History and Analysis of Delayed Discovery Statutes of Limitations in Adult Survivor Litigation
Titel:
History and Analysis of Delayed Discovery Statutes of Limitations in Adult Survivor Litigation
Auteur:
Williams, Mary R.
Verschenen in:
Journal of aggression, maltreatment & trauma
Paginering:
Jaargang 3 (2000) nr. 2 pagina's 49-71
Jaar:
2000-07-31
Inhoud:
In this chapter, attorney Mary R. Williams examines how while Childhood Sexual Abuse (CSA) cases share many of the types of facts for which delayed discovery, mental incapacity, equitable estoppel and other legal statutes of limitations doctrines were created, the combination of factors of CSA cases, including unusual social dynamics and long-term psychological effects, does not fit exactly with any of these legal doctrines. She explores the historical development of delayed discovery statutes of limitations, evaluates the different types of statutes and case law, and analyzes the problematic use of the concept of repression in legislation. This chapter interprets her ground-breaking state-by-state tabulations of delayed discovery statutes of limitations and reported appellate decisions on limitations in CSA actions, published in this volume as appendices A, B, and C.
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