action from 17 to 30 years after the attainment of the age of majority, effective May 23, 2002, and applicable to any cause of action arising from an incident committed prior to, on or after said date; P.A. 19-16 replaced “minor” with “person under twenty-one years of age” and replaced “age of majority” with “age of twenty-one”, effective October 1, 2019, and applicable to any cause of action arising from an incident committed on or after October 1, 2019. Cited. 214 C. 464. Court concluded that section as amended by expanding period of liability did not create a substantive change in the law that would preclude its retroactive application. 224 C. 483. Cited. 230 C. 472. Actions may be brought no later than 30 years from the date plaintiff personally attained the age of majority. 279 C. 207. Retroactive application of section to revive plaintiff's otherwise time barred claims does not violate defendant's substantive due process rights under Connecticut Constitution; defendant did not have a vested right to a defense under the lapsed statute of limitations. 317 C. 357. Section applicable to actions against the perpetrators of sexual abuse of minors as well as actions against parties whose negligent acts or omissions legally caused the personal injuries suffered by the victims of sexual abuse. 323 C. 303. Cited. 39 CA 183. Whether plaintiff did or did not repress memories of the sexual abuse is irrelevant, as the section does not mention or require repressed memories, nor does it bar plaintiffs who have not repressed memories of the abuse from relying on it. 178 CA 547. Cited. 44 CS 527; 45 CS 136.