Does the delayed discovery rule apply to child sexual abuse cases?

California, United States of America


The following excerpt is from Evans v. Eckelman, 216 Cal.App.3d 1609, 265 Cal.Rptr. 605 (Cal. App. 1990):

We conclude that the purposes of the statute of limitations and the rationale of the delayed discovery rule as it has developed in our courts require that accrual of a cause of action for child sexual abuse by a parent or similar figure of authority be delayed until the plaintiff knows or reasonably should know of the cause of action. " ' " '[The limitations period] is intended to run against those who are neglectful of their rights and who fail to use reasonable and proper diligence in the enforcement thereof....' " It is not the policy of the law to unjustly deprive one of his remedy....' " (Manguso v. Oceanside Unified School Dist., supra, 88 Cal.App.3d at p. 730, 152 Cal.Rptr. 27.)

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