NCJ Number
147606
Journal
Behavioral Sciences and the Law Volume: 12 Issue: 1 Dated: (Winter 1994) Pages: 65-87
Date Published
1994
Length
23 pages
Annotation
This article examines the implications of statutes of limitations for legal actions associated with the delayed memories of adults molested as children.
Abstract
The authors first discuss the problem of delayed memories and long-term effects of child sexual abuse and the current trend to bring civil lawsuits or criminal prosecutions for childhood sexual abuse. Statutes of limitations, which in most States place a time limit on when legal actions can be commenced, constitute the primary obstacle to such actions. A discussion of the purpose of the statute of limitations and the need for changing or extending it in child sexual abuse cases is followed by a summary and analysis of the methods used by State legislation and judicial decisions to change or extend the statute of limitations in both criminal and civil actions. The article examines the pros and cons of bringing legal actions for child sexual abuse many years later and concludes with a discussion of the current debate about the accuracy and authenticity of long-term memory and the advisability of legal reforms to extend or eliminate the statute of limitations in this area. 2 tables and 99 references