What is the statues of limitation on a sexual harassment or assault case in Kentucky?
Full Question:
What is the statues of limitation on a sexual harassment/assault case. It is involving female teacher and minor student in the state of Kentucky? what type of lawyer to I need to seek?
05/19/2007 |
Category: Criminal ยป Harassment |
State: Tennessee |
#5338
Answer:
You need to consult a local attorney who specializes in sexual harassment law.
The following are applicable Kentucky statutes:
Title XXXVI, Chapter 413, 413.249
(1) As used in this section:
(a) "Childhood sexual assault" means an act or series of acts against a
person less than eighteen (18) years old and which meets the criteria
defining a felony in KRS 510.040, 510.050, 510.060, 510.070, 510.080,
510.090, 510.110, Section 5 of this Act where the offense involves
commercial sexual activity, 530.020, 530.064, 531.310, or
531.320. No prior criminal prosecution or conviction of the civil
defendant for the act or series of acts shall be required to bring a
civil action for redress of childhood sexual assault;
(b) "Childhood sexual abuse" means an act or series of acts against a
person less than eighteen (18) years old and which meets the criteria
defining a misdemeanor in KRS 510.120, KRS 510.130, KRS 510.140, or KRS
510.150. No prior criminal prosecution or conviction of the civil
defendant for the act or series of acts shall be required to bring a
civil action for redress of childhood sexual abuse;
(c) "Child" means a person less than eighteen (18) years old; and
(d) "Injury or illness" means either a physical or psychological injury
or illness.
(2) A civil action for recovery of damages for injury or illness suffered
as a result of childhood sexual abuse or childhood sexual assault shall be
brought before whichever of the following periods last expires:
(a) Within five (5) years of the commission of the act or the last of a
series of acts by the same perpetrator;
(b) Within five (5) years of the date the victim knew, or should have
known, of the act; or
(c) Within five (5) years after the victim attains the age of eighteen
(18) years.
(3) If a complaint is filed alleging that an act of childhood sexual
assault or childhood sexual abuse occurred more than five (5) years prior
to the date that the action is commenced, the complaint shall be
accompanied by a motion to seal the record and the complaint shall
immediately be sealed by the clerk of the court. The complaint shall
remain sealed until:
(a) The court rules upon the motion to seal;
(b) Any motion to dismiss under CR 12.02 is ruled upon, and if the
complaint is dismissed, the complaint and any related papers or pleadings
shall remain sealed unless opened by a higher court; or
(c) The defendant files an answer and a motion to seal the record upon
grounds that a valid factual defense exists, to be raised in a motion for
summary judgment pursuant to CR 56. The record shall remain sealed by the
clerk until the court rules upon the defendant's motion to close the
record. If the court grants the motion to close, the record shall remain
sealed until the defendant's motion for summary judgment is granted. The
complaint, motions, and other related papers or pleadings shall remain
sealed unless opened by a higher court.