GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 905*

Short Title:  Limitation/Childhood Sexual Abuse.	(Public)
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Sponsors: Senator Sands.
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Referred to:  Judiciary I.
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April 19, 1993

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A LIMITATION FOR CIVIL ACTIONS BASED ON PERSONAL INJURY OR ILLNESS CAUSED BY CHILDHOOD SEXUAL ABUSE.
The General Assembly of North Carolina enacts:
Section 1.  Article 3 of Chapter 1 of the General Statutes is amended by adding a new section to read:
"§ 1-15.2.  Limitation for survivors of childhood sexual abuse.
(a)	Subject to subsection (b) of this section, a civil action for damages based on personal injury or illness caused by childhood sexual abuse shall be commenced within three years of the later of:
(1)	The time the plaintiff reaches the age of majority, or
(2)	The time the plaintiff discovers or reasonably should have discovered that the injury or illness was caused by the sexual abuse.
(b)	In no event shall an action to recover damages arising out of the childhood sexual abuse be commenced after the plaintiff reaches the age of 40 years.
(c)	The plaintiff shall not be required to establish which specific act in a series of acts of childhood sexual abuse caused the injury that is the subject of the action.  Further, the doctrine of parental immunity shall not be available as a defense in an action based on personal injury or illness caused by childhood sexual abuse committed by a parent against the parent's child.
(d)	As used in this section, 'childhood sexual abuse' means conduct that constitutes one or more of the following acts committed against a victim less than 18 years of age at the time of the act by a defendant 18 years of age or more and at least five years older than the victim:
(1)	Vaginal or anal intercourse;
(2)	Oral-genital contact; or
(3)	Fondling of the genitals, buttocks, or breasts.
Childhood sexual abuse also means conduct that constitutes an inducement of a victim less than 18 years of age to perform one or more of these acts on a defendant 18 years of age or more and at least five years older than the victim."
Sec. 2.  G.S. 1-52(16) reads as rewritten:
"(16)	Unless otherwise provided by statute, for personal injury or physical damage to claimant's property, the cause of action, except in causes of actions referred to in G.S. 1-15(c) and G.S. 1-15.2, shall not accrue until bodily harm to the claimant or physical damage to his property becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.  Provided that no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action."
Sec. 3.  This act becomes effective October 1, 1993, and applies to all actions arising on or after that date.