Abstract

In the past five years a distinct group of claimants has come to the forefront of tort litigation. In several jurisdictions adult survivors of childhood sexual abuse have brought civil actions against the alleged abusers. These claimants encountered a common problem. The statute of limitations, on its face, barred their causes of action  This Note analyzes current Arizona law to anticipate how Arizona courts are likely to treat this issue.

Section One of this Note provides background information about the societal problem of child abuse in the United States and identifies the short and long-term effects of such abuse. This section also addresses why adult survivors of childhood sexual abuse are now attempting to hold the abusers civilly responsible for their acts.

Section Two summarizes the actions that claimants have brought thus far, focusing on the facts of each case and the theories advanced to avoid the statute of limitations bar. Analysis of these cases shows that appellate courts have upheld the statute of limitations bar in most states. Wisconsin, North Dakota and, to some extent, Nevada, are exceptions to this general trend. In several states where courts have issued unfavorable rulings on the statute of limitations issue, legislative bodies are responding by enacting statutes that extend the statute of limitations for these claimants.

Finally, this Note addresses how Arizona courts are likely to deal with the statute of limitations issue. The traditional methods of tolling Arizona statutes of limitations are identified and applied to facts representative of claims of adult survivors of childhood sexual abuse.

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