§ 28-3-116 — Action for injury or illness based on child sexual abuse

Tennessee § 28-3-116

• Jurisdiction: Tennessee
• Title: 28

Text

(a) As used in this section, unless the context otherwise requires: (1) "Child sexual abuse" means any act set out in § 37-1-602(a)(3) , that occurred when the victim was a minor; (2) "Discovery" means when the injured person becomes aware that the injury or illness was caused by child sexual abuse or trafficking for a commercial sex act. Discovery that the injury or illness was caused by child sexual abuse or trafficking for a commercial sex act shall not be deemed to have occurred solely by virtue of the injured person's awareness, knowledge, or memory of the acts of abuse; (3) "Injury or illness" means either a physical injury or illness or a psychological injury or illness; (4) "Minor" means a person under eighteen (18) years of age; and (5) "Trafficking for a commercial sex act" means any act set out in § 39-13-309(a) , that occurred when the victim was a minor. (b) Notwithstanding § 28-3-104 , a civil action for an injury or illness based on child sexual abuse that occurred when the injured person was a minor must be brought: (1) For child sexual abuse that occurred before July 1, 2019, but was not discovered at the time of the abuse, within three (3) years from the time of discovery of the abuse by the injured person; or (2) For child sexual abuse that occurred on or after July 1, 2019, within the later of: (A) Fifteen (15) years from the date the person becomes eighteen (18) years of age; or (B) If the injury or illness was not discovered at the time of the abuse, within three (3) years from the time of discovery of the abuse by the injured person. (c) Notwithstanding § 28-3-104 , a civil action for an injury or illness based on trafficking for a commercial sex act that occurred when the injured person was a minor must be brought: (1) For a commercial sex act that occurred before July 1, 2024, but was not discovered at the time of the commercial sex act, within three (3) years from the time discovery of the abuse by the injured person; or (2) For a commercial sex act that occurred on or after July 1, 2024, within thirty (30) years from the date the person becomes eighteen (18) years of age. (d) A person bringing an action under this section need not establish or prove: (1) Which act in a series of continuing child sexual abuse or trafficking for a commercial sex incidents by the alleged perpetrator caused the injury or illness complained of, but may compute the date of discovery from the date of discovery of the last act by the same alleged perpetrator which is part of a common scheme or pattern of child sexual abuse or trafficking for a commercial sex; or (2) That the injured person psychologically repressed the memory of the facts upon which the claim is predicated. (e) In an action brought under this section, the knowledge of a parent or guardian shall not be imputed to a minor. (f) If an action is brought against someone other than the alleged perpetrator of the child sexual abuse or trafficking for a commercial sex act, and if the action is brought more than one (1) year from the date the injured person attains the age of majority, then the injured person must offer admissible and credible evidence corroborating the claim of abuse or trafficking by the alleged perpetrator.

Legislative History

Amended by 2024 Tenn. Acts, ch. 790,s 5, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 790,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 790,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 790,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 790,s 1, eff. 7/1/2024. Amended by 2019 Tenn. Acts, ch. 499, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 499, s 1, eff. 7/1/2019. Added by 2016 Tenn. Acts, ch. 737, s 1, eff. 4/7/2016.