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  1. #1
    JCHPOZARKS is offline Junior Member
    Join Date
    Feb 2006

    Statute of Limitations Child Molestation

    What is the name of your state? Iowa
    What is the Statute of Limitations on filing a Child Molestation Case against a person in the state of Iowa?

  2. #2
    rossie is offline Junior Member
    Join Date
    Feb 2006
    I found this online: Iowa

    Note: The legislature is considering House Study Bill 601 would suspend the statute of limitations for bringing civil cases for one year beginning July 1st (Feb. 25, 2004).

    March 6, 2004: A bill to lift the statute of limitations to allow victims of sexual abuse by clergy members to file lawsuits for abuse suffered years ago failed. Rep. George Eichhorn, R-Stratford, said lawmakers had concerns about allowing legal action against events that happened so far in the past.

    Summary: Pursuant to Iowa statutory law and case law, victims must initiate their lawsuits within 4 years of the discovery of and injury and the causal relationship between the injury and the abuse. Iowa Code Ann. 614.8A which applies to all cases in which the injury occurred after July 1, 1990:

    "An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four (4) years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse." Iowa Code Sec. 614.8A.

    In Frideres v. Schiltz, 540 N.W.2d 261 (Iowa 1995) the court held that the statutory discovery rule, ICA 614.8A effective July 1, 1990 did not apply retroactively. However, claims arising out of abuse which occurred prior to July 1, 1990 can be brought under the common law discovery rule.

    The court also held that there is no parental immunity from the negligence claim of child when a parent knows of and allows sexual abuse of child. Childhood sexual abuse means abuse to a child under the age of 14. See also In Doe v. Cherwitz, 518 N.W.2d 362, 363 (Iowa 1994) (common law discovery rule applicable to childhood sexual abuse claims; claimant must have some realization of the nexus between the abuse and the injury suffered); Claus v. Whyle, 526 N.W.2d 519 (Iowa 1994)(discovery rule). See also Woodroffe v. Hansencleaver, 540 N.W.2d 45 (Iowa 1995).

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