Situations Involving Repressed Memories Pose Unique Legal Challenges

December 05, 2010

A statute of limitations is a law which limits the amount of time in which a lawsuit can be brought after the event which gives rise to the suit occurs. For example, a personal injury lawsuit in Illinois generally must be initiated within two years of the injury. For misdemeanor criminal charges, the state generally has eighteen months to initiate charges.After that time, the statute of limitations has expired and legal claims cannot be pursued.

At first glance, these sorts of restrictions may seem unfair, but they serve several practical purposes. As time passes evidence and witnesses become more difficult to find and preserve -- memories fade, records disappear and witnesses may become unavailable. Additionally, a statute of limitations tries to ensure that legal matters are resolved in a timely manner so that the people involved can move on with their lives.

Such hard and fast rules can prove challenging in some situations. For example, generally an individual who is sexually assaulted may pursue a civil claim for damages in Illinois under common law theories or the Crime Victims Compensation Act. These actions have a two year statute of limitations,so in most cases, a victim only has two years from the occurrence of the crime to file a civil claim against the person responsible for the assault.

This statute of limitations could exclude many victims of childhood sexual abuse, particularly those who are scared into silence by predatory adults. Sometimes the psychological and emotional trauma of abuse can cause the victims to repress memories of the abuse well into adulthood, only coming to terms with this abuse years after the initial incident. The failure to acknowledge abuse does not mean that the consequences disappear, though; childhood sexual abuse can affect all aspects of an individual's psychological development and may often result in crippling lifelong difficulties.

Recognizing this unique situation, Illinois law ensures that the statute of limitations period for the victims of childhood sexual assault does not start running until the person "discovers, or reasonably should have discovered, that [he or] she was the victim of childhood sexual abuse." Accordingly, an adult who has been the victim of childhood sexual abuse may be able to pursue a lawsuit, despite the fact that significant amounts of time have passed.

For those hoping to pursue these legal claims, though, it is particularly important to work with a knowledgeable attorney. If you have been the victim of sexual abuse, speak with a lawyer as soon as possible to discuss your potential claims.

Article provided by Lane & Lane, LLC
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