What is the standard of discovery in a child sexual abuse case?

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):

Because of the youth and ignorance of the victims, as well as the unique duties and authority held by the parent, child sexual abuse by a parent or parental figure may in some cases be as effectively concealed from the victim as an underground trespass, a foreign object left in the body after surgery, or the abstruse errors made by a hired professional. The plaintiff must plead facts showing the time and manner of the delayed discovery (County of Alameda v. Superior Court (1987) 195 Cal.App.3d 1283, 1286, 241 Cal.Rptr. 312), and if he or she can do so it would be unjust and inconsistent with previous cases to not apply the discovery rule.

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